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					                       Invitation to Tender

                               for

The Supply, Delivery, Installation, Integration, Commissioning and
    ongoing support of a 5 Colour Lithographic Offset Press




                                                           1|Page
INDEX                                          Page

Letter of invitation                             3

Invitation to Tender Acknowledgement             4

Instruction to Suppliers                         5

Scope of Services                               11

Technical and Functional Specification          11

Form of Tender                                  16

Schedule A - Commercial                         18

Schedule B - Tender Qualifications              22

Schedule C - Technical and other information    23

Schedule D - Additional Information             24

Appendix A – Terms and Conditions               28




                                                      2|Page
To whom it may concern
7th
       December 2010

Dear Sir or Madam,
                                  INVITATION TO TENDER REF DPC/0612/003

You are invited to submit your offer for the supply, delivery, installation, integration and commissioning of a 5
colour Lithographic Offset Press in accordance with the requirements of this letter and the attached
documents:
i)         Instructions to Suppliers
ii)        Scope of Services
iii)       Technical and Functional Specification
iv)        Schedules
v)         Form of Tender
                                                                                                          th
Your offer (original and two copies) is to be submitted in sealed envelope no later than 12 noon on 25
January 2011 and addressed to:
               The Purchasing Manager
               University of Kent
               Darwin College
               Darwin Road
               Canterbury
               Kent CT2 7NY
               Email: purchasing@kent.ac.uk
               Tel: 01227 824199
               01227 824116

Each envelope or box containing material which is part of the Tender shall be sealed and clearly marked
"TO BE OPENED BY ADDRESSEE ONLY TENDER REF DPC/0612/003

Copies may be provided on CD’s. The original offer must be submitted on paper and be fully bound so that
pages may not be removed or included. Original signatures are required.

Late tenders shall not be accepted. The Supplier shall be solely responsible for ensuring its Tender is
correctly sealed and labelled. Any Tender received in a damaged condition or not as a Sealed Tender in
accordance with these Instructions to Suppliers will be disqualified and returned to the Supplier.
Within 3 days of receipt of this enquiry you are to confirm by fax or email using the attached enquiry
acknowledgement that you will submit an offer. In the event you decide not to make an offer then this also
must be communicated by fax or email and the enquiry documents returned by first class post.
All queries and correspondence in connection with this enquiry are to be referred to the Purchasing Manager
(contact details above).
Drawings, specifications and any other information in whatever form supplied by the Purchaser in connection
with this enquiry are the property of the Purchaser and shall be returned immediately upon the request of the
Purchaser. At no time shall contact be made with third parties or documents passed to third parties without
the express permission of the Purchaser.
The Purchaser does not bind himself to accept the lowest or any offer, nor will he be responsible for or pay
for, any expenses or losses which may be incurred in the preparation of any offer made in connection with
this enquiry.
Yours faithfully
Julie Elmes - Purchasing Manager

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                                              INVITATION TO TENDER ACKNOWLEDGMENT


Fax to: Julie Elmes, Purchasing Manager
Email: purchasing@kent.ac.uk
Fax number: 01227 824116 Tel: 01227 824199
From (Contact Name) :
Company:
Fax number:
Tel. number:


                                                                                                                                     th
We acknowledge receipt of your Invitation to Tender number DPC/0612/003 dated 7 December 2010 and
                                                                       th
confirm that we shall/shall not* submit our offer by the due date of 25 January 2011.
In the event that you are declining to make an offer you must state here clearly the reason why you are
declining:
.............................................................................................................................................................................
.............................................................................................................................................................................
.............................................................................................................................................................................
....................................


Signed:.....................................................
Printed......................................................
Capacity:..................................................
Ref...........................................................
*delete as applicable




                                                                                                                                                           4|Page
                    INSTRUCTIONS TO SUPPLIERS



                                      INDEX

Article No         Title

1.           DEFINITION OF SUPPLIER

2.           ACKNOWLEDGEMENT OF RECEIPT

3.           METHOD OF TENDERING

4.           PREPARATION AND SUBMISSION OF TENDER

5.           OWNERSHIP OF TENDER DOCUMENTS

6.           PRE-TENDER SITE VISIT

7.           EXAMINATION OF INVITATION FOR TENDER
             DOCUMENTS AND EXPLANATION TO SUPPLIERS

8.           COMPLETION OF SCHEDULES & APPENDICIES

9.           EXCEPTIONS

10.0         ADDITIONAL SERVICES & ALTERNATIVE PROPOSALS

11.0         INSTALLATION & START-UP

12.0         INTEGRATION

13.0         AWARD CRITERIA

14.0         REFERENCES

15.0         AWARD OF CONTRACT

16.0         INFORMATION PROVIDED FOR SUPPLIERS

17.0         SAFETY AND SECURITY




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                                   INSTRUCTIONS TO SUPPLIERS

1.0   DEFINITION OF SUPPLIER

The term "Supplier" as used in these Tender Documents shall mean:

a)    The person or firm to whom the Tender Invitation Letter is addressed.

b)    Any Person or firm to whom the Supplier as defined in a) above transfers the Tender
      Documents with the prior written consent of The University of Kent during the tender period.

2.0   ACKNOWLEDGEMENT OF RECEIPT

      Within three (3) days of receipt of this Invitation to Tender, the Supplier shall advise The
      University of Kent in writing confirming the safe receipt of the Invitation to Tender and all
      attachments and drawings thereto, together with confirmation of the Supplier's intent to submit a
      Tender. An Enquiry Acknowledgement form is included above.

3.0   METHOD OF TENDERING

      The Supplier shall obtain prior written approval from The University of Kent to submit a Tender if
      it intends to:

a)    submit a Tender in a name other than that to which the Tender Documents are addressed;

b)    submit a Tender in the name of joint venture or partnership. The Supplier shall certify that the
      joint venture or partnership is properly formed and licensed to submit a Tender and to perform
      the Services under a contract arising out of such a Tender.

c)    subcontract to any one firm or person a part of the Services valued at more than 30% of the
      total of the Services. The Supplier shall state the name and address of the subcontractor and
      the nature and extent of the Services to be subcontracted.

d)    subcontract in aggregate more than 50% of the value of the Services. The Supplier shall state
      the name and address of each of the subcontractors and the nature and extent of the Services
      to be subcontracted.

e)    perform the Services in association with another company or companies, which association
      would not be a joint venture, partnership or subcontract. The Supplier shall state the names
      and addresses of each such associated company, the nature and extent of the Services to be
      performed by each and the nature of the relationship between the Supplier and each such
      company.

      In order to obtain The University of Kent's approval to submit a Tender in any of the methods
      set forth in this Article, the Supplier shall submit the appropriate information to The University of
      Kent within a reasonable time of receipt of the Tender Documents but in any event not later
      than three (3) weeks prior to the date of the receipt of the Tenders. The University of Kent's
      approval, if given, shall in no way modify or affect the Supplier's sole responsibility for the
      formation, registration and licensing of any company, joint venture, partnership, subcontract or
      other association nominated by the Supplier. Failure of the Supplier to inform The University of
      Kent of its intention to submit a Tender in any of the methods described in this Article, within the
      time provided for herein, shall be cause for rejection of any and all the Tenders submitted by the
      Supplier.




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4.0   PREPARATION AND SUBMISSION OF THE TENDER

      The Tender shall be submitted in the number of copies requested herein and on the Form of
      Tender section of this Invitation to Tender.

      Tenders which are partial, incomplete or not in strict conformity with the Invitation to Tender and
      any Addenda thereto may be rejected at The University of Kent's discretion.

      Each Tender shall show the full legal name and business address of the Supplier and shall be
      signed with the usual signature of the person or persons authorised to bind the Supplier, and
      shall be dated. The place of incorporation shall be stated in the Tender Letter to which a
      corporation is a party as a signatory.

      It is the responsibility of the Supplier, prior to submitting its Tender, to ensure that it has in its
      possession all documentation listed within the Invitation to Tender or within any subsequent
      Addenda sent to the Supplier.

      The preparation of a Tender shall be by and at the sole expense of the Supplier.

5.0   OWNERSHIP OF TENDER DOCUMENTS

      The Tender Documents are provided to the Supplier solely for the purpose of the Supplier
      preparing and submitting a Tender or Tenders in accordance therewith. The Supplier shall
      keep confidential and shall not release to any third party, other than to have the third party
      prepare and submit to the Supplier a quotation for part of the Services, any part of the Tender
      Documents and shall return the Tender Documents to The University of Kent when and if the
      Supplier is advised its Tender is not successful.

6.0   PRE-TENDER SITE VISIT


      The Press will be located on the ground floor of the Design and Print Unit within the University
      of Kent Campus, Canterbury.

      Suppliers are strongly advised to visit the site to assess any restrictions for access and
      installation and to satisfy themselves of the nature, extent and requirements of the work before
      completing the tender response. Suppliers must take note of any existing conditions which
      require special treatment, whether such be specified or not, and no claim will be considered for
      any expense occasioned by his failure to do this.

      Suppliers will also be given the opportunity of examining trade-in machinery and the re-siting of
      2 machines

      Arrangements for this visit may be made by contacting:

      Damon Woods
      Design and Print Unit
      Estates Dept
      University of Kent
      Canterbury, Kent
      01227 827668
      D.Woods@kent.ac.uk

7.0   EXAMINATION OF INVITATION TO TENDER AND EXPLANATION TO SUPPLIERS

      Each Supplier submitting a Tender is responsible for examining with appropriate care the
      Invitation to Tender and any addenda and is also responsible for familiarising itself with respect
      to all costs which might in any way affect the cost of or the performance of any Services.
      Failure to do so will be at the sole risk of the Supplier and no relief can be given for errors or
      omissions by the Supplier. Should the Supplier find discrepancies in or omissions from the


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      Invitation to Tender documents; should the intent or meaning appear unclear; or should any
      question arise relating to the said documents, the Supplier shall request in writing clarification
      from The University of Kent. The Supplier making such requests shall be solely responsible for
      their timely receipt by The University of Kent. Written replies will be issued by The University of
      Kent simultaneously to all Suppliers.

8.0   COMPLETION OF SCHEDULES & APPENDICIES

      It is a requirement of this Invitation to Tender that the Supplier fully completes and submits all
      Tender Forms with its Tender.

9.0   EXCEPTIONS

      The offer made by the Supplier in its Tender is required to be made in strict accordance with the
      terms and conditions of the Invitation to Tender. The University of Kent wishes the Tender to be
      made without qualification.

      Qualification may only be made in relation to the requirements of The University of Kent which
      the Supplier feels unable to comply with under any circumstances or at any price. If the
      Supplier wishes to make any qualifications this must be done by listing the full details of each
      qualification, stating the reason for the qualification, in Schedule B of the Form of Tender
      document.

10.0 ADDITIONAL SERVICES & ALTERNATIVE PROPOSALS

      The Supplier may submit details of additional services relevant and associated with the
      Services. These Additional Services shall NOT form part of the Tender but may be considered
      by The University of Kent as optional requirements. Any Additional Services accepted and
      agreed by The University of Kent shall be incorporated in the resultant contract.

      Alternative proposals may be included as part of the tender response. Suppliers should quote
      to specification and/or may offer their nearest alternative either in place of or, preferably, in
      addition to the original specification.

11.0 INSTALLATION & START UP

      The successful Supplier will be responsible for installing the Press to a standard that is
      acceptable to the University. The installation costs must include all necessary items for a
      complete working system.

12.0 INTEGRATION
      The successful Supplier will be responsible for integrating the Press with other existing
      equipment to a standard that is acceptable to the University. This can be discussed at the pre-
      tender site visit.




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13.0 AWARD CRITERIA
     Each Tender response shall be assessed against the following list of criteria:


      (i) Commercial (25%) :-

      -   Net Price & whole life costing
      -   Financial stability
      -   Quality of tender response
      -   Adequate insurance cover
      -   Satisfactory references from other Customers of similar equipment


      (ii) Technical Specification, Technical Merit, Professional Capability & Quality (50%) :-

          -   Knowledge and experience of the Market
          -   Quality
          -   Performance
          -   Accuracy
          -   Compatibility & integration with existing equipment
          -   Satisfactory performance under evaluation by our Technical Staff
          -   Satisfactory installation criteria & requirements
          -   Robustness
          -   Functional characteristics
          -   Aesthetic characteristics
          -   Environmental characteristics
          -   Additional features
          -   Flexibility of operation
          -   Ease of use

      (iii) Availability (10%) :-

          -   Delivery date/lead time
          -   Commissioning period
          -   Period of completion
          -   Satisfactory delivery criteria

      (iv) Pre & After sales service and tender performance (15%)

          -   After sales customer service
          -   After sales technical support
          -   Satisfactory arrangements for training of University staff
          -   Level of service/warranty response available
          -   Type, quality & duration of warranty & maintenance support


14.0 REFERENCES

Your offer is to be accompanied by a reference list with regard to similar installations, including at least
one contact that would be willing to discuss the installation, subsequent use of the system and levels
of after sales service provided.



15.0 AWARD OF CONTRACT

      The award criteria for this contract shall be the economically most advantageous tender in
      terms of price and quality and whole life cost.


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    The right is reserved, as the interest of The University of Kent may require, to reject any or all
    Tender(s) without giving due reason, to accept other than the lowest priced Tender, and to
    waive any irregularity in Tenders received.

16.0 INFORMATION PROVIDED FOR SUPPLIERS

    Where The University of Kent has made available information in areas where Services are to be
    performed under this Contract, such information is not part of the Contract and is furnished
    solely for the convenience of the Supplier. The University of Kent does not accept any
    responsibility whatsoever in respect of the sufficiency or accuracy of the investigation thus
    made, the information thereof, or of the interpretations set forth therein or made by The
    University of Kent, and there is no guarantee or warranty, either express or implied, that the
    conditions indicated by such information is representative of that existing throughout the area of
    the Services, or any part thereof.

    The Supplier shall remain solely responsible for the interpretation and use of such provided
    information in compiling its Tender, and The University of Kent shall not be responsible for any
    additional costs that the Supplier may incur during performance of the Services due to any such
    misinterpretation or use.

17.0 SAFETY AND SECURITY

    If successful in its Tender, the Supplier will be required to comply with all applicable safety and
    security procedures, rules and regulations applicable at the Campus. Whilst not attached
    hereto, the Supplier may review available documentation during the Tender period, at The
    University of Kent's offices in Canterbury, by prior appointment only, through the contact named
    in the Letter of Invitation.




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                                    SCOPE OF SERVICES
                                            &
                            TECHNICAL/FUNCTIONAL SPECIFICATION


CONTENTS


1.    Background Information
2.    Technical & Functional Specification
3.    Detailed technical & functional specification requirements
4.    Trade-in of existing equipment
5.    Re-siting of existing press and guillotine
6.    Lead time
7.    Delivery and Installation
8.    Training
9.    Technical manuals
10.   Warranty
11.   Support and Maintenance
12.   Spare parts and consumables
13.   Period of Contract
14.   Price
15.   Payment




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1.0     BACKGROUND INFORMATION

        The University of Kent is a thriving European University based in Canterbury, Kent with a
        student and staff population in excess of 20,000.

        The University has its own in-house Design and Print Centre providing printing and copying
        services not only to its staff and students but also to external clients.

        To continue to support the increasing reprographic demands of the University and to provide
        opportunities for increased revenue generation, the University wishes to enhance its print
        offering.

        Following extensive research into the options available, the University has chosen to purchase
        a 5 Colour Lithographic offset Press, details of which are outlined below.

2.0     TECHNICAL AND FUNCTIONAL SPECIFICATION

        The University of Kent wishes to purchase a conventional 5 Colour Lithographic Offset Press
        that, as a minimum:

            -   Is capable of servicing a double shift pattern 5 days a week and produce a minimum of
                10 million sheets per year

            -   Is a wet ink and water/alcohol system comprising 5 mechanically linked print heads each
                capable of delivering 1 process or special colour/varnish

            -   Includes an autoplate loading facility together with auto wash-up and auto blanket wash

            -   Is capable of accepting sheet sizes of at least A5 Landscape (210 x 148.5mm) to B3
                (520 x 370mm) with weights of between 60gsm and 350gsm

            -   Is capable of a running speed of 10,000 printed sheets per hour and incorporates a
                computer controlled inking and damping system capable of accepting any technological
                upgrades from the manufacturer or software supplier and be able to cope with the DDS
                ACCURA MIS (Management Information System) used by the Design and Print Centre
                and the introduction of ISO 9001.

            -   Is capable of switching between a stream feed system and a sheet feed system without
                complications. The Press delivery system should include a facility to add (at a later date)
                numbering, and perforating devices.

            -   Is capable of accepting polyester plates produced from the Design and Print Centre’s
                existing DPX/CTP system (plate size 510 x 400mm). Alternatively, the Tender should
                include for a new CTP system at no extra cost.

            -   Is capable of using eco-friendly inks and incorporate an eco-friendly damping system.

            -   The maximum size of the Press should not exceed 8.0 meters x 2.5 meters. The tender
                response should for include the provision of oil drip trays on which the machine will
                stand.

            -   Can be accessed remotely by the Supplier to provide diagnostic support and assistance.

      3.0   DETAILED TECHNICAL & FUNCTIONAL SPECIFICATION REQUIREMENTS




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       In addition to confirmation that the Press you are proposing performs the functions outlined
       above, please provide a full and detailed technical & functional specification as part of your
       tender response.


4.0    TRADE-IN OF EXISTING EQUIPMENT

       As part of the tender submission, please provide details of the allowance you will make
       against the tender price for the trade-in of the following:

       -       1998 Heidelberg GTO 2 colour, 28.5 million impressions
       -       1986 Heidelberg GTO single colour, 34 million impressions
       -       DPX/CTP system

       Proposals should include all costs associated with the removal of this equipment from site.

5.0    RE-SITING OF EXISTING PRESS AND GUILLOTINE

       The Supplier is required to cost for the re-siting of the following 2 machines (within the
       existing Design and Print Unit).

       -       Heidleberg Printmaster 46/2 colour
       -       Heidleberg Polar 78 Guillotine

      The Supplier will be given the opportunity to examine the equipment outlined above and
      discuss this in more detail during the site visit.

6.0    LEAD TIME

       Please indicate the lead time required from the point of receipt of order to delivery and
       installation of the Press.

7.0    DELIVERY AND INSTALLATION

       The Tender price must include any Revenue and Customs Duty and include transport and
       delivery insurance to the point of installation. The Supplier must ensure that the courier
       provides adequate off-loading and transportation equipment (e.g. tail lift ramp, lift truck etc).
       No installation assistance will be provided by the University of Kent. Delivery, Installation,
       Integration & Commissioning must be carried out during normal University working hours
       and must not affect the day to day operations of the University, its staff or its students.

       In the Tender response, please include details of the following:

        -   Provide a method statement regarding the safe offloading and installation of equipment
            to the Design and Print Unit following delivery.

        -   Provide details of the installation process, integration, commissioning, testing and
            customer sign-off.

        -   Detail any specific input, equipment or other special requirements that it is assumed will
            be provided by the University of Kent.

8.0    TRAINING

       The Supplier shall be responsible for providing training in the use of the Press to at least 2
       University of Kent staff members to a standard agreed by the University of Kent and the
       Press manufacturer.

       Comprehensive training manuals will be required, together with on on-going telephone
       support, as necessary.


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 9.0   TECHNICAL MANUALS

       The Supplier shall be required to provide, free of charge, all technical documentation and m
       anuals required for the operation and routine maintenance of the Press.

10.0   WARRANTY

       A minimum of 12-months parts & labour on-site Warranty is to start after
       confirmation of satisfactory Delivery, Installation, Integration and Commissioning
       is confirmed to you in writing and is to cover the cost of all replacement parts &
       labour involved in rectifying any defects or operational problems owing to
       defective material or workmanship in manufacture, or damage caused during
       Storage, Transport, Delivery, Installation, Integration or Commissioning.

       If the Supplier wishes to offer an extended warranty, please indicate the length
       of the warranty and additional cost, if any.

11.0   SUPPORT AND MAINTENANCE

       The Supplier will be required to provide Support & Maintenance and Services between the
       hours of 09:00 and 17:30 local time, Monday to Friday (excluding local public holidays).

       As part of the Support and Maintenance Services, the Supplier shall provide:

       Technical Telephone support and remote diagnostics capability. 4 hour on-site response by
       a qualified engineer to all Press component and system breakdown calls that cannot be
       corrected via remote diagnostics.

       Software upgrades and bug fixes

       The Supplier warrants that he will continue to support & upgrade the software for the period
       of time stated below (7 – 10 years).

       The Supplier will be responsible for fixing any software bugs or errors within a reasonable
       timeframe, or where such a fix is not immediately available, shall provide a patch to enable
       continued use of the system until the fix is provided.

12.0   SPARE PARTS AND CONSUMABLES

       The University of Kent is expecting to operate the Press for a period of at least 7-10 years.
       The Supplier will be required to hold (or obtain) critical spare parts & consumables to enable
       the continued use of the Press for that period of time.
       Please confirm your willingness and ability to do so.

       Please detail all consumables required to operate the system, together with estimated
       replacement cycles, prices and discounts.

13.0   PERIOD OF CONTRACT

       Initially [3] years from the date of satisfactory delivery, installation, integration and
       commissioning, extendable for 12 month periods, by mutual agreement.

       Although this is a 3 year Contract, the University of Kent intends to operate the press for up
       to 10 years and requires guarantees for the supply of critical parts, software upgrades and
       consumables over that period.

       The University is seeking the most cost effective option that provides guarantees for
       continued operation. Suppliers are invited to propose alternative support and maintenance



                                                                                              14 | P a g e
       schemes that could be considered that would provide the appropriate level of support plus
       the requisite guarantees.


14.0   PRICE

       This is a firm price contract; no increases to price. Tendered prices shall be in £
       UK Sterling and shall be full costings, including all 'hidden' items necessary for
       the operation of the equipment specified.

15.0   PAYMENT

       Correctly presented Invoices for the supply, delivery, installation, integration &
       Commissioning of the Press, and first years support and maintenance should be sent to the
       address stated on the Purchase Order within five days after the satisfactory completion and
       sign off by the University of Kent representative.

       Payment by BACS will be due 30 days following invoice date.




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             FORM OF TENDER



CONTENTS

FORM OF TENDER

SCHEDULE A       -   COMMERCIAL SUBMISSION

SCHEDULE B       -   QUALIFICATIONS TO TENDER DOCUMENTS

SCHEDULE C       -   TECHNICAL & OTHER INFORMATION

SCHEDULE D       -   ADDITIONAL INFORMATION

APPENDIX A       -   TERMS AND CONDITIONS OF PURCHASE




                                                          16 | P a g e
                                                              FORM OF TENDER
TO:       THE UNIVERSITY OF KENT FOR: 5 COLOUR LITHOGRAPHIC OFFSET PRESS

  1. Having examined the Instructions to Tenderers, the Schedules, the Commercial Submission and
  the University of Kent Terms and Conditions of Purchase, we, the undersigned, being fully aware of
  the nature and circumstances of the particular requirements hereby offer to execute and complete
  the supply, delivery, installation, integration & commissioning of a 5 Colour Lithographic Offset Press
  in strict conformity with the said Documents for the Sum of:

(words)............................................................................................................................

..............................................................................................................Pounds Sterling

(figures)...........................................................................................................................

The above Sum excludes Value Added Tax.

The total is FIXED PRICE and not subject to any increase due to fluctuations in costs.

2.        We confirm that the offer is fully compliant with the technical specifications and requirements
          included in the Invitation to Tender Document and all appendicies.

3.        We agree to abide by this Tender for 90 days from its receipt and it shall remain binding upon
          us and may be accepted at any time before the expiration of that period.

4.        We agree to accept the University of Kent Standard Terms and Conditions of Purchase
          (attached) and all the other terms and conditions detailed in the Invitation to Tender

5.        We agree that availability of spares is guaranteed for up to 10 years from the date of delivery of
          the goods.

6.        We undertake, if our Tender is accepted, to commence the services upon receipt of written
          instructions in the form of an official Purchase Order from the University of Kent

7.        Unless and until a formal Agreement is prepared and executed, this Tender, together with the
          University of Kent’s written acceptance thereof, shall constitute a binding Contract between us.



  In the event that the Supplier needs to clarify his offer with regard to the above points then this is to
  be clearly stated separately.
Full Company Name of Supplier:

...........................................................................................................................................................

Address: ...........................................................................................................................................

.....................................................................................................Post Code ...................................

Tel.No: ....................................................................................... Fax No:........................................

Email:…………………………………………………

I am authorised to sign Tenders for this business:                                       Signed:          .............................................……

Date:         ..............................................................            Print Name:………………………………………

Position................................................................


                                                                                                                                               17 | P a g e
                                  The Schedules
Schedule A

The expectation is to purchase a 5 Colour Lithographic Offest Press to the specifications set out in the
Technical & Functional Specification.

1.0     Compliance

Each offer must include a line-by-line indication of the compliance to our Technical Specifications, clearly
indicating the extent of compliance with every aspect of the Technical Specifications by using a tick under
one of the following codes: FC (indicating Fully Compliant), PC (indicating Partially Compliant), NC
(indicating Non-Compliant). Where appropriate, a detailed description of the methods used to achieve
compliance, the extent of compliance or the reason(s) for partial-compliance should be enclosed.

                                                                             FC         PC        NC
Item 1: 5 Colour Lithographic Offset Press

5-Colour B3 Lithographic Press, with all fixtures and fittings needed to
operate Press.


Automatic Wash-up and Blanket Wash.


Automatic Plate loading and ejecting system.


Eco-friendly damping system.


Minimum run speed – 10,000 sheets per hour, sheet size A5 – B3,
switchable between stream and sheet feed.


Computer controlled inking and damping system



Full and comprehensive training for 2 machine operators on operation
and maintenance of Press. To include Training Manuals & User
Guides.



Item 2: Computer Control Console

Computer console for control of inking and damping system.




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Colour Management software for reproduction of process and pantone
colours to ISO standards.


Remote Diagnostic for software support.



Operational software and licences.



Full and comprehensive training for 2 operators on operational
software. To include Training Manuals & User Guides.




Item 3: CTP

Upgrade of existing DPX/CTP polyester plate system or replace to
Chemical–less metal plate CTP system, with pricing of consumables.



Item 4: Trade-in

Trade-in and removal of 2 lithographic presses.



Trade-in and removal of current DPX/CTP system.



Item 5: Re-siting of existing equipment

Re-siting of lithographic & guillotine press within DPC.



Item 6: Delivery

Delivery, installation and site survey for complete Press, Computer
console/software and CTP including projected lead time from order to
delivery of entire system, include time for commissioning of complete
system.

Item 7: Warranty, Support & Maintenance


Minimum of 12 months comprehensive parts and labour warranty
including service and support of complete Press, Plate and computer
systems. This should be included in the price for item 1.



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On going support and Maintenance to include provision of critical
spare parts and consumables for a period of up to 10 years.




2.0 COMMERCIAL SUBMISSION

     PRICE SUMMARY

     Suppliers are requested to submit a detailed price schedule using the format below. All discounts MUST
     be included here and net prices shown.


                                            PRICE PROPOSAL                                           Net Price
Item
                                                                                                     in £ GBP
       Description

       5-Colour B3 Lithographic Press, as described in the Technical and Functional
1      Specification. All fixtures and fittings needed to operate Press to be included, together
       with technical documentation and manuals.

       Computer console for control of inking and damping system. Complete with Colour
2      Management software for reproduction of process and pantone colours to ISO
       standards.


3      Software licences for above (Please state No. of Users)
       Delivery, installation, integration & commissioning for complete Press, Computer
4      console/software and CTP.

       Full Training of 2 University of Kent staff (to include comprehensive training manuals)
5

6      Re-siting of lithographic & guillotine press within DPC.

7      Any other costs (please specify on separate sheet)

       Less Credit for Trade-in and removal of:
                                                                                                    £(        )
8      2 Lithographic Presses.
                                                                                                    £(        )
9
       Current DPX/CTP system.
                                                                TOTAL FIXED DELIVERED PRICE



       ADDITIONAL COSTS


       12 months standard support and maintenance
10
       Please state if this is included in the price of the system for the first year.

11     Additional support and maintenance as detailed above for years 2 & 3




                                                                                                   20 | P a g e
3.0      CONSUMABLES

        Please provide details below of all consumable items required for the operation of the Press, together
        with net prices to the University. Discounts should be included, but stated

      Consumable Item          Expected frequency of       Discount offered from            Net Price £
                                   replacement                    RRP




2.0      Please provide details of lead time to supply Press and associated equipment and period of time
         required in which to complete the installation


            DELIVERY                               Lead Time                    Target Date for Completion
Please state the lead time for
delivery from point of receipt of
order together with target date for
completion



3.0      ADDITIONAL SERVICES or ALTERNATIVE PROPOSALS

         Any additional services or alternative proposals should be separately identified and detailed on a
         separate sheet. Please do not include them on this Form of Tender.




                                                                                                  21 | P a g e
                                                  SCHEDULE B

1.0    QUALIFICATION TO TENDER DOCUMENTS

      The Supplier shall list below any and all qualifications exceptions or deviations whatsoever from/to the
      Tender Documents. Except as listed below the Supplier confirms full compliance with the
      requirements of the Tender Documents. If you do not wish to make any qualification, please state
      below "We make no qualifications to this Tender".




                                                                                                  22 | P a g e
                                                   SCHEDULE C

1.0    TECHNICAL & OTHER INFORMATION

      In addition to the commercial submission the Supplier shall provide the following information:

      1.    Full technical and functional specification of the proposed system
      2.    Full details of the Warranty provided
      3.    Details of the method of delivery, installation, integration & commissioning of the system,
            including method statement for the safe offloading and positioning of the system.
      4.    Full details of the Support and Maintenance Contract, to include a Service Level Agreement
      5.    Confirmation of the availability of spare parts & software support for the expected life cycle of
            the system
      6.    List of References, one of whom would be prepared to speak to the University of Kent
      7.    Copies of Insurance certificates to cover Public Liability, Product Liability (if applicable) and
            Professional Indemnity (if applicable)
      8.    3 years audited accounts
      9.    Overview of your technical, Developmental, Production and After Sales Support Capabilities




                                                                                                   23 | P a g e
                                                 SCHEDULE D

 ADDITIONAL INFORMATION REQUIRED. Please complete the following forms and return with the
 Tender Response.


1.    ORIGIN OF GOODS OR SERVICES

       1.1 Country of origin of manufacture of
           goods or supply of services


2.    HEALTH AND SAFETY

       2.1    Are hazardous substances included in          YES      NO   *
              this tender?
       2.2    Product Safety Data sheets                    YES      NO        NOT APPLICABLE
              available?
       2.3    Product Assessment sheets                     YES      NO        NOT APPLICABLE
              available?
       2.4    Which products require special disposal                                  NOT
              procedures?                                   APPLICABLE
       2.5    Are all items of equipment supplied with      YES    NO          NOT APPLICABLE
              a CE Mark?
       2.6    Is there a Health and Safety Policy in        YES      NO   *
              Place?
       2.7    Which products require special disposal                                  NOT
              procedures?                                   APPLICABLE
       2.8    What health & safety training does your
              staff receive?
       2.9    Are written risk assessments and method       YES      NO   *
              statements in place for areas of
              significant risk?
       2.10   How many accidents have been
              recorded in your Company during the
              past 3 years?
                                                                                      * (Tick as appropriate)
3.    QUALITY ASSURANCE

       3.1    Are your quality management systems for the          YES    NO     *
              manufacture and/or supply of goods or services
              in this tender certified to ISO9000 or equivalent?
       3.2    If yes, state which standard applies :

       3.3    Part no:
       3.4    Certifying body
       3.5    Certificate no
       3.6    If you answered NO to 3.1 what other quality
              assurance systems and processes are in place
              in your organisation?


4.    ENVIRONMENTAL

       4.1    Do you operate an EMS (environmental                 YES    NO      *


                                                                                                24 | P a g e
            management system) (ISO14001 or
            equivalent)?                                       * (Tick as appropriate)
     4.2    If yes, state which standard applies (if any)      If Y, enclose a copy of the certificate)
     4.3    Part no:
     4.4    Certifying body
     4.5    Certificate no
     4.6    Is there an Environmental Policy in Place?         YES         NO    *
                                                               (if yes, please enclose a copy)

     4.7    Have you had any enforcement notices or            YES         NO     *
            prosecutions by the HSE or EA in the past 3        (if yes, provide details)
            years?
     4.8    What environmental improvements to your
            systems and process are you intending to
            achieve in the coming 2 years?
     4.9    What percentage of the goods quoted in the         ______%       NOT APPLICABLE
            tender are manufactured from re-cycled
            materials?
     4.10   What percentage of the material content of the     ______%       NOT APPLICABLE
            goods quoted in the tender are made from
            materials that can be re-cycled?
     4.11   What percentage of your packaging is made          ______%       NOT APPLICABLE
            from re-cycled materials?
     4.12   Can your packaging be collected after delivery     YES      NO      NOT APPLICABLE
            so that you can re-use or recycle?
     4.13   What are you doing to reduce the hazardous         YES      NO      NOT APPLICABLE
            material content of the products supplied under
            this contract?
     4.14   Are any of the products on this contract eco       YES     NO       NOT APPLICABLE
            labelled? (if yes, please state which ones)
     4.15   Describe any special arrangements you have for
            waste disposal which ensure minimisation of        NOT APPLICABLE
            environmental pollution. (If none, state ‘none’)
     4.16   Describe any measures taken by your company
            to preserve or protect natural resources. (If
            none, state ‘none’)

     4.17   What are the key environmental impacts of the
            products and services that you supply and what
            action have you taken to minimise these?

5.   WEEE Directives (Waste Electrical and Electronic Equipment EU Directives) Directive No.
     200/96/EC

     5.1    Describe what procedures your organisation
            has for the collection, handling, treatment     NOT APPLICABLE
            and re-use of WEEE? Responses should
            detail whether you have registered with the
            National Clearing House or with a
            compliance scheme.
     5.2    If your organisation has registered with the    REGISTRATION NUMBER
            National Clearing House as a producer of
            Waste Electronic and Electrical Equipment       DATE
            (WEEE) please provide details of your
            registration.
     5.3    Has your organisation joined a compliance
            scheme to fulfil its obligations under WEEE,    NOT APPLICABLE
            please provide details of the scheme,


                                                                                              25 | P a g e
       including which organisation is operating this
       on your behalf.
 5.4   Please advise what information your
       organisation proposes to provide with regard     NOT APPLICABLE
       to your products to assist with the reuse,
       recycling and recovery of types of new
       equipment in accordance with your
       obligations under WEEE and how will this
       information be provided to the University?

 5.5   Please detail how your organisation selects
       its authorised treatment facility, if not a      NOT APPLICABLE
       member of a compliance scheme.

 5.6   Please detail your organisation’s approach to
       product design to facilitate reuse, recycling    NOT APPLICABLE
       and recovery of WEEE, its components and
       materials, and provide relevant examples.




6.    Restriction of Hazardous Substances in Electrical and Electronic Equipment
(ROHS) Directive (2002/95/EC)

 6.1   Please confirm that your organisation will       YES   NO
       ensure that its products comply with the
       Restriction of the Use of Certain Hazardous
       Substances in Electrical and Electronic
       Equipment Regulations 2006 (ROHS)
 6.2   Please detail any of your products that relate
       to this tender that you consider would be        NOT APPLICABLE
       exempt under the terms of the ROHS 2006.

 6.3   Does your organisation import any EEE
       products from outside of the EU? If yes,         NOT APPLICABLE
       please detail how your organisation will
       ensure that any such products comply with
       the requirements of the ROHS 2006.

 6.4   Please detail how your organisation analyses
       products to ensure that you are meeting your     NOT APPLICABLE
       obligations under ROHS 2006




                                                                              26 | P a g e
7.      OTHER POLICIES & LEGISLATIVE REQUIREMENTS


Please confirm your compliance with the following:

7.1     The University of Kent Equal Opportunities Policy can be viewed at:

        http://www.kent.ac.uk/equalityanddiversity/

7.2     The University of Kent Safety Office Website can be viewed at:

        http://www.kent.ac.uk/safety/


7.3     Freedom of Information Act
        The University of Kent undertakes to use reasonable endeavours to hold confidential any information
        provided in the proposal submitted, subject to the University's obligations under law, including the
        Freedom of Information Act 2000 and the Public Contracts Regulations 2006 (S.I. 206 No 5).

        If the Supplier considers that any of the information submitted in the proposal should not be
        disclosed because of its sensitivity, then this should be clearly stated in your response with your
        reason for considering it sensitive. The University will then consider the sensitivity statement before
        replying to any request received under the Freedom of Information Act 2000. It is not acceptable for
        you to state that the entire document is sensitive.




                                                                                                  27 | P a g e
                                               APPENDIX A

                              TERMS AND CONDITIONS OF PURCHASE

     Any order placed as a result of this enquiry will be subject to the University of Kent Standard Terms
     and Conditions of Purchase, the Purchaser will not contract on any other conditions and by signing the
     attached Form of Tender you will be confirming your acceptance of the University of Kent Standard
     Terms and Conditions of Purchase and any additions or amendments stated in this enquiry




GENERAL CONDITIONS OF PURCHASE

                                                CONTENTS


Clause Number                  Title

1                              Definitions
2                              The Contract
3                              Price
4                              Variations
5                              Right of Cancellation (for the Buyer)
6                              Quality and Description
7                              Work on Customer's Premises
8                              Progress and Inspection
9                              Package
10                             Safety
11                             Delivery
12                             Late Delivery
13                             Property and Risk
14                             Acceptance
15                             Payment
16                             Your Warranty
17                             Indemnity and Insurance
18                             Recovery of Sums Due
19                             Matters Beyond Control
20                             Articles on Loan and Use of Information
21                             Ownership of Results
22                             Infringement of Patents
23                             Non-Observance of Conditions
24                             Insolvency (of the Supplier)
25                             Assignment and Sub-Letting
26                             Corrupt Gifts
27                             Publicity
28                             Confidentiality
29                             Waiver
30                             Notice
31                             Amendment
32                             Law




                                                                                               28 | P a g e
GENERAL CONDITIONS OF PURCHASE

1.      DEFINITIONS

'We', 'Us' and 'Our' means the The University of Kent and its employees, sub-contractors or agents.

'You' and 'Your' means the person, firm or company to whom the Purchase Order is addressed and any
employees, sub-contractors or agents of said person, firm or company.

'Goods' means the materials, articles, works and services described in the Contract.

'Package' means any type of package including bags, cases, carboys, cylinders, drums, pallets, tank wagons
and other containers.

'Authorised Officer' means Our employee authorised, either generally or specifically, by Us to sign Our
Purchase Order.

'Authorised' means signed by one of Our Authorised Officers.

'Purchase Order' means Our authorised Purchase Order having these General Conditions of Purchase on its
reverse or attached to it or referring to these General Conditions of Purchase on its face.

'Order Amendment' means Our authorised Order Amendment or series of Order Amendments, each order
amendment having precedence over any earlier Order Amendment.

'Contract' has the meaning given in Condition 2 below.

'Price' has the meaning given in Condition 3 below.

'Sale of Goods Act 1979' shall mean the Sale of Goods Act 1979, as amended by the Sale and Supply of
Goods Act 1994.

'Supply of Goods and Services Act 1982' shall mean the Supply of Goods and Services Act 1982 as
amended by the Sale and Supply of Goods Act 1994.

2.      THE CONTRACT

You agree to sell and We agree to purchase the Goods in accordance with the Contract. The Contract shall
comprise (in order of precedence): any Order Amendments, the Purchase Order, these General Conditions
of Purchase and any other Documents (or part Document) referred to. The Contract shall not include any of
Your Conditions of Sale, notwithstanding reference to them in any Document. However, should this Contract
be held, by a court of competent jurisdiction, to include Your Terms and Conditions of sale then in the event
of any conflict or apparent conflict these General Conditions of Purchase shall always prevail over Your
Terms and Conditions of Sale. Delivery of Goods in response to a Purchase Order or Order Amendment
shall be taken to imply that You have accepted the Terms and Conditions of the Contract.

3.      PRICE



                                                                                                29 | P a g e
You will sell Us the Goods for the firm and fixed price stated in the Contract. If no price is stated in the
Contract then the price shall be a fair price, taking into account prevailing market conditions. The price shall
include storage, packing, insurance, delivery, installation and commissioning (as applicable), but shall
exclude VAT.


4.      VARIATIONS

We shall have the right, before delivery, to send You an Order Amendment adding to, deleting or modifying
the Goods. If the Order Amendment will cause a change to the price or delivery date then You must
suspend performance of the Contract and notify Us without delay, calculating the new price and delivery date
at the same level of cost and profitability as the original price, You must allow Us at least ten working days to
consider any new price and delivery date. The Order Amendment shall take effect when, but only if Our
Authorised Officer accepts in writing the new price and delivery date within the time You stipulate. If Our
Authorised Officer fails to confirm the order amendment within the time You stipulate then performance of
the Contract shall immediately resume as though the said Order Amendment had not been issued (except
that We may still exercise our right of cancellation in accordance with Condition 5).

5.      OUR RIGHT OF CANCELLATION

In addition to Our other rights of cancellation under this Contract, We may cancel the Purchase Order and
any Order Amendment thereto at any time by sending You a Notice of Termination. You will comply with any
instructions that we may issue with regard to the Goods. If You submit a termination claim then We will pay
to You the cost of any commitments, liabilities or expenditure that, in Our reasonable opinion, were a
consequence of this Contract at the time of termination. The total of all payments made or due to You under
this Contract, including any termination payment shall not exceed the price. If You fail to submit a
termination claim within three months of the date of Our Notice of Termination then We shall have no further
liability under the Contract.

6.      QUALITY AND DESCRIPTION

a       The goods shall
        i      conform in every respect with the provision of the Contract;
        ii     be capable of all standards of performance specified in the Contract;
        iii    be fit for any purpose made known to You expressly or by implication and in this respect We
               rely on Your skill and judgement;
        iv     be new unless otherwise specified on the Purchase Order and be of sound materials and
               skilled and careful workmanship;
        v      correspond to their description or any samples, patterns, drawings, plans and specifications
               referred to in the Contract;
        vi     be of satisfactory quality;
        vii    comply with any current legislation.

b       Unless specifically required under the Contract, there shall be no asbestos content in the Goods.

7.      WORK ON OUR PREMISES

If the Contract involves any works or services which You perform on Our premises then the following
Conditions shall apply:

a       You shall ensure that You and Your employees, Your sub-contractors and their employees and any
        other person associated with You will adhere in every respect to the obligations imposed on You by
        current Safety legislation.

b       You shall ensure that You and Your employees, Your sub-contractors and their employees and any
        other person associated with You will comply with any regulations that We may notify to You in
        writing.

8.      PROGRESS AND INSPECTION



                                                                                                    30 | P a g e
a       You shall at Your expense, provide any programmes of manufacture and delivery that We may
        reasonably require. You shall notify Us without delay in writing if Your progress falls behind or may
        fall behind any of these programmes.

b       We shall have the right to check progress at Your works or the works of sub-contractors at all
        reasonable times, to inspect and to reject goods that do not comply with the Contract. Your sub-
        contractors shall reserve such right for us.

c       Any inspection or approval shall not relieve You from Your obligations under this Contract.

9.      PACKAGE

Unless otherwise stated in the Contract, all packages shall be non-returnable. If the Contract states that
package is returnable, You must give Us full disposal instructions before the time of delivery. The package
must be clearly marked to show to whom it belongs. You must pay the cost of all carriage and handling for
the return of package. We shall not be liable for any package lost or damaged in transit.

10.     SAFETY

You shall observe all legal requirements of the United Kingdom, European Union and relevant international
agreements in relation to Health, Safety and Environment, and in particular to the marking of hazardous
goods, the provision of data sheets for hazardous materials and all provisions relating to food. Work will only
be awarded to suppliers who observe legally applicable Health and Safety standards, and the Supplier, in
conjunction with The University of Kent, must identify any specific legal requirements prior to delivery of
goods and/or services.

11.     DELIVERY

a       The Goods shall be properly packed, secured and despatched at Your expense to arrive in good
        condition at the time or times and the place or places specified in the Contract.

b       If You or Your carrier deliver any Goods at the wrong time or to the wrong place then We may
        deduct from the price any resulting costs of storage or transport.

12.     LATE DELIVERY

If the Goods or any part of them are not delivered by the time or times specified in the Contract then We
may, by written notice, cancel any undelivered balance of the Goods. We may also return for full credit and
at Your expense any Goods than in Our opinion cannot be used owing to this cancellation. In the case of
services, We may have the work performed by alternative means and any additional costs reasonably so
incurred shall be at Your expense. This shall not affect any other rights that We have.

13.     PROPERTY AND RISK

a       You shall bear all risks of loss and damage to the Goods until they have been delivered and shall
        insure accordingly.

b       Ownership of the Goods shall pass to Us
        i     when the Goods have been delivered, but without prejudice to Our right or rejection under
              this Contract, and
        ii    if We make any advance or stage payment, at the time such payment is made, in which
              case You must as soon as possible mark the Goods as Our property.

14.     ACCEPTANCE

We shall have the right to reject the Goods in whole or in part whether or not paid for in full or in part within a
reasonable time of delivery if they do not conform with the requirements of this Contract. It is agreed that
We may exercise the right of rejection notwithstanding any provision contained in Section 12 or Section 15A
or Section 30 (subsections 2A and 2B) or Section 35 of the Sale of Goods Act 1979. We shall give You a
reasonable opportunity to replace the Goods with new Goods that conform with this Contract, after which


                                                                                                     31 | P a g e
time We shall be entitled to cancel the Purchase Order and purchase the nearest equivalent Goods
elsewhere. In the event of cancellation under this condition You shall promptly repay any moneys paid
under the contract without any retention or offset whatsoever. Cancellation of the Purchase Order under this
condition shall not affect any other rights We may have. You must collect all rejected Goods within a
reasonable time of rejection or We shall return them to you at your risk and expense.

15.     PAYMENT

Unless stated otherwise in the Contract or on the Purchase Order We shall pay You net monthly (i.e.
payable by the end of the next month following the date of invoice) following receipt of a correctly rendered
invoice. Your invoice must be addressed to the department indicated on the Purchase Order and must
quote the full Purchase Order number. We shall not be held responsible for delays in payment caused by
Your failure to comply with Our invoicing instructions.

16.     YOUR WARRANTY

It is expressly agreed between us that :

a       You shall promptly make good at your expense any defect in the Goods that We discover under
        proper usage during the first of twelve months of actual use or eighteen months from the date of
        acceptance by Us, whichever period shall expire first. Such defects may arise from Your faulty
        design, Your erroneous instructions as to use or inadequate or faulty materials or poor workmanship
        or any other breach of Your obligations whether in this Contract or at Law.

b       Repairs or replacements will themselves be covered by the above warranty, but for a period of
        twelve months from acceptance by Us.

c       You will ensure that compatible spares are available to facilitate repairs (where applicable) for a
        period of at least ten years from the date of delivery of the Goods.

17.     INDEMNITY AND INSURANCE

a       You shall indemnify Us against all loss, actions, costs, claims, demands, expenses and liabilities
        whatsoever (if any) which We may incur either at common law or by statute in respect of personal
        injury to or death of any person or in respect of any loss or destruction of or damage to property
        (other than as a result of any default or neglect of ourselves or any person for whom We are
        responsible) which shall have occurred in connection with any work executed by You under this
        Contract or shall be alleged to be attributable to some defect in the Goods.

b       This Purchase Order is given on the condition that (without prejudice to the generality of Condition
        17(a)) You will indemnify Us against all loss, costs, claims, demands, expenses and liabilities
        whatsoever (if any) which We may incur either at Common Law or by statute (other than as a result
        of any default or neglect of Ourselves or of any person for whom We are responsible) in respect of
        personal injury to or death of any of Your or Our employees, agents, sub-contractors or other
        representatives whilst on Our premises whether or not such persons are (at the time of such
        personal injury or deaths are caused) acting in the course of their employment.

c       You will indemnify Us against any and all loss, costs, expenses and liabilities caused to Us whether
        directly or as a result of the action, claim or demand of any third party by reason or any breach by
        You of these Conditions or any Terms or obligations on Your part implied by the Sale of Goods Act
        1979, the Supply of Goods and Services Act 1982 or any other statute or statutory provision relevant
        to the Contract or to Goods or work covered thereby. This indemnity shall not be prejudiced or
        waived by any exercise of our rights under Condition 14.

d       You shall hold satisfactory insurance cover with a reputable insurer to fulfil your insurance
        obligations for the duration of this Contract including public liability insurance cover of at least
        £2,000,000 (two million pounds Sterling). You shall effect insurance against all those risks arising
        from Your indemnity in Condition 17(c). Satisfactory evidence of such insurance and payment of
        current premiums shall be shown to Us upon request.



                                                                                                32 | P a g e
18.     RECOVERY OF SUMS DUE

Whenever under the Contract any sums of money shall be recoverable from or payable by You, they may be
deducted from any sums then due, or which at any later time may become due to You under this Contract or
under any other contract You may have with Us.

19.     MATTERS BEYOND CONTROL

If either party is delayed or prevented from performing its obligations under this Contract by circumstances
beyond the reasonable control of either party (including without limitation any form of Government
intervention, strikes and lock-outs relevant to the Purchase Order or breakdown of plant), such performance
shall be suspended, and if it cannot be completed within a reasonable time after the due date as specified in
the Purchase Order, then the Contract may be cancelled by either party. We shall pay to You such sum as
may be fair and reasonable in all the circumstances of the case in respect of work that We have received full
benefit as originally contemplated in the Contract. This provision can have effect only if it is called into
operation by the party wishing to rely on it giving written notice to the other to that effect.


20.     ARTICLES ON LOAN AND USE OF INFORMATION

a       All tools, materials, drawings, specifications and other equipment and data ('The Articles') loaned by
        Us to You in connection with the Contract shall remain always Our property and be surrendered to
        Us upon demand in good and serviceable condition (fair wear and tear allowed) and are to be used
        by You solely for the purpose of completing the Contract. You agree that no copy of any of the
        Articles will be made without the consent in writing of Our Authorised Officer. Until You return all the
        Articles to Us they shall be at Your risk and insured by You at your expense. All scrap arising from
        the supply of such Articles must be disposed of at Our discretion and all proceeds of sales of such
        scrap must promptly be paid to Us in full.

b       Any information derived from Our property or otherwise communicated to You in connection with the
        Contract shall be kept secret and confidential and shall not, without the consent in writing of our
        Authorised Officer, be published or disclosed to any third party, or made use of by You except for the
        purpose of implementing the Contract.

21.     OWNERSHIP OF RESULTS

If the Contract involves design and/or development work

a       All rights in the results of work arising out of or deriving from this contract, including inventions,
        designs, copyright and knowledge, shall be our property and We shall have the sole right to
        determine whether any letters patent, registered design, trademark and other protection shall be
        sought.

b       You shall promptly communicate to Us all such results and shall if requested and at Our expense do
        all acts and things necessary to enable Us or Our nominee to obtain letters patent, registered
        designs and other protection for such results in all territories and to assign the same to Us or Our
        nominee.

c       You shall ensure that all Technical information (including computer programmes and programming
        information) arising out of or deriving from this Contract is held in strict confidence except for any
        such information which becomes public knowledge other than by breach of this Contract.

22.     INFRINGEMENT OF PATENTS

With the exception of goods made to Our design or instructions, You warrant that neither the Goods nor Our
use of them will infringe any patent registered design trade mark, copyright or other protected right and
undertake to indemnify Us against all actions, claims, demands costs, charges and expenses arising from or
incurred by reason of any infringement or alleged infringements of any such right.

23.     NON-OBSERVANCE OF CONDITIONS


                                                                                                   33 | P a g e
If You breach or fail to observe any provision of this Contract We may give You written notice of such breach
or non-observance and You shall have twenty-eight days from receipt of the notice in which to rectify the
breach or non-observance. Should You fail to rectify the breach or non-observance, then We shall have the
right to give You written notice terminating the Contract with immediate effect.

24.     YOUR INSOLVENCY

If You become insolvent or bankrupt or (being a Company) make an arrangement with Your creditors or
have an administrative receiver or administrator appointed or commence to be wound up (other than for the
purpose of amalgamation or reconstruction) We may without replacing or reducing any other of our rights
terminate the Contract with immediate effect by written notice to You or any person in whom the Contract
may have become vested.

25.     ASSIGNMENT AND SUB-LETTING

The Contract shall not be assigned by You or sub-let as a whole. You shall not sub-let any part of the
Contract without Our written consent, but We shall not refuse such consent unreasonably. The restriction
contained in this condition shall not apply to sub-contracts for materials for minor details or for any part of
which the makers are named in the Contract. You shall be responsible for all work done and goods supplied
by all sub-contractors.
26.      CORRUPT GIFTS

In connections with this or any other Contract between You and Us You shall not give, provide or offer to Our
staff and agents any loan, fee, reward, gift or any emolument or advantage whatsoever. In the event of any
breach of this condition, We shall, without prejudice to any other rights that We may possess, be at liberty
forthwith to terminate this and any other contract and to recover from you any loss or damage resulting from
such termination.

27.     PUBLICITY

Neither You or your sub-contractor(s) shall without the prior written consent of the Purchasing Officer or the
Director of Finance of The University of Kent advertise or publicly announce that You are undertaking this
Contract.

28.     CONFIDENTIALITY

You shall keep confidential all information obtained under or in connection with the Contract. You shall
divulge confidential information only to those employees who are directly involved in the Contract and shall
ensure that such employees are aware of and comply with these obligations as to confidentiality. The
provision of this clause shall continue in perpetuity.

29.     WAIVER

A failure at any time to enforce any provision of the Contract shall in no way affect the right at a later date or
require complete performance of the Contract, nor shall the waiver of the breach of any provision be taken or
held to be a waiver of any subsequent breach of the provision or be a waiver of the provision itself.

30.     NOTICE

All notices and communications required to be sent by You or Us in this Contract shall be made in writing
and sent by first class mail and if sent to You sent to Your registered or head office and if sent to Us sent to
the address as detailed on the Purchase Order and shall be deemed to have reached the party to whom it is
addressed on the next business day following the date of posting.

31.     AMENDMENT

No addition, alteration or substitution of these Conditions will bind Us or form part of the Contract unless and
until accepted in writing by our Authorised Officer.



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32.     LAW

This Contract shall be subject to English Law and the jurisdiction of the English courts.




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