AI helper
This document outlines the standard terms and conditions for the provision of goods and services between Foskor Proprietary Limited and a contractor. It details definitions, warranties, performance security requirements, liquidated damages, payment terms (30 days after statement receipt), delivery conditions, term and termination clauses, risk and ownership transfer, confidentiality, intellectual property rights, indemnity, insurance requirements, force majeure, assignment and subcontractors, key personnel, audit rights, health, safety, and environmental compliance, independent contractor status, employee conduct, gifts and gratuities, governing law and jurisdiction (South Africa), arbitration procedures, breach clauses, and exclusion of other terms and conditions. It also includes provisions for conflict of interest and bribery, with Foskor having the right to terminate the agreement and seek repayment or damages in case of breaches.
The delivery conditions are set out in the letter of award.
The bid notice states he consideration shall be payable by foskor to the contractor 30 days after the date of statement received from the contractor unless otherwise agreed upon between the parties in writing.
The bid notice states he contractor warrants and represents to foskor that it shall in all respects comply with foskors requirements in respect of the services to be rendered goods to be delivered in terms of the rfp andor the letter of award.
The bid notice states without prejudice to any other rights or remedies available to foskor, the contractor shall pay liquidated damages to foskor for any delay in performance, poor performance or other specified breaches as set out in this agreement.
The bid notice states in the event of either party to this agreement failing to comply with its obligations in terms of this agreement and remaining in such breach for a period of 14 days after a written notice requiring it to remedy such a breach has been served on it by or on behalf of the aggrieved party, then and in that event, without derogating from any other remedy which it may lawfully have and without further notice, the aggrieved party shall be entitled to: **** terminate the agreement forthwith and institute action against the defaulting party for the recovery of damages which the aggrieved party may have suffered as a result of such breach **** institute action for the specific performance of the terms of this agreement andor the recovery of damages which the aggrieved party may have suffered.