CONDITIONS OF TENDER
1 (a) This tender shall remain open for 5 days from the date hereof, at the end of which period the tender shall be regarded as having been withdrawn unless extended by mutual agreement and by notice in writing to such effect.(b) No binding agreement shall come into existence in terms of this tender unless and until we have confirmed in writing receipt of the customers order or acceptance of this tender and have agreed to execute the order. (c) In the event of the customer’s order or acceptance containing any terms or conditions inconsistent with those set out herein, the conditions of this tender shall prevail, save to the extent to which we have specifically accepted in writing the customer’s said terms or conditions.
2. The contract price is based upon cost of materials and labour at the date of tender, and the final contract price shall be subject to variation in accordance with the annexure hereto relating to cost escalations. (a) Unless otherwise stated in writing, payment shall be made of each portion of the plant as delivered ex-works, and shall be made free of bank exchange and commission or other deductions in Zimbabwean currency, at our office in Harare, upon presentation of invoice. (b) In the event of any amount remaining unpaid 14 days after due date, we shall have the right to charge interest therein at the rate of 2% per annum over the prime lending rate of the Reserve Bank of Zimbabwe Limited from time to time, from due date until date of payment. (c) Ownership in the plant shall pass to the customer only upon payment in full, until which time the plant shall remain in our payment in full, until which time the plant shall remain in our ownership and we shall have the right, without recourse to law, to retake possession thereof.
4. Unless otherwise stipulated, the tender price does not include rail age, transport charges and sales tax or any other form of import, all of which shall be for the customer’s account
5. This tender is subject to current rates of foreign exchange, shipping, freight, insurance, duty, railage and coastal charges, and surcharge prevailing, and in the event of any increase in such charges between the date of tender and the date of delivery or commissioning, we reserve the right to increase the final contract price by the amount of the increase in such charges in so far as they affect this contract, notwithstanding anything to the contrary contained in clause to herein above.
6. This tender includes only the supply of the material and/or labour in the performance of the services herein specified. Any additional goods delivered or work carried out by reason of the customer’s instructions or at the insistence of Government of Municipal or other authorities shall be added to the tender price and paid for accordingly.
7. Where the tender includes erection, unless otherwise stated herein: (a) the customer shall, at his own expense. (i) Prepare the site and provide foundations; and (ii) Carry out any work of cutting away or making good existing structures. (b) (b) there shall be added to the tender price and paid by the customer accordingly, any extra costs incurred by us by reason of suspension of work, delays, overtime or other causes beyond our control or arising from the customer’s instructions or default; (c) where we undertake to start up and hand over machinery in running order, the customer will supply all power, fuel, oil, water and auxiliary labour when necessary, for this purpose. When from cases beyond our control, starting up cannot take place on completion of erection, we reserve the right to withdraw our erecting staff and make an additional charge for their further attendance.
8. (a) Unless otherwise agreed, the plant and any additional goods shall be delivered to the customer at our works and the customer shall accept delivery immediately such plant and/or additional goods are tendered; (b) If, for any reason delivery is not accepted when tendered, or if in any case in which we have undertaken to deliver the plant to site, storage or other requisite facilities at site are inadequate, we shall be entitled to store the plant and additional goods at our premises or other premises and recover from the customer a charge of 0,1% of the contract price of each week or part thereof such storage, together with the costs of transport to and from, and the costs of extra crane age necessary. (c)The plant shall be at the risk of the customer upon delivery or if the customer, upon the date on which the plant and/or additional goods were ready for delivery; does not accept delivery; (d) In any event, risk or damage or destruction by war, strike, riot, civil commotion and malicious damage shall be done by the customer from the time when the equipment is complete ex or works, notwithstanding that transportation to the site may be undertaken by us.
9. Illustrations, Drawings, Dimensions or weights submitted in connection with this tender are given in good faith and are approximate only and shall not form part of the contract, unless specifically confirmed by us. We would certify such drawings.
10. We shall use our best endeavors to implement any contract resulting from this tender within the time fixed by such contract or any extension thereof, but we shall not be held responsible for delay in delivery or erection to breakdown of machinery, strikes, labour disputes, war, riot, civil commotion, shortage of materials or labour, delay in delivery from sources outside Zimbabwe by shippers or manufacturers, transportation, accidents, regulations or order of any Government, Municipal or other authority or other causes beyond our control. The customer shall not be released from his contrary by reason of any such delay.
11. Where we manufacture or supply goods to customers’ specifications and/or drawings or carry out work according to customers’ instructions or those of his advisers, we accept no responsibility for the efficiency or workability or goods manufactured or work carried out.
12. We shall repair, or, at our discretion, replace free of charge at point of delivery in terms of the contract, any part of new machinery or plant that may prove defective due to faulty workmanship or material. No claim in respect of defective or faulty workmanship or material shall be maintainable against us three (3) months after due date of delivery unless otherwise provided in the contract. Any work carried out by us under guarantee will be the contract. Any work carried out by us under guarantee will be done during normal working hours, but if requested by the customer, we shall, if possible, carry out such work after normal working hours and the additional cost of this labour shall be for the customer’s account. Other than the undertaking herein expressed, no warranty or representation shall be taken, to be given or implied by us.
13. Under no circumstances shall we be responsible for the loss of customer’s profit or for any consequential or indirect damage.
14. In the event of the customer defaulting in payment, we shall have the right to recover from him on demand all costs, including costs as between attorney and client and collection charges, incurred by us in recovering or attempting to recover payment.
15. Without prejudice to our rights in terms of Clause16 hereof, we shall have the right to suspend work in the event of the customer’s failure to make any payment on due, or to comply with any of the dispute between, us and the customer during the period of the contract.
16. In the event of the customer committing a breach of any of the terms or conditions of tender or- (a) being an individual, dying, surrendering his estate or being declared insolvent, whether provisionally or finally; or (b) being a partnership, being dissolved or (c) being a company, being placed in liquidation, whether provisionally or final, or under judicial management or (d) Compromising or attempting to compromise with its creditor, or entering into a scheme of arrangement, save for the purpose of reconstruction, – we shall have the right summarily to cancel the contract and claim payment immediately of the amount due to us in respect of work performed to date of cancellation, without prejudice to our claim for damages for breach of contract.
17. Copyright in any drawing or drawings supplied with the equipment belongs to us or to our principal and the customer shall not dispose of or re-produce the drawing or drawings without our prior written consent.
18. Unless otherwise stipulate Cochrane Pump Zimbabwe are supplied with curve tolerances according to ISO 2548 – 1973 (E) Amendment. B. (BS 5316 Part 1 1976). CPZ 01/12/2006