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This document outlines the terms and conditions of contract for all bids, contracts, and orders issued by the South African Nuclear Energy Corporation (Necsa) to service providers for the supply of goods, works, or rendering of services. It covers definitions, application of terms, agency, assignment, subcontracting, indemnity, liability, insurance, fees, payment terms, reports, deliverables, contract amendments, penalties, impossibility of performance, project plan variations, delays, force majeure, confidentiality, ownership and intellectual property, settlement of disputes, breach of agreement, termination for insolvency, notices, nonsolicitation of personnel, relaxation, validity, severability, variation, warranties, applicable law, governing language, and taxes and duties. Specific details regarding Service Level Agreements (SLAs) may amplify or amend these general terms and conditions.
The bid notice does not explicitly state a general delivery deadline. Specific deadlines would be detailed in the Service Level Agreement (SLA) or bid documents.
The bid notice states that Necsa shall pay the service provider fees as set out in the pricing schedule after the services have been fully performed and completed and the reports/deliverables have been accepted. Payments will be effected within thirty (30) days after the date of statement, made via electronic bank transfer. A retention fee of 10% of the contract value may be retained and paid within three (3) months of receipt of all goods and/or services and the issue of a certificate of acceptance.
The service provider warrants that goods supplied are new, unused, of the most recent models, and incorporate all recent improvements. They warrant that goods shall have no defects arising from design, materials, or workmanship, except when required by Necsa's specifications. This warranty remains valid for twelve (12) months after delivery and acceptance at the final destination, or eighteen (18) months after shipment, whichever is earlier, unless specified otherwise in the SLA.
If the service provider fails to deliver any or all of the deliverables or to perform the services within the specified periods, Necsa shall deduct a sum calculated in accordance with a formula specified in the penalty formula attached as annexure D of the Service Level Agreement, for each day of delay, without prejudice to its other remedies.
The bid notice does not specify a deadline for challenging the bid.