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General Conditions of Contract - George Municipality

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contract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the purchaser’sspecifications) or from any act or omission <strong>of</strong> the supplier, that may developunder normal use <strong>of</strong> the supplied goods in the conditions prevailing in thecountry <strong>of</strong> final destination.15.2 This warranty shall remain valid for twelve (12) months after the goods, or anyportion there<strong>of</strong> as the case may be, have been delivered to and accepted atthe final destination indicated in the contract, or for eighteen (18) months afterthe date <strong>of</strong> shipment from the port or place <strong>of</strong> loading in the source country,whichever period concludes earlier, unless specified otherwise.15.3 The purchaser shall promptly notify the supplier in writing <strong>of</strong> any claimsarising under this warranty.15.4 Upon receipt <strong>of</strong> such notice, the supplier shall, within the period specified andwith all reasonable speed, repair or replace the defective goods or partsthere<strong>of</strong>, without costs to the purchaser.15.5 If the supplier, having been notified, fails to remedy the defect(s) within theperiod specified, the purchaser may proceed to take such remedial action asmay be necessary, at the supplier’s risk and expense and without prejudice toany other rights which the purchaser may have against the supplier under thecontract.16. Payment:16.1 The method and conditions <strong>of</strong> payment to be made to the supplier under thiscontract shall be specified.16.2 The supplier shall furnish the purchaser with an invoice accompanied by acopy <strong>of</strong> the delivery note and upon fulfillment <strong>of</strong> other obligations stipulated inthe contract.16.3 Payments shall be made promptly by the purchaser, but in no case later thanthirty (30) days after submission <strong>of</strong> an invoice or claim by the supplier.16.4 Payment will be made in Rand unless otherwise stipulated.17. Prices:17.1 Prices charged by the supplier for goods delivered and services performedunder the contract shall not vary from the prices quoted by the provider in hisbid, with the exception <strong>of</strong> any price adjustments authorized or in thepurchaser’s request for bid validity extension, as the case may be.18. Variation orders:18.1 In cases where the estimated value <strong>of</strong> the envisaged changes in purchasedoes not exceed 15% <strong>of</strong> the total value <strong>of</strong> the original contract, the contractormay be instructed to deliver the goods or render the services as such. Incases <strong>of</strong> measurable quantities, the contractor may be approached to reducethe unit price, and such <strong>of</strong>fers may be accepted provided that there is noescalation in price.19. Assignment:19.1 The supplier shall not assign, in whole or in part, its obligations to performunder the contract, except with the purchaser’s prior written consent.20. Subcontracts:46

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