招标文件公示期已过，可以拒绝回复投标人的投诉质疑吗_百度知道
招标文件公示期已过，可以拒绝回复投标人的投诉质疑吗
我有更好的答案
招标文件只有发售期没有公示期，评标结果有公示期并不应少于三日。对评标结果有异议的应在公示期内提出，逾期提出异议招标人可以不予受理。对评标结果的投诉程序建立在提出异议的基础上，既然未在规定时限内提出异议，行政监督部门对此投诉也将不予受理。个人意见供参考。
采纳率：93%
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我们会通过消息、邮箱等方式尽快将举报结果通知您。法律规定中标结果多久公示？_百度知道
法律规定中标结果多久公示？
4月初我参加了一个项目的投标，到现在已经快两个月了，问招标公司还是没有结果。我国的招标法有这方面的要求吗？业主方或者招标公司能否单方终止招标？求结果，谢谢！
我有更好的答案
你可以看看之前的招标文件中有无这方面的规定。法律规定，开标应当在招标文件确定的提交投标文件截止时间的同一时间公开进行，并且开标时应邀请所有投标人参加。所以，我猜你的情况应该是还没有开标。开标之后还要进行评标，这一过程并无强制性时间要求，但最后是否中标，法律规定必须通知你。
标已经开过了，也让投标单位进行了答疑，开标之后已经快两个月了，一直不给结果。我是想知道开标之后多久出结果，这方面法律有没有明文规定？
一、关于评标的期限，在现有法律中并没有明确的强制性规定，只是规定“招标人应当根据项目规模和技术复杂程度等因素合理确定评标时间。超过三分之一的评标委员会成员认为评标时间不够的，招标人应当适当延长”。（见《中华人民共和国招标投标法实施条例》第四十八条第二款）
从理论上解释，这是因为法律总是具有一般性的，而涉及投标的项目，即使是属于同类项目，情况也各有不同，故为了更好地实现招标的目的，法律不宜作出统一的规定；事实上，法律也不能穷尽一切具体的评标情形，逐一规定评标时间也会使法律变得僵化与繁琐。二、法律规定，评标完成后评标委员会应当向招标人提交书面评标报告和中标候选人名单，招标人应当自收到评标报告之日起3日内公示中标候选人，公示期不得少于3日，这一公示期间内你可以对评标结果提出异议。另一方面，《中华人民共和国招标投标法》第四十五条规定，中标人确定后，招标人应当向中标人发出中标通知书，并同时将中标结果通知所有未中标的投标人。据此，您大可耐心等候。三、假如招标人违反上述法律规定，如没有公告或公告期太短或没有通知您等，您可以自知道或者应当知道之日起10日内向有关行政监督部门投诉，但投诉应当有明确的请求和必要的证明材料。按照《中华人民共和国招标投标法实施条例》第二十二条、第四十四条、第五十四条规定事项投诉的，应当先向招标人提出异议，异议答复期间不计算在前款规定的期限内。
采纳率：58%
应该要公示了啊。这么久了，会不会是有内幕啊？终止招标也是需要公布的啊。
法律规定最迟不得超过开标后30天.一般时间是7天。
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我们会通过消息、邮箱等方式尽快将举报结果通知您。机电产品采购合同国际招标文件&（中英文&第2部分）
Bidding Documents For ICB Procurement
Mechanic & Electronic Products
F Award of
Check before
Contract Award
The Evaluation Committee
will determine to their satisfaction whether the Bidder that is
selected as having submitted the lowest evaluated responsive bid or
the best evaluated responsive bid through comprehensive evaluation
method is qualified to satisfactorily peform the
The determination will take
into account the Bidder’s financial, technical and production
capabilities. It will be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by
the Bidder, pursuant to ITB Clause 13, as well as such other
information as the Evaluation deems necessary and
appropriate.
An affirmative determination
will be a prerequisite for award of the contract to the Bidder.
negative determination will
result in rejection of the Bidder’s bid, in which event the
Evaluation Committee will proceed to the next lowest evaluated bid
prices or the highest comprehensively evaluated score to make a
similar determination of that Bidder’s capabilities to perform
satisfactorily.
Award Criteria
Subject to ITB Clause 32,
the Bid Evaluation Committee will award the contract to the
successful Bidder whose bid has been determined to be substantially
responsive and has been determined to be the lowest evaluated bid
or to be the best evaluated responsive bid through comprehensive
evaluation, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
Publication
of Evaluation Result
31.1www.chinabidding.com
The international bidding of
mechanical and electric products should carries on the procedures
on the www.chinabidding.com, (hereinafter abbreviated as“the
website”) including record establishment, bidding announcement,
public show of evaluation results and challenge disposal and so on.
The bidders must successfully register on above website before the
otherwise, bidders should be all responsible for any
results caused hereafter.
After evaluation of bids,
the Tendering Agent and the Tenderer will publicize the result
evaluation of bids on
“www.chinabidding.com”, (hereinafter abbreviated as“the website”).
The duration for the publication will be seven (7) working
The Bidders successfully registered may inspect
the result of evaluation of bids through the
website, notifying the name of the proposed successful
bidder. If there are any complains or doubts about the result,
Bidders can present written report to the tendering co., firstly,
and when you still have no reply, or you still have complaints
about the reply given by the tendering co., then you can raise
doubts to governing departments through “the website”. However, the
Bidders should bear any responsibilities for the authenticity and
sources of the content in the complains or doubts.
If bidders presented
complains or doubts, the bidder must guarantee the content of
complains or doubts, and the supporting statements be real
source of the content be leagal, and shall bear related
responsibility.
Reject any or All Bids
In special cases, the
Tendering Agent and the Tenderer reserves the right to accept or
reject any bid, and to annul the bidding process and reject all
bids at any time prior to contract award, without thereby incurring
any liability to the affected Bidder or Bidders.
Notification of Award
Once the successful Bidder
has determined, The Tendering Agent will issue a Notification
Award to the Successful
The notification of award
will constitute the formation of the Contract.
Upon the successfu1 Bidder’s
furnishing of performance security pursuant to ITB Clause 36, the
Tendering Agent will promptly notify each unsuccessful Bidder and
will discharge its bid security, pursuant to ITB Clause
Signing of Contract
Within thirty (30) days of
release of “Notification of Award”, the successful bidder should
complete the signing of contract in writing according to the
Bidding Document. The successful bidder is not allowed to sign any
other agreement deviated from the substantive content of the
Performance Security
Within thirty (30) days of
the receipt of notification of award from the Tendering Agent, the
successful Bidder shall furnish the performance security in
accordance with the Terms and Conditions of Contract, in the
Performance Security Form provided in the bidding
documents,
or in another form
acceptable to the Tenderer.
35.2 3435.1
Failure of the successful
Bidder to comply with the requirement of ITB Clause 35 or ITB
Clause shall constitute sufficient grounds for the annulment of the
award and forfeiture of the bid security.
Service Charge for
The successful bidder shall
pay the furnish to the service charge ,as stipulated in the Bid
Data Sheet. Failure of successful bidder to pay the service charge
for bidding as required shall result in forfeiture of the bid
security.&
Section 2& General Conditions of
Definitions
In this Contract, the
following terms shall be interpreted as indicated:
The Contract” means the
agreement entered into between the Purchaser and Supplier, as
recorded in the Contract Form signed by the parties, including ail
attachments and appendices there to and all documents incorporated
by reference therein.
The Contract Price”
means the price payable to the Supplier under the Contract for the
and proper performance of
its contractual obligations.
The Goods” means
a1loft11e equipment, machinery, and/or other materials which the
Supplier is required to supply to the Purchaser under the
The Incidental
Services” means those services ancillary to the supply of the
Goods, such as transportation and insurance, incidental,
commissioning, provision of technical assistance, training, and
other such obligations of the Supplier covered under the
GCC” means the General
Conditions of Contract contained in this section.
SCC” means the Special
Conditions of Contract contained in Section 7
The Purchaser” means
the organization purchasing the Goods and Services, as named in
The Supplier” means the
location where the Goods are to be installed and operated as named
&“The Project Site”
means the location where the Goods are to be installed and operated
as named in SCC.
10Day” means calendar day.
Application
These Terms and Conditions
shall apply to the extent that they are not superseded by
provisions
in other parts of the
Country of
All Goods and Services
supplied under the Contract shall have their origin in the People’s
Republic of China (hereinafter referred to as“he PRC”) in the
countries/areas which have regular trade relations with the PRC
(hereinafter called “eligible source countries”).
For purposes of this Clause,
“origin” means the place where the Goods were mined, grown,
produced, or from which the
Services are supplied. Goods are produced when, through
manufacturing, processing, or substantial and major assembly of
components, a commercially recognized new product results that is
substantially different in basic characteristics or in purpose or
utility from its components.
The origin of Goods and
Services is distinct from the nationality of the
& Standards
The Goods supplied under
this Contract shall conform to the standards mentioned in the
Technical Specifications, and, when no applicable standard is
mentioned, to the authoritative standards appropriate to the Goods,
country of origin. Such standards shall be the latest issued by the
concerned institution.
All measurements shall be
the measuring unit officially published by the government of the
PRC, unless otherwise specified in the Technical
Specif1cations.
Contract Documents and Information
The Supplier shall not,
without the Purchaser’s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan,
drawing, pattern, sample, or information furnished by or on behalf
of the Purchaser in connection therewith, to any person other than
a person employed by the Supplier in the performance of the
Contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far as may be necessary for
purposes of such performance.
The Supplier shall not,
without the Purchaser’s prior written consent, make use of any
document or information enumerated in GCC Clause 5.1except for
purposes of performing the Contract.
Any document, other than the
Contract itself, enumerated in GCC Clause 5.1shall remain the
property of the Purchaser and shall be returned (in all copies) to
the Purchaser on completion of the Supplier’s performance under the
Contract if so required by the Purchaser.
The Supplier shall indemnify
the Purchaser against ail third-party claims of infringement of
patent, trademark, copyright or other intellectual property rights
arising from use of the Goods or any part thereof in the
& Performance
Within thirty (30) days of
receipt of the notif1cation of Contract award, the Supplier shall
furnish to the Purchaser the performance security in the amount
specified SCC.
The proceeds of the
performance security shall be payable to the Purchaser as
compensation for any loss resulting from the Supplier’s failure to
complete its obligations under the Contract.
The performance security
shall be denominated in the currency of the Contract, or in a
acceptable to the Purchaser
and shall be in one of the following forms:
a bank guarantee or an
irrevocable letter of credit issued by:
(i) a reputable bank located
in the PRC acceptable to the Purchaser or, (ii) a reputable bank
abroad acceptable to the Purchaser though a reputable Bank located
in the PRC, in the form provided in the bidding documents or
another form acceptable to the P or
a cashier’s check, certified
check or cash..
The performance security
will be discharged by the Purchaser and returned to the Supplier
not later than thirty (30) days following the date of completion of
the supplier’s performance obligations under the Contract,
including any warrant obligations.
Inspection and test
The Purchaser or its
representative shall have the right to inspect and/or test the
Goods to confirm their conformity to the Contract specifications at
no extra cost to the Purchaser, TCC and the Technical
Specifications shall specify what inspections and tests the
Purchaser requires and where they are to be conducted. The
Purchaser shall notify the Supplier in writing, in a timely manner,
of the identity of any representatives retained for these
The inspections and tests
may be conducted on the premises of the Supplier or its
subcontractor(s),at point of delivery, and/or at the
final destination. If conducted
on the premises of the Supplier or its
subcontractors,all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the
Purchaser.
Should any inspected or
tested Goods fail to conform to the Specifications, the Purchaser
may reject the Goods, and the Supplier shall either replace the
rejected Goods or make alterations necessary to meet specification
requirements free of cost to the Purchaser.
The Purchaser’s right to
inspect, test and, where necessary, reject the Goods after the
Goods’ arrival at the port of destination and/or the site shall in
no way be limited or waived by reason of the Goods having
previously been inspected, tested, and passed by the Purchaser or
its representative prior to the Goods’ shipment from the country of
The supplier shall have the
manufacturer, before making delivery, carry out a precise and
comprehensive inspection of the Goods regarding quality,
specification, performance, quantity and weight and issue a quality
certificate certifying that the Goods are in conformity with the
stipulations in the Contract. The quality certificate shall form an
integral part of the documents to be presented to the negotiating
bank for payment, but shall not be regarded as final with respect
to quality, specification, performance, quantity and weight,
Particulars and results lf the tests made by the manufacturer shall
be shown in a statement to be attached to the quality
certificate.
After arrival of the Goods
at the port of destination and/or the site, the Purchaser
& Quarantine of the People's Republic of
China(SAIQ)(hereinafter called the “Administration”)for inspection
of the Goods with respect to quality, specification, quantity and
weight and a post-delivery inspection certificate shall be issued
thereof. If discrepancies are found by the Administration regarding
specification or quantity or both, the Purchaser shall have the
right to claim against the Supplier within
ninety90calendar days after arrival of the Goods at the
If, during the warranty
period specified in TCC Clause 18 and as a result of inspection by
the Administration or otherwise, it is found that quality or
specifications of the Goods are not in conformity with the Contract
or if the Goods or if the Goods are proven to be defective for any
reason, including latent defects or the use of unsuitable
materials, the Purchaser shall promptly notify the Supplier of the
existence of a claim.
Nothing in TCC Clause 8
shall in any way release the Supplier from any warranty or other
obligations under this Contract
The Supplier shall have the
Contract Goods packed strongly and shall take measure to protect
the Contract Goods from moisture, rain, rust, corrosion and shock,
etc. According to their different shape and special features as to
withstand numerous handling, loading and unloading as well as
long-distance sea and inland transportation and to ensure the safe
arrival of the Goods
at the Contract site without
any damage or corrosion, The Supplier shall be liable for any rust,
damage and loss caused by inadequate or improper packing provided
by the Supplier. For the wood packing materials, Supplier shall
have the package fumigation treated as per the regulations of the
Administration and furnish Fumigation certificate.
Marking for
The Supplier shall mark the
following on the four adjacent sides of each package with indelible
paint in conspicuous English printed words
& CONSIGNEE
EDSTINATION
GOODS AND ITEM NO.,CASE NO.
/kgGROSS/NET WEIGHTKG
MEASUREMENTLENGTHWIDTHHEIGHT IN CM
If any package weighs
two2tons or more, the Supplier shall mark on two sides
of each package in English and with appropriate transportation
marks common in international trade, thecenter of gravityandpoints of slingingin order to facilitate loading, discharging and
handling, According to the characteristics of the Goods and the
different requirements in transportation ,packages shall be marked
legibly by the Supplier with words“Handle with Care”,
Right side Up”,“Keep
Dry”,etc, and with other terms appropriate in international
conditions
11.1 CIF/CIP
In the case of CIF/CIP
The Supplier shall be
responsible for booking shipping space and arranging the
and shall pay for the
freight, so as to ensure that the Goods will be delivered according
the time scheduled
stipulated in the Contract.
The date of the Bill of
Lading/Airway Bill shall be considered as the actual date of
delivery of the Goods.
Unless otherwise agreed,
shipment of the Goods on desk and transshipment of the Goods from
the country of origin of the Goods shall not be
acceptable.
The shipment shall be
carried by vessel belonging to eligible source
countries.
The port of
destination/project site shall be that specified in the
11.2 EXWIn the Case of EX-Works
The Supplier shall arrange
the inland transportation at the Purchaser’s expense.
The date of the receipt
issued by the transportation department concerned shall be regarded
as the date of delivery of the Goods.
11.3 FOB/FCAIn the case of FOB/FCA Contract
The Supplier may book
shipping space and arrange the shipment at the Purchaser’s
The date of Bill of
Lading/Airway Bill shall be considered as the actual date of
delivery of the Goods.
Unless otherwise agreed,
shipment of the Goods on desk and transshipment of the Goods from
the country of origin of the Goods shall not be
acceptable.
The shipment shall be
carried by vessel belonging to eligible source
countries.
The port of
destination/project site shall be that specified in the
The Supplier shall not ship
more than the contracted quantity or weight. If so, the Purchaser
shall not be responsible for any cost or other consequences arising
from shipment of excess quantities or weight.
Shipping Advice
12.1 CIF/CIP
In the Case of CIF/CIP
The Supplier shall,
thirty30calendar days in the case of sea shipment or
seven7days
in the case of air shipment,
before the date of shipment stipulated in the Contract, notify the
Purchaser by cable or telex or fax of Contract No., name of Goods,
quantity, number of packages, total gross weight, total
volumem3in cubic meters and the date of readiness for
shipment at the port of loading, At the same time, the Supplier
shall send to the Purchaser by airmail a detailed list of the Goods
to be delivered in five5copies including Contract No., name of Goods,
specification, quantity, total volumem3and dimension of each package lengthwidthheight,unit and total price, port of shipment and date
of readiness for shipment, and any special requirements or
attention needed for the Goods during transportation and
24m3////20t12m2.7m3m
The Supplier shall, not
later than twenty four24hours after completing of loading of
Goods ,notify the Purchaser
by cable or telex or fax of Contract NO., name of Goods, quantity,
gross weight, volumem3in cubic meters, invoiced value, means of
transports(railway/road/water/air), details of carrying
train/vehicle/vessel/aircraft, date of departure, and estimated
arrival date. If a package weighs more than
twenty20metric tons, and dimensions reach or exceed
twelve12meters in length, two point
seven2.7meters in width and three(3)meters in height, the
Supplier shall advise the Purchaser of the weight and measurement
of each package. The details of flammable and dangerous Goods, if
any, shall also be indicated.
In the Case of EX-Works
//217m35m3
The Supplier shall,
thirty30days in the case of railway/water shipment or
days in the case of air
shipment before the date of delivery stipulated in the Contract,
notify the Purchaser by cable or fax of the Contract NO., name of
Goods, quantity, number of packages, total gross weight, total
volumem3in cubic meters and the date of readiness for
delivery, At the same time, the Supplier shall send to the
Purchaser by registered letter a detailed list lf the Goods to be
delivered in five5copies including Contract No., name of Goods,
specification, quantity, total gross weight, total
volumem3in cubic meters and dimensions of each
packagelengthwidthheight,unit and total prices and the date of readiness
for delivery and any special requirements or attention needed for
the Goods during transportation and storage.
24m320t12m2.7m3m
The Supplier shall, no later
than twenty four24hours after completion of loading of the Goods,
notify the Purchaser by cable or telex or fax of Contract No., name
of Goods, quantity, gross weight, volumem3in cubic meters, invoiced value, means of
transports railway/road/water/air,details of carrying train/vehicle/vessel/aircraft
and date of its departure. If a package weighs more than
twenty20metric tons, and dimensions reach or exceed
twelve12meters in length, two point
seven2.7meters in width and three3meters in height, the Supplier shall advise the
Purchaser of the weight and measurement of each package. The
details of flammable and dangerous Goods, if any, shall also be
indicated.
Under the terms of EXW, if
the Purchaser fails arrange for insurance coverage in time for the
reason that the Supplier delay to inform the Purchaser the said
content in form of telex or fax, , all losses thus incurred shall
be born by the Supplier.
FOB/FCAIn the FOB/FCA contract:
The Supplier shall,
thirty30calendar days in the case of sea shipment or
seven7days
in the case of air shipment,
before the date of shipment stipulated in the Contract, notify the
Purchaser by cable or telex or fax of Contract No., name of Goods,
quantity, number of packages, total gross weight, total
volumem3in cubic meters and the date of readiness for
shipment at the port of loading, At the same time, the Supplier
shall send to the Purchaser by airmail a detailed list of the Goods
to be delivered in five5copies including Contract No., name of Goods,
specification, quantity, total volumem3and dimension of each package lengthwidthheight,unit and total price, port of shipment and date
of readiness for shipment, and any special requirements or
attention needed for the Goods during transportation and
24m320t12m2.7m3m
The Supplier shall, no later
than twenty four24hours after completion of loading of the Goods,
notify the Purchaser by cable or telex or fax of Contract No., name
of Goods, quantity, gross weight, volumem3in cubic meters, invoiced value, means of
transports railway/road/water/air,details of carrying train/vehicle/vessel/aircraft
and date of its departure. If a package weighs more than
twenty20metric tons, and dimensions reach or exceed
twelve12meters in length, two point
seven2.7meters in width and three3meters in height, the Supplier shall advise the
Purchaser of the weight and measurement of each package. The
details of flammable and dangerous Goods, if any, shall also be
indicated.
Under the terms of FOB/FCA,
if the Purchaser fails arrange for insurance coverage in time for
the reason that the Supplier delay to inform the Purchaser the said
content in form of telex or fax, , all losses thus incurred shall
be born by the Supplier.
& Delivery and
13.1 /9101112
Delivery of the Goods shall
be made by the Supplier in accordance with the terms specified
the Schedule of
Requirements. The details of shipping and/or other documents to be
by the Supplier are
specified by Clause 9, 10, 11, and 12 in TCC.
13.2 EXWFOBFCACIFCIPIncoterms
For purposes of Contract,
“EXW”, “FOB”, “FCA”, “CIF”, “CIP”, and other trade terms
to describe the obligations
of the parties shall have the meanings assigned to them by the
current edition of Incoterms published by the International Chamber
of Commerce, Paris.
Upon shipment, the Supplier
shall notify the Purchaser and the Insurance Company by fax
the full details of
shipment, including Contract number, date and No. of Bill of
Lading, description of Goods, quantityname of the carrying vessel, date of shipment,
name of shipping port, name of unloading port, estimated date of
arrival of the vessel at port of destination, etc, For the purpose
of contract payment, the Supplier shall present through Supplier’s
bank(when applicable)the relevant “Payment-Documents” to the
Purchaser in accordance with the requirements stipulated in Clause
20 hereunder.
& Insurance
The Goods supplied under the
Contract shall be fully insured in a freely convertible
against loss or damage
incidental to manufacture or acquisition, transportation, storage,
and delivery in the manner specified in this Clause.
14.2 CIF/CIP110%FOB/FCA
Where delivery of the Goods
is required by the Purchaser on CIF or CIP basis, the Supplier
shall arrange and pay for cargo insurance, naming the Purchaser as
the beneficiary. Insurance is to be effected by the Supplier in a
freely convertible currency for one hundred and ten percent
110%invoiced value on an all
basis. Where delivery is on an
FOB or FCA basis, insurance shall be the responsibility of the
Purchaser.
In the case of an Ex-works
Contractinsurance is to be effected by the Purchaser after
In the case of CIF/CIP
Transportation
15.1 FOBFCA
Where the Supplier is
required under the Contract to deliver the Goods FOB, transport of
the Goods, up to and including the point of putting the Goods on
board the vessel at the specified port of loading, shall be
arranged and paid for by the Supplier, and the cost thereof shall
be included in the Contract Price, Where the Supplier is required
under the Contract to deliver the Goods FCA, transport of the Goods
and delivery into the custody of the carrier at the place named by
the Purchaser or other agreed point shall be arranged and paid for
by the Supplier, and the cost thereof shall be included in the
Contract Price.
15.2 CIF/CIP
Where the Supplier is
required under the Contract to deliver the Goods CIF or
CIFtransport
of the Goods to the port of
destination or such other named place of
destinationas shall be specified in the Contract, shall be
arranged and paid for by the Supplier, and the cost thereof shall
be included in the Contract Price.
15.3 CIF/CIPFOB/FCA
Where the Supplier is
required under the Contract to deliver the Goods CIF or CIP, the
selected carrier shall have the prior of the Purchaser. Where the
Supplier is required under the Contract (a) to deliver the Goods
FOB or FCA. and(b)to arrange on behalf and the expense of the
Purchaser for international transportation on specified carriers or
on national flag carriers of the PRC, the Supplier may arrange for
such transportation on alternative carriers if the specified
carriers or with the PRC national flag carriers are not available
to transport the Goods within the period(s) specified in the
& Incidental
The Supplier may be required
to provide any or all of the following servicesincluding additional servicesif any, specified in SCC and/or Technical
Specifications:
performance or supervision
of on-site assembly and/or start-up of the supplied
furnishing of tools required
for assembly and/or maintenance of the supplies G
furnishing of a detailed
operations and maintenance manual for each appropriate unit of the
supplied G
performance or supervision
or maintenance and/or repair of the supplied Goods, for a period of
time agreed by the parties, provided that this service shall not
relieve the Supplier of any warranty obligations under this
training of the Purchaser’s
personnel, at the Supplier’s plant and/or on-site, in
start-up, operation,
maintenance, and/or repair of the supplied Goods.
Prices charged by the
Supplier for incidental services, if not included in the Contract
Price for the Goods, shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged for other parties
by the Supplier for similar services.
The Supplier shall provide
all the services as specified in SCC/Technical Specifications. The
price quoted in the bid or agreed upon by the Parties for
performing the required incidental services shall be included in
the Contract Price.
As specified in TCC, the
Supplier may be required to provide any or all of the following
materials, notifications, and information pertaining to spare parts
manufactured or distributed by the Supplier:
such spare parts the
Purchaser may select to purchase from the Supplier, provided that
selection shall not relieve
the Supplier of any warranty obligations under the C
advance notification to the
Purchaser of the pending termination, in sufficient time to permit
the Purchaser to procure needed requirements, in the event of
termination of productio and
furnishing at no cost to the
Purchaser, the blueprints, drawings, and specifications of the
spare parts , if requested, following the termination of the spare
The Supplier shall provide
necessary spare parts as specified in SCC and Technical&
Specifications.
The Supplier warrants that
the Goods supplied under the Contract are new, unused, of the most
recent or current models, and that they incorporate all recent
improvements in design and materials unless provided otherwise in
the Contract, The Supplier further warrants that all Goods supplied
under this Contract shall have no defect, arising from design,
materials, or workmanshipexcept when the design and/or material is required
by the Purchasers, specificationsor from any act or omission of the Supplier, that
may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final
destination.
This warranty shall remain
valid for number of months as specified in SCC after the date
acceptance of the goods for this Contract, or number of months as
specified in SCC after the& data of arrival of
the last shipment of the goods at the port of destination,
whichever occurs earlier.
The Purchaser shall promptly
notify the Supplier in writing of any claims arising under this
Upon receipt of such notice,
the Supplier shall, within the period specified in SCC and with all
reasonable speed, repair or replace the defective Goods or parts
thereof, without costs to the Purchaser.
If the Supplier, having been
notified, fails to remedy the defect(s) within the period
specified,
the Purchaser may proceed to
take such remedial action as may be necessary, at the
Supplier’s
risk and expense and without
prejudice to any other rights which the Purchaser may have against
the Supplier under the Contract.
In case the Supplier is
liable for the discrepancies and a claim is lodged by the Purchaser
within the time limit of inspection, erection, commissioning,
acceptance test and the warranty period as stipulated in TCC Clause
18 or elsewhere in the Contract, the Supplier shall settle the
claim with the agreement of the Purchaser in one or a combination
of the following ways:
Agree to the rejection of
the Goods and refund to the Purchaser the value of the Goods so
rejected in the same currency as specified in the same currency as
specified in the Contract and to bear the losses and expenses
incurred including interest, accrued banking charges, freight and
insurance premiums, inspection charges, storage, stevedore charges
and other necessary expenses required for the custody and
protection of the rejected Goods.
Devalue the Goods according
to the degree of inferiority, extent of damage and amount of losses
suffered by the Purchaser, as agreed between the Purchaser and the
Replace the defective Goods
with new parts, components and/or equipment which conform to the
specifications, quality and performance as specified in the
Contract, and/or repair the defective Goods at the Supplier’s
expenses and risks and bear all directly related expenses sustained
by the Purchaser, The Supplier shall at the same time guarantee the
quality of the replaced Goods for a further corresponding period
according to TCC Clause 18.
Incase the Supplier fails to
reply within thirty (30) calendar days after notification of the
Purchaser’s claim, the above mentioned claims shall be regarded as
being accepted by the Supplier. If the Supplier fails to resolve
the claim in any of the ways described above as agreed with the
Purchaser within thirty (30) days after notification of the
claim(s) by the Purchaser or longer period of time agreed upon by
the Purchaser, the Purchaser will proceed to recover the claim
amount from the payment under negotiation or from the performance
security established by the Supplier.
The method and conditions of
payment to be made to the Supplier under this Contract shall
specified in SCC.
Prices charged by the
Supplier for Goods delivered and incidental Services performed
under the Contract are shown in Contract Form.
The Purchaser may at any
time, by a written order given to the Supplier pursuant to TCC
Clause 35, make changes within the general scope of the Contract in
any one or more of the following:
Drawings, designs, or
specifications, where Goods to be furnished under the Contract are
to be specifically manufactured for the P
2& The method of
3& The place of
4& The Services
to be provided by the Supplier.
If any such change causes an
increase or decrease in the cost of , or the time required for, the
Supplier’s performance of any provisions under the Contract, an
equitable adjustment shall be
made in the Contract Price
or delivery schedule, or both, and the Contract shall accordingly
amended. Any claims by the
Supplier for adjustment under this clause must be asserted
thirty(30)days from the date
of the Supplier’s receipt of the Purchaser’s change
& Contract
Amendments
Subject to TCC Clause 22, no
variation in or modification of the terms of the Contract shall
made except by written
amendment signed by the parties.
Assignment
The Supplier shall not
assign, in whole or in part, its obligations to perform under this
Contract, except with the Purchaser’s prior written
Subcontracts
The Supplier shall notify
the Purchaser in writing of all subcontracts awarded under this
Contract. Such notification shall not relieve the Supplier from any
liability or obligation under the Contract.
Subcontracts must comply
with the provisions of TCC Clause 3.
& Delays in
Suppliers Performance
Delivery of the Goods and
performance of Services shall be made by the Supplier in accordance
with the time schedule prescribed by the Purchaser in the Schedule
of Requirements.
If at any time during
performance of the Contract, the Supplier or its subcontractor(s)
should encounter conditions impeding timely delivery of the Foods
and performance of Services, the Supplier shall promptly notify the
Purchaser in writing of the fact of the delay, its likely duration
and its cause(s). As soon as practicable after receipt of the
Supplier’s notice, the Purchaser shall evaluate the situation and
may at its discretion extend the supplier’s time for performance,
with or without liquidated damages, in which case the extension
shall be ratified
by the parties by amendment
of the Contract.
26.3 2926.227
Except as provided under TCC
Clause 29, a delay by the Supplier in the performance of its
delivery obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to TCC Clause 27, unless
the extension of time is agreed upon pursuant to TCC Clause
& Liquidated
27.1 290.5%5%28
Subject to TCC Clause 29, if
the Supplier fails to deliver any or all of the Goods or to
the Services within the
period(s) specified in the Contract, the Purchaser shall, without
prejudice to its other remedies under the Contract, deduct from the
Contract Price, as liquidated damages, a sum equivalent to zero
point five percent (0.5%) of the delivered price of the delayed
Goods or unperformed Services for each week or part thereof of
delay until actual delivery or performance, up to a maximum
deduction of five percent (5%) of Contract Price. Once the maximum
is reached, the Purchaser may consider termination of the Contract
pursuant to TCC Clause 28.
& Termination for
The Purchaser, without
prejudice to any other remedy for breach of Contract, by written
notice of default sent to the Supplier, may terminate this Contract
in whole or in part:
if the Supplier fails to
deliver any or all of the Goods, within the period(s) specified in
the Contract or within any extension thereof granted by the
Purchaser pursuant to TCC Clause 26; or
if the Supplier fails to
perform any other obligation(s) under the Contract.
if the Supplier, in the
judgement of the Purchaser has engaged in corrupt or fraudulent
practices in competing for or in executing the contract. For the
purpose of this clause:
corrupt practices
”means the offering, giving, receiving or soliciting of any thing
of value to influence the action of the Purchaser in the
procurement process or in contract execution.
fraudulent
practices”means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the
detriment of the purchaser.
In the event the Purchaser
terminates the Contract in whole or in part, pursuant to TCC Clause
28.1, the Purchaser may procure, upon such terms and in such manner
as it deems appropriate, Goods or Services similar to those
undelivered, and the Supplier shall be liable to the Purchaser for
any excess costs for such similar Goods or Services. However, the
Supplier shall continue performance of the Contract to the extent
not terminated.
If either of the parties to
the Contract be prevented form executing the Contract by such cases
of Force Majeure as war, serious fire, flood, typhoon and
earthquake and other cases agreed upon by both parties as cases of
Force Majeure, the time for execution of the contract shall be
extended by a period equal to the effect of those causes. An event
of Force Majeure means the event that the parties could not foresee
at the time of conclusion of the Contract and its occurrence and
consequences can not be avoided and cannot be overcome.
The prevented party shall
notify the other party by cable/fax/telex within the shortest
possible time of the occurrence of the Force Majeure event and
within fourteen (14) days thereafter send by special courier or
registered airmail to the other party, a certificate for evidence
issued by the relevant authorities for confirmation. Should the
effect of Force Majeure continue for mare than one hundred and
twenty (120) consecutive days, both parties shall settle the
further execution of the Contract through friendly negotiation and
reach an agreement with a reasonable time.
Cancellation for
Insolvency
The Purchaser may at any
time terminate the Contract by giving written notice to the
if the Supplier becomes
bankrupt or otherwise insolvent. In this event, termination will be
without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or
remedy which has accrued or will accrue thereafter to the
Purchaser.
& Termination for
Convenience
The Purchaser may at any
time terminate the Contract by giving written notice to the
Supplier if the Supplier becomes bankrupt or otherwise insolvent.
In this event, termination will be without compensation to the
Supplier, provided that such termination will not prejudice or
affect any right of action or remedy, which has accrued or will
accrue thereafter to the Purchaser.
The Goods that are complete
and ready for shipment within thirty (30) days after the Supplier’s
receipt of termination shall be accepted by the Purchaser at the
Contract terms and prices. For the remaining Goods. The Purchaser
may select:
to have any portion
completed and delivered at the Cont
to cancel the remainder and
pay to the Supplier an agreed amount for partially completed Goods
and Services and for materials and parts previously procured by the
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