Vehicle tender

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GOAL IRELAND – NORTH SUDAN PROGRAMME REQUEST FOR OFFER REFERENCE NUMBER: KHT-P-104 CONTENTS OF THIS RFO 1. Timetable 2. About GOAL 3. Instructions to Bidders 4. Submission of RFO 5. Selection Criteria 6. Information Required 7. Payment Terms 8. Conditions of RFO 9. Bidders Signature 10. Supplies Required Page 1 of 11 1. TIMETABLE: Issue of RFO: Deadline for Reply: Evaluation of Offers: Issue of Contract (estimated): 23rd October 2009 6th November 2009 at 17:00 GMT 13th November 2009 16th November 2009 2. ABOUT GOAL: GOAL is an international humanitarian agency dedicated to the alleviation of the suffering of the poorest of the poor. It was founded by its current Chief Executive, John O'Shea in 1977 GOAL's Mission Statement: To work towards ensuring that the poorest of the poor and most vulnerable in our world and those affected by humanitarian crises have access to the fundamental needs and rights of life, for example, food, water, shelter, medical attention and literacy. It is nondenominational, non-governmental and non-political. GOAL has responded to nearly every major natural and man-made disaster in the past 30 years and is currently operational in 10 countries in the developing world. It also implements rehabilitation and long-term development programmes and works with local partner organizations that have similar objectives. While GOAL’s priority is to bring life-saving assistance to people affected by emergencies, through the provision of food, healthcare and other basic requirements, it also priorities programmes which care for street children and people affected by HIV/AIDS. 3. INSTRUCTION TO BIDDERS By submitting your Offer, the Bidder accepts in full the conditions of this RFO, waiving his own conditions of sale. Please read carefully all instructions and conditions. Please ensure that all relevant information and documentation is provided on time as failure to do so may result in rejection of your bid. 4. SUBMISSION OF OFFERS Please send your offer under sealed envelope to GOAL office in Nairobi GOAL Kenya Logistics Department – Mr. E. Halilov Nyangumi Road Kilimani Nairobi (Postal Address PO Box 66242-00800) Phone +254 202724686 OR alternatively email to tenders@goal.ie Please mark on the envelope or put in the subject line: KHT-P-104 - Not to be opened before 06/11/2009 17.00 GMT The Offer must arrive to the above email address or postal address before the Deadline for Reply (See above): Tenders that arrive later than the Deadline for Reply will be automatically be excluded. All responses will be opened by the GOAL Tender Committee and all Bidders will be notified of the results. After the Deadline for Reply has passed, GOAL may request you to send a signed hard copy for the procurement file. 5. SELECTION CRITERIA: Page 2 of 11 When analyzing the Offers, GOAL will take into account the following criteria:  Specification of Items  Pricing per a vehicle EX Khartoum or FOB/CIF Khartoum. Selection of Vendor will be based on a per line cost basis (including the per line cost basis of the vehicle accessories)  Delivery cost per a vehicle and for all 2 vehicles  Lead and Delivery Times  Warranty, Servicing, Technical Support Information  Supplier Information 6. INFORMATION REQUIRED As part of this Tender 2 vehicles are required in total with the following breakdown: - Two Land Cruiser Toyota Hardtop for GOAL North Sudan Programme with delivery of CIF/CIP/FOB Khartoum, or Ex Khartoum North Sudan All Sections below must be completed and included in the Offer. Year of Manufacture of a vehicle Exact Model and Modification of vehicle. Please, note that as many as better details on specific modification of the vehicle should be provided Origin of a vehicle Source of a Vehicle (EX, FOB/CIF/CIP xxx country) A. SUPPLIER INFORMATION All Suppliers to GOAL need to be registered with GOAL. If you haven’t already registered with GOAL Ireland or GOAL North Sudan, please complete and submit a GOAL Vendor Registration form to ekhalilov@goalireland.com with or in advance of your Bid. Vendor Registration Forms can be requested from ekhalilov@goalireland.com Any clarifications on the current tender and any other technical questions and clarifications should be communicated to and can be obtained from Ernest Halilov available at the email address of ekhalilov@goalireland.com In addition to the information requested in the Vendor Registration Form, please also provide 1. VAT Registration Certificate 2. Current Trading License 3. Trade License for Toyota Vehicles (stating status as official Toyota distributor) 4. Details of the Pre-Delivery Inspection available B. SPECIFICATION OF ITEMS 1. Please give a full specification of the products being offered (see section on Supplies Required for further information) 2. Please confirm suitability of Vehicles for off-road conditions in North Sudan (three Toyota Land Cruiser Hardtop Vehicles and Tractor with trailer) 3. Provide Certificate of Origin for Vehicles C. PRICING: 1. Prices must be expressed in US Dollars. 2. Separate prices must be provided in the Offer as follows: o Ex - works prices o Pre-Delivery Inspection Cost o Delivery costs o Insurance Cost (See the relevant INCOTERMS below) o VAT and any customs duties o Any other associated costs Page 3 of 11 3. Any discount offered to GOAL must be clearly indicated as a percentage of the overall cost. D. INCOTERMS: 1. Supplier should quote for the following INCOTERMS (2000): - CIP/CIF/FOB Khartoum, North Sudan (for a Hardtop Land Cruisers x 2). Please, refer to the following sequence number for this line item KHT-P-104 E. LEAD AND DELIVERY DETAILS 1. A delivery schedule will be negotiated with the successful supplier, with details of lead and delivery times. 2. On arrival the supplies should be free from damage. The supplier shall be liable for all losses due to insufficient of unsuitable packing and delivery arrangements, and shall be liable for the cost of returning any unacceptable supplies. 3. The supplies must be free from objectionable matter and any substances that would represent a hazard to health. 4. Analysis of offers from Vendors will also be based considerably on the cost of delivery of vehicles to each of the relevant destinations (Khartoum/Port Sudan), availability of vehicles ex stock, availability of vehicles in a location(s) most suitable, practical, quickest and cheapest to deliver the vehicles from to the required destination(s). 5. Relevance, practicality and cost of customs clearance encountered by GOAL for the delivered vehicles. The latter will depend on the source of a vehicle(s) F. WARRANTY, SERVICING, TECHNICAL SUPPORT Please give details of any Warranty/ Guarantees that apply. 1. Schedule of Warranty provided (e.g. 1 Yr/20,000 kms, 2 Yr/50,000 kms) 2. Details of any In-country or Regional Offices recommended by the Bidder for Servicing/Maintenance. 3. Where the Bidder proposes that Servicing and Maintenance will take place in--country e.g. local Toyota dealer, arrangement with local garage etc. G. SIGNED COPY OF THIS DOCUMENT Please print off and sign a copy of this document (see section 9) to indicate that you have read and understood the contents. 7. PAYMENT TERMS 1. Payment will be made to the vendor by cheque or bank transfer within 30 days from receipt by GOAL of all goods mentioned in the contract according to the agreed schedule. 2. There will be liquidated damages equivalent to a deduction of 0.1% per day or part thereof for late deliveries due to default on the part of the vendors. This includes instances where the goods are rejected due to bad quality and should be replaced, exceeding the agreed delivery time. 8. CONDITIONS OF RFO 1. This purchase is subject to Special Donor Procurement Procedures of CHF who sponsored this purchase, therefore throughout this tender purchase the Vendor is requested to abide by all relevant Terms and Conditions, as well as GOAL will carry out this procurement in correspondence with GOAL own Rules and Regulations and procurement procedures. The Annex 1 in this RFO GOAL Standard Procurement Terms and Conditions Page 4 of 11 2. GOAL reserves the right to deal with any Offer of its choice or any or all parts of the Offer and to purchase items from various Offers. GOAL is not bound to accept the lowest Offer or any Offer. 3. This request for Offer is not a contract or an Offer into a contract, but is a request for a quotation for the product indicated in this document. 4. GOAL does not undertake to pay by letter of credit or in advance of delivery. 5. Respondents are bound by their Offer for a period of 30 days as from the closing date of bids. 6. GOAL is in no way responsible for any costs associated with preparing the RFO response. 7. GOAL reserves the right to alter the dates of the timetable. 8. Canvassing of GOAL staff in North Sudan or elsewhere in relation to this RFO will result in disqualification of that individual or company. 9. Opening of Offers is not open to the public. GOAL will inform each respondent to the results of the decision on their Offer. GOAL is not obliged to justify or explain selection to any respondent. 10. Ethical Purchasing Considerations. GOAL supports the ethical procurement policy developed by Oxfam, which commits GOAL to strive to purchase goods and services that are produced and developed under conditions that do not involve the abuse or exploitation of any persons and have the least negative impact on the environment This policy statement is supported by a Code of Conduct that details core labour standards, based on the conventions of the International Labour Organization: Employment is freely chosen, freedom of association and the right to collective bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed. If you submit an Offer based on this request, it shall constitute a guarantee that neither your company nor any affiliate or a subsidiary controlled by your company is in breach of this code 11. GOAL does not do business with companies that meet any of the following criteria:  They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;  They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata;  They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify;  They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;  They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity;  Following another procurement procedure or grant award procedure, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. If you submit an Offer based on this request, it shall constitute a guarantee that neither your company nor any affiliate or a subsidiary controlled by your company is in breach of any of the above provisions. A contract clause confirming this will be included in an eventual contract based on this request. In addition to the ineligibility criteria applied by GOAL, negotiation with potential vendors may be severed at any stage during a procurement process if it is found that they are subject to a conflict of interest or are guilty of misrepresentation in supplying the information required by GOAL as a condition of participation in the contract procedure, or fail to supply all of the information requested. 12. Any queries about this RFO should be addressed in writing to the GOAL Senior Logistician via email on ekhalilov@goalireland.com. All questions asked by potential tenders and all responses from GOAL are available on request from GOAL. 13. Any contract that results from this tender will be subject to GOAL Ireland’s standard Terms and Conditions and GOAL North Sudan Procurement Chart. A copy of GOAL Ireland standard Terms and Conditions are provided in Annex 1 of this RFO Page 5 of 11 9. BIDDER’S SIGNATURE. I have read and understood this document Signed……………………………………… Name: Position: Organisation Date…………………………… Page 6 of 11 10. SUPPLIES REQUIRED. Section 10 Vehicles required for GOAL North Sudan Programme Two (2) Units - Toyota Land Cruisers with the specifications below Toyota Land Cruiser Hardtop, 13 Seater - 4x4 LHD, Model: HZJ78L-RJMRS, General Specifications (For use in extreme climatic and physical conditions) 1HZ - 4164cc, Diesel (Tank 90l), 6 cylinders, Diesel, BHP: 129, KW: 96. Heavy Duty Cooling (Water), electrics 12 Volts. Transmission: 5 speed, Dual Range Brakes: Front: Disc, Rear: Drum Tyres: Radial. Front: 7.50R16-8 Rear: 7.50R16-8. Steel rims. Suspension: Heavy duty. Front: Coil, Rear: Leaf Seats: 13 Seater. Front: 1+2 Bench, Rear: 2x5 Bench, Parallel. Material: Vinyl No of Doors: 3 Wheelbase: LWB 2980 mm, Ground clearance: 235 mm Weight: Kerb Weight: 2060kgs, Gross Vehicle Weight: 3200Kg, Payload: 1140Kg. Dimensions: Length: 5060mm, Width: 1710mm, Height: 2115mm, Volume 18.3m3, all excluding accessories. Colour: White Country of Origin: preferably as per the section on origin of goods in Section 8 “Conditions of RFO” Standard Features: Cyclone type air cleaner with snorkel - 80 amp alternator (12v) - Full-floating rear axle - 70 amp-hour battery (12v) - Brake control valve (Load Sensing Pressure Valve) - Engine oil cooler integral - Double fuel filter - Fuel sedimenter with fuel filter - 90 litre extra fuel tank - High altitude compensator - Power steering - Transfer box protection - Front ashtray - Assist grips x 3 - Cigarette Lighter - Vinyl floor covering - Footrest - Water temperature gauge - Sub fuel gauge - Fuel gauge - Glove box - Front headrests x 2 - Front heater - Front and rear interior lights Interior rear view mirror (day and night) - Odometer (digital) - Pre-wiring for audio with 2 speakers and antenna - Front seat belts x 3 (2 x 3 point & 1 x 2 point) - Rear seat belts x 8 Speedometer km/h - Steering wheel lock - Steering column tilt and collapsible - Sun visors x 2 One touch 2-4WD selector - Trip Meter - Fuel level warning light - Timing belt replacement warning light - Parking brake warning light - Brake fluid level warning - Air cleaner warning - Oil pressure warning light - Door ajar warning - Owners manual in English - Body rust protection Tool kit and Jack - Touch-up paint - Tubed tyres - Rear step bumper - Front bumper - Swing-out type back door - Lockable fuel lid - Semi-sealed halogen headlamps - Manual free wheel hubs Exterior rear view mirrors - Front mudguards - Side steps - Lockable spare wheel mounted on back door - Front and rear stabilizer bars - Front and rear towing eye - Sliding rear quarter windows x 4 - High/Low 2-speed windshield wipers (inc. mist) Accessories (SELECT THOSE THAT APPLY): 1. Codan HF mobile radio, NGT VR with 9350 antenna, 20 Channels (mounted) 2. Fire Extinguisher 3. Safety Kit (First aid kit, Tow rope, Life saver, reflective vest) 4. Vehicle Tool kit 5. Roof rack 6. 2nd Spare Wheel (mounted on roof rack.) 7. Bull bar (mounted front and back) 8. Winch (Electric) 9. Hi-Lift Jack plus Hi-Lift Jack points Engine Model: Page 7 of 11 Annex 1 GOAL Terms and Conditions TERMS AND CONDITIONS FOR SUPPLY, SERVICE AND WORKS CONTRACTS (TEMPLATE) I. LEGAL STATUS The Vendor shall be considered as having the legal status of an independent contractor vis-à-vis GOAL. The Vendor, its personnel and sub-contractors shall not be considered in any respect as being the employees of GOAL. The Vendor shall be fully responsible for all work and services performed by its employees, and for all acts and omissions of such employees. II. SUB-CONTRACTING In the event the Vendor requires the services of a sub-contractor, the Vendor shall obtain the prior written approval of GOAL for all sub-contractors. The Vendor shall be fully responsible for all work and services performed by its sub-contractors and vendors, and for all acts and omissions of such sub-contractors and vendors. The approval of GOAL of a sub-contractor shall not relieve the Vendor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform with the provisions of this Contract. III. OBLIGATIONS The Vendor shall neither seek nor accept instructions from any authority external to GOAL. Vendors may not communicate at any time to any other person, government or authority external to GOAL any information known to them by reason of their association with GOAL which has not been made public, except in the course of their duties or by authorisation of the GOAL: nor shall Vendors at any time use such information to private advantage. These obligations do not lapse upon termination/expiration of their agreement with GOAL. IV. ACCEPTANCE AND ACKNOWLEDGEMENT Initiation of performance under this contract by the vendor shall constitute acceptance of the contract, including all terms and conditions herein contained or otherwise incorporated by reference. V. WARRANTY The Vendor warrants the goods furnished under this Contract to conform to the specifications and to be free from damage and defects in workmanship or materials. This warranty is without prejudice to any further guarantees that the Vendor provides to purchasers. Such guarantees shall apply to the goods subject to this Contract. VI. INSPECTION The duly accredited representatives of GOAL shall have the right to inspect the goods called for under this Contract at Vendor’s stores, during manufacture, in the ports or places of shipment, and the Vendor sby representatives of GOAL or any waiver thereof shall not prejudice the implementation of the other relevant provisions of this Contract concerning obligations subscribed by the Vendor, such as warranty or specifications. VII. EXPORT LICENCE The Contract is subject to the obtaining of any export licence or other governmental authorisation that may be required. It shall be the responsibility of the Vendor to obtain such licence or authorisation. GOAL may, at its discretion, use its best endeavours to assist. VIII. OFFICIALS NOT TO BENEFIT The Vendor represents and warrants that no official of GOAL has been, or shall be, offered by the Vendor any direct or indirect benefit arising from this Contract or the award thereof. The Vendor agrees that breach of this provision is breach of an essential term of this Contract. IX. FORCE MAJEURE Force Majeure shall mean Acts of God, laws or regulations, industrial disturbances, acts of the public enemy, civil disturbances, explosions and any other similar cause of equivalent force not caused by, nor within the control of, either party and which neither party is able to overcome. As soon as possible after the occurrence of the Force Majeure, and within not more than fifteen (15) days, the Vendor shall give notice and full particulars in writing to GOAL of such Force Majeure. If the Vendor is thereby unable, wholly or in part to perform his obligations and meet his responsibilities under this Contract, GOAL shall then have the right to cancel the Contract by giving, in writing, seven (7) days notice of termination to the Vendor. Page 8 of 11 X. DEFAULT In case of default by the Vendor, including, but not limited to, failure or refusal to make deliveries within the limit specified, GOAL may procure the goods or services from other sources, and hold the Vendor responsible for any excess cost occasioned thereby. Furthermore, GOAL may, by written notice, terminate the right of the Vendor to proceed with deliveries or such part or parts thereof as to which there has been default. XI. REJECTION In the case of goods or services purchased based on specifications or scope of works, GOAL shall have the right to reject the goods or services or any part thereof if they do not conform to specifications or the scope of works. XII. AMENDMENTS No change in or modification of this Contract shall be made except by prior agreement between the Responsible Buyer in GOAL in Ireland and the Vendor. XII. ASSIGNMENTS The Vendor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Vendor’s rights, claims or obligations under this Contract except with the prior written consent of GOAL. XIV. INDEMNIFICATION The Vendor agrees to indemnify, hold and save GOAL harmless and defend at its own expense GOAL, its officers, agents and employees from and against all suits, claims, demands and liability of whatever nature or kind, including costs and expenses thereof and liability arising there from, with respect to, arising from or attributable to acts or omissions of the Vendor or its employees or sub-contractors in or relating to the performance of this Contract. This provision shall extend to, but shall not be limited to, claims and liability in the nature of product liability claims. GOAL will promptly notify the Vendor of any such suit, claim, proceeding, demand or liability within a reasonable period of time after having received written notice thereof, and will reasonably co-operate with the Vendor, at the Vendor’s expense, in the investigation, defence or settlement thereof, subject to the privileges and immunities of GOAL. The Vendor shall not permit any lien, attachment or other encumbrance by any person or entity to remain on file in any public or official office or on file with GOAL against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Vendor. XV. DISPUTES - ARBITRATION Any claim or controversy arising out of or relating to this or any contract resulting herefrom, or to the breach, termination or invalidity thereof, shall be, unless settled amicably through negotiation, submitted to arbitration in accordance with Irish law. XVI. USE OF NAME, EMBLEM OR OFFICIAL SEAL Unless authorised in writing by GOAL, the Vendor shall not advertise or otherwise make public the fact that he is a Vendor to GOAL or use the name, emblem or official seal of GOAL or any abbreviation of the name of GOAL for advertising purposes or for any other purposes. XVII. LIQUIDATED DAMAGES Late delivery, or dispatch outside the agreed shipping schedule, shall be subject, without notice, to an assessment of liquidated damages equivalent to 1 percent of the Contract value per day or part thereof. The assessment will not exceed 10 percent of the contract value. GOAL has the right to deduct this amount from the Vendor’s outstanding invoices, if any. This remedy is without prejudice to any others that may be available to GOAL, including cancellation, for the Vendor’s non-performance, breach or violation of any term or condition of the Contract. Acceptance of goods delivered late shall not be deemed a waiver of GOAL’s rights to hold the Vendor liable for any loss and/or damage resulted therefrom, nor shall it act as a modification of the vendor’s obligation to make future deliveries in accordance with the delivery schedule. XVIII. CORRUPTION MITIGATION There are no costs payable to GOAL by the vendor in association with the execution of this contract. If the vendor is approached by a GOAL member of staff for a payment, commission, ‘kickback’ or associated payment, they are obliged to report the request directly to GOAL’s Country Director within thirty-six hours. Failure to report any request for payment by a GOAL member of staff or actual payment by the vendor to a GOAL member of staff to the GOAL Country Director shall result in the immediate termination of any contract and may result in disqualification of the vendor from participation in future contracts with GOAL. Page 9 of 11 XIX ANTI-PERSONNEL MINES The Vendor guarantees that it is not engaged in the sale or manufacture, either directly or indirectly, of antipersonnel mines or any components produced primarily for the operation thereof. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Vendor, at no cost to GOAL. XX. ETHICAL PROCUREMENT The Vendor represents and warrants that neither it, nor any of its vendors is engaged in any practice inconsistent with the following code of conduct for vendors: Employment is freely chosen, freedom of association and the right to collective bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Vendor, at no cost to GOAL. XXI. VENDOR INELIGIBILITY Candidates that fall into any of the following categories are ineligible to participate in GOAL procurement processes: (a) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata; (c) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify; (d) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity; (f) Following another procurement procedure or grant award procedure, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations; XXII. VENDOR EXCLUSION Negotiation with vendors or potential vendors may be severed at any stage during a procurement process if it is found that they meet either of the following exclusion criteria: (a) Are subject to a conflict of interest; (b) Are guilty of misrepresentation in supplying the information required by GOAL as a condition of participation in the contract procedure, or fail to supply all of the information requested. XXIII. PRIOR NEGOTIATIONS SUPERSEDED BY CONTRACT This Contract supersedes all communications, representations, arrangements, negotiations, requests for proposals and proposals related to the subject matter of this Contract. XXIV. INTELLECTUAL PROPERTY INFRINGEMENT The Vendor warrants that the use or supply by GOAL of the goods sold under this Contract does not infringe on any patent, design, trade-name or trade-mark. In addition, the Vendor shall, pursuant to this warranty, indemnify, defend and hold GOAL harmless from any actions or claims brought against GOAL pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Contract. XXV. TITLE RIGHTS GOAL shall be entitled to all property rights including but not limited to patents, copyrights and trademarks, with regard to material which bears a direct relation to, or is made in consequence of, the services provided to the organisation by the Vendor. At the request of GOAL, the Vendor shall take all necessary steps, execute all necessary documents and generally assist in securing such property rights transferring them to the organisation in compliance with the requirements of the applicable law. Title to any equipment and supplies which may be furnished by GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Vendor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Vendor, subject to normal wear and tear. XXVI. PACKING The Vendor shall pack the goods with new, sound materials and with every care, in accordance with the normal commercial standards of export packing for the type of goods specified herein. Such packing materials used must be adequate to safeguard the goods while in transit. The Vendor shall be responsible for any damage or loss that can be shown to have resulted from faulty or inadequate packing. Page 10 of 11 XXVII. INSURANCE The vendor shall provide and thereafter maintain for the duration of this contract and any extension thereof all appropriate workmen’s compensation insurance or its equivalent with respect to its employees to cover claims for personal injury and death in connection with this contract. The vendor shall, upon request, furnish proof to the satisfaction of the GOAL, of such liability insurance. The vendor shall further provide such health and medical insurance for its agents and employees, as the vendor may consider advisable. XXVIII. TERMINATION OF CONTRACT Either party may cancel this Contract before the expiry date of the Contract by giving notice in writing to the other party. The period of notice shall be five days in the case of contracts for a total period of less than two months or fourteen days in the case of contracts for a longer period. In the event of the Contract being terminated prior to its due expiry date in this way, the Contractor shall be compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction of GOAL. Additional costs incurred by GOAL resulting from the termination of the Contract by the Contractor may be withheld from any amount otherwise due to the Contractor from GOAL. XXIX. ASSIGNMENT OF PERSONNEL The Contractor shall not assign any persons other than those accepted by GOAL for work performed under this Contract. XXX. OVERRIDING CLAUSE In the event of any conflict or inconsistencies between these Terms and Conditions or any other document which forms part of the Contract, these Terms and Conditions shall prevail except where they have been amended (by specific reference to the relevant clause and paragraph of these Terms and Conditions) as provided for herein. XXXI. WITHHOLDING TAX GOAL reserves the right to deduct withholding tax from the vendor's invoice if so required by law. This will apply unless the vendor has supplied in advance the required documentation proving its exemption from withholding tax (e.g. withholding tax exemption certificate). GOAL Nairobi Office On Behalf of GOAL North Sudan Program PO Box 66242-00800 Nyangumi Road Nairobi, Kenya 23rd of October, 2009 GOAL General Terms and Conditions are provided by GOAL Representative Ernest Halilov – GOAL Ireland Senior Logistician ____________________________________________ (signature) ________________________________ (date) GOAL General Terms and Conditions are read, understood and agreed by Vendor Representative ___________________________________ (name) ___________________________________ (position) ____________________________________________ (signature) ________________________________ (date) ________________________________ (seal of the company) Page 11 of 11

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