Appointment of a service provider to perform specialized traffic surveying on provincial roads in Gauteng province for a period of three years. The General Conditions of Contract July **** apply. Bidders must be familiar with the rights and obligations of all parties. Special Conditions of Contract (SCC) may supplement the GCC and will prevail in case of conflict. All pre-bidding testing will be for the account of the bidder. If inspection is a bid condition, the premises shall be open for inspection. If supplies or services do not comply with contract requirements, the cost of inspections, tests, or analyses shall be defrayed by the supplier. Rejected supplies may be removed at the supplier's cost and risk, and substituted. The supplier warrants that goods are new, unused, and free from defects. Warranty is valid for 12 months after delivery or 18 months after shipment. Payment will be made promptly, no later than 30 days after submission of an invoice. Prices shall not vary from quoted prices unless authorized. No variation to the contract unless in writing. Supplier shall not assign obligations without prior written consent. Delays in delivery may result in penalties or termination of the contract. Penalties are calculated on the delivered price of delayed goods or unperformed services. Termination for default may occur if the supplier fails to deliver or perform obligations, or engages in corrupt/fraudulent practices. The purchaser may impose a restriction penalty on the supplier. Disputes may be settled by mutual consultation, mediation, or a South African court of law. Supplier liability is limited to the total contract price, excluding criminal negligence or willful misconduct.
Payments shall be made promptly by the purchaser, but in no case later than thirty 30 days after submission of an invoice or claim by the supplier.
The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials. This warranty shall remain valid for twelve 12 months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen 18 months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in scc.
Subject to gcc clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the periods specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance.
If a bidders or contractors, has have been found guilty by the competition commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bids for such items offered, and or terminate the contract in whole or part, and or restrict the bidders or contractors from conducting business with the public sector for a period not exceeding ten 10 years and or claim damages from the bidders or contractors concerned.