General Conditions of Contract - George Municipality

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GEORGE MUNICIPALITY PROCUREMENTGENERAL CONDITIONS OF CONTRACTTABLE OF CLAUSES1. Definitions2. Application3. General4. Standards5. Use of contract documents and information inspection6. Patent rights7. Performance security8. Inspections, tests and analysis9. Packing10. Delivery and documents11. Insurance12. Transportation13. Incidental services14. Spare parts15. Warranty16. Payment17. Prices18. Variation orders19. Assignment20. Subcontracts21. Delays in the supplier’s performance22. Penalties23. Termination for default24. Anti-Dumping and countervailing duties and rights25. Force Majeure26. Termination for insolvency27. Settlement of disputes28. Limitation of liability29. Governing language30. Applicable law31. Notices32. Taxes and duties33. Transfer of contracts34. Amendment of contracts35. Prohibition of restrictive practices40
1. Definitions:General Conditions of Contract1. The following terms shall be interpreted as indicated:1.1 “Closing time” means the date and hour specified in the bidding documentsfor the receipt of bids.1.2 “Contract” means the written agreement entered into between the purchaserand the supplier, as recorded in the contract form signed by the parties,including all attachments and appendices thereto and all documentsincorporated by reference therein.1.3 “Contract price” means the price payable to the supplier under the contract forthe full and proper performance of his contractual obligations.1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurementprocess or in contract execution.1.5 "Countervailing duties" are imposed in cases where an enterprise abroad issubsidized by its government and encouraged to market its productsinternationally.1.6 “Country of origin” means the place where the goods were mined, grown orproduced or from which the services are supplied. Goods are produced when,through manufacturing, processing or substantial and major assembly ofcomponents, a commercially recognized new product results that issubstantially different in basic characteristics or in purpose or utility from itscomponents.1.7 “Day” means calendar day.1.8 “Delivery” means delivery in compliance of the conditions of the contract ororder.1.9 “Delivery ex stock” means immediate delivery directly from stock actually onhand.1.10 “Delivery into consignees store or to his site” means delivered and unloadedin the specified store or depot or on the specified site in compliance with theconditions of the contract or order, the supplier bearing all risks and chargesinvolved until the goods are so delivered and a valid receipt is obtained.1.11 "Dumping" occurs when a private enterprise abroad market its goods on owninitiative in the RSA at lower prices than that of the country of origin andwhich have the potential to harm the local industries in the RSA.1.12 ”Force majeure” means an event beyond the control of the supplier and notinvolving the supplier’s fault or negligence and not foreseeable. Such eventsmay include, but is not restricted to, acts of the purchaser in its sovereigncapacity, wars or revolutions, fires, floods, epidemics, quarantine restrictionsand freight embargoes.1.13 “Fraudulent practice” means a misrepresentation of facts in order to influencea procurement process or the execution of a contract to the detriment of anybidder, and includes collusive practice among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial non-competitivelevels and to deprive the bidder of the benefits of free and open competition.1.14 “GCC” means the General Conditions of Contract.1.15 “Goods” means all of the equipment, machinery, and/or other materials thatthe supplier is required to supply to the purchaser under the contract.1.16 “Imported content” means that portion of the bidding price represented by thecost of components, parts or materials which have been or are still to be41
Page 1 and 2: GEORGE MUNICIPALITYQUOTATION NUMBER
Page 3 and 4: TENDERER CONTACT DETAILSThis inform
Page 5 and 6: All persons that take part in thequ
Page 7 and 8: Certificates issued by an Auditor o
Page 9 and 10: DETAILS OF TENDERING ENTITY’S BAN
Page 11 and 12: THE RESOLUTION TAKEN BY THE BOARD O
Page 13 and 14: JOINT VENTUREOnly to be completed i
Page 15 and 16: And through the training process th
Page 17 and 18: PRICING SCHEDULEThe offer to be val
Page 19 and 20: specified in the quotation document
Page 21 and 22: MBD 2TAX CLEARANCE CERTIFICATEIt is
Page 23 and 24: ……………………………
Page 25 and 26: PREFERENCE POINTS CLAIM FORM IN TER
Page 27 and 28: 2.17 “trust” means the arrangem
Page 29 and 30: 6.1 Bidders who claim points in res
Page 31 and 32: SCORING PRICE AND PREFERENCE80/20 a
Page 33 and 34: Certificates issued by an Auditor o
Page 35 and 36: 4.2.1 If so, furnish particulars:4.
Page 37 and 38: MBD 9CERTIFICATE OF INDEPENDENT BID
Page 39: ANNEXURE APAST EXPERIENCETenderers
Page 43 and 44: 4.1 The goods supplied shall confor
Page 45 and 46: 11. Insurance:11.1 The goods suppli
Page 47 and 48: 20.1 The supplier shall notify the
Page 49 and 50: dumping or countervailing right is
Page 51 and 52: contracting parties. Any waiver of

General Conditions of Contract - George Municipality

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