INVITATION FOR GENERAL TENDER No. 18/2015/2016/A

ARAB REPUBLIC OF EGYPT

SPRING & TRANSPORT NEEDS MANUFACTURING CO. YAYAT

8 EL MASSANEH STREET

AMERIAH, CAIRO

EGYPT.

For supplying of Straight Grinding Wheels 1520/1500*700*150mm

GENERAL CONDITIONS OF TENDER
ART.1 OBJECT OF TENDER:
Tenderers are invited by "yayat" for supplying Straight Grinding Wheels(1520/1500*700*150mm) and for articles described in the particular specifications and technical conditions lists or drawing here to attached which from an integral part of these condition.
ART.2 SUBMISSION OF TENDER AND SAMPLE:
The tenderer must submit their offers signed by them in two sealed envelopes as the following:
1- First envelop for technical offer which declare (description of Straight Grinding Wheels) accompanied with provisional deposit which not exceeding 2% of the value of tender.
2- Second envelop of the financial offer which contains the prices list in details. This envelop must be opened after the technical report is finished by technical committee and for accepted technical offers.
- both envelops must bear the following inscriptions:-
a- Tender no : 18 / 2015 / 2016/ A General.
b- Opening date: 22 / 6/ 2016 not later than 11 o'clock noon.
c- addressed :
SPRING &TRANSPORT NEEDS
MANUFACTURING COMPANY
8 EL MASSANEH STREET
P.O.B EL AMERIAH, CAIRO, A.R.E
Tel :( 002-02)22842331
Fax :( 002-02)22840485
E-mail: ceo@yayat.com
- The two envelops must be submitted by the tenderer or his agent in Egypt in the due date.
- No alterations to the conditions of tender are accepted after the date fixed for receipt of tender.
- A provisional deposit with 2% of the value of the tender and copy of past experience work must be enclosed in the technical envelope.
ART.3 VALIDITY OF OFFERS:
Offers shall be valid until 21 / 8 /2016.
ART.4 BASIS OF INTERPRETATION OF CONTRACT:
The signing of the form of tender by the tenderer shall be in acceptance by him for all the stipulations and provisions of these conditions and of the specifications and the technical conditions as integral part of the contract. The supply must be effected in accordance with the conditions prescribed by these general conditions and the said specifications and technical conditions- if any- which together with the signed form of tender and "yayat`s" final acceptance thereof shall constitute the contract.
ART.5 ADMISSION OF TENDER:
If any-such tender for the supply of goods not manufactured by the tenderer sall be accepted, the tenderer shall nevertheless be and remain responsible in all respects for the quality and workmanship there of and otherwise for the due and proper performance of the contract.
In case the tenderer shall sub-contract with another subcontractors for the execution of any part of the contract, he must indicates in his tender the name and the address of the sub-contractor and sufficient details of the part of the contract to be confined to him and submit a written acceptance from the sub-contractor to execute the same. the acceptance of "yayat" of such sub-contractor does not-in any way diminish, or have any effect on the complete responsibility of the contractor for the due and proper execution of the contract.
N.B: AS FOR SPRING STEEL:
The tender must be producers or their local agents in Egypt.
The tenders must be accompanied with a certificate issued by their native chamber of commerce and approved by Egyptian embassy in their country.
ART.6 PROVISIONAL DEPOSIT:
As a condition precedent to the admission of any tender, the tenderer shall on or before, the date and time for the latest reception of tender-deposit a letter of guarantee free from any condition covering a sum-equal to 2%(two percent)of his tender value as provisional deposit valid for a period of at least one month after the expiration of the validity of tender.
This letter of guarantee must be issued by a first class bank and that not established in Egypt must be endorsed by a first class Egyptian bank.
In case of unsuccessful tenders, the provisional deposits will be sent to the banks, which issued or endorsed them.
The said letter of guarantee shall be issued in the form attached as annex no. 1 to these conditions.
ART. 7 GUARANTEE DEPOSIT:
In case of acceptance of this tender the supplier must deposit within (10) days a letter of guarantee free from any conditions covering (10%) of the order value, valid and maintained at it’s full amount till the complete execution of the order. The form letter of guarantee will be as annex no.11
This guarantee represents:
1) Security for proper performance of order.
2) Recovery of any payment or any penalty or damager may arise.
ART. 8 GUARANTEE PERIOD:
The supplier undertakes to guarantee for a period of
( 1 ) year from the date of completion of supply the articles contracted for such articles to be guaranteed of first class workmanship and best materials and according to specifications.
During the guarantee period if any of these articles found defective not due to normal wear and tear or bad handling by "yayat" will be born by the supplier or replaced free of charge on his own account.
The supplier will be notified with such defective articles to make goods of such defects otherwise "yayat" has the right to remove or repair it at his expenses without any contest from him.
Replaced or repaired articles are to be guaranteed for extra ( 12 ) months from date of completion of such repair or replacement.
ART. 9 PRICES :
Prices should be firm, final and not subject to any change within the tenders validity.
Prices to be quoted on( F.O.B. & C&F) basis including packing charge and must be written in figures and words and the lump sum of tender price must be indicated also.
ART. 10 CREDIT FACILITIES:
Tenderer shall in his tender, offer to provided credit facilities of the tender price and shall stipulate the terms and conditions for such credit facilities. Long period for deferred payments and low. Rate of interest shall have preference.
ART. 11 DELIVERY TERMS:
Partial delivery : Not allowed
ART. 12 INSPECTION:
The materials or articles contracted for will be examined and approved for quality before shipment either (a) "yayat's" representatives who will be nominated to the supplier after contracting. Or (b) by the supplier himself.
An inspection certificate will be issued by inspectors/ suppliers and presented to the bank together with shipping documents mentioned in credit terms.
The supplier undertakes to provide at his own expenses, at his works or any other works, all necessary facilities materials tools technicians and test pieces for all the tests and chemical analysis through the entire manufacture procedure or the finished products according to the decision of "yayat's" inspector.
It is quite understood that the inspection and testing as specified under this article shall not in any way release the supplier from his own obligations with regard the guarantee period.
The date for the presence of "yayat's" inspectors at supplier's works will be agreed upon with the supplier.
ART. 13 PACKING, PACKING MARKS&SHIPPING:
Packing shall be effected unsuitable, strong seaworthy packing protected to prevent damages or deterioration their of during transport.
Contract No.
Package no. "yayat" Gross wt.
Not of packages Cairo Net wt.
Port of shipping Port of destination
Shipping instructions will be issued by "yayat's" shipping agent whom the supplier has to contract as soon as the goods are ready for shipment.
Shipment shall not be effected on ships calling on Israeli ports before arriving Egyptian port.
ART. 14 SHIPPING NOTIFICATION:
Upon shipment of goods the supplier must airmail to "yayat" two complete sets of shipping documents and relative invoices for customs purpose.
ART. 15 PAYMENT:
Our of documentary L/C established in favor of supplier, valid for the period of delivery contracted for any extension for validity –incase requested by supplier-due to delay in delivery-relative expenses for such extension will be born by him. Partial payments from credit are permissible.
Payment shall be in accordance with trade agreement between Egypt and country of supplier.
The value of each consignment shall be paid to supplier against his submission to the bank, the following documents:
A) Commercial invoices one original legalized from chamber of commerce and tow copes.
B) full set of clean on board bill of lading (in triplicate) or mat`s receipt.
C) Inspection certificate issued by the supplier must be legalized.
D) Insurance certificate (in triplicate) in case of delivery C.I.F
E) Certificate of origin (in triplicate) if country from European Union didn’t legalized or must be legalized from chamber of commerce and legalized by Egyptian Embassy.
F) Guarantee certificate for the material delivered (in triplicate)
G) Packing & Weight lists (in triplicate)
ART.16 DELAY IN DELIVERY AND PENALITY FOR DELAY:
IN the event of delay "yayat" has the right to inflict a fine equal to 1% of the value of quantities or items not delivered in due time for every full or part of week of delay.
The total fine deducted shall not exceed 4% of the total value of the order.
The amount of penalties will be deducted from the credit or the guarantee deposit.
If the supplier proves that the delay arises from causes beyond his control .
"yayat" has the right to consider his situation and waive all or part of the penalties.
ART.17 CANCELLATION:
"Yayat" has the right to cancel the contract in case :-
a) The supplier fails to deliver the whole or part of material according to stipulations of contract for a period exceeding three months from the date fixed for delivery even for reasons beyond his control.
b) If the supplier inspire of notice sent to him in writing by "yayat" continues to commit in the execution of the contract repeated breaches.
c) Cancellation takes place by registered letter send to the supplier`s address without further formalities or any other proceedings and "yayat" shall have the right to confiscate the guarantee deposit without being called upon to give any explanation white so ever and without any need to prove damage or to res ort to any formality, juridical or otherwise.
It the supplier proves to the satisfaction of "yayat" that the delay in delivery raised from causes of force majeure "yayat" will release the guarantee deposit.
ART.18 DUES,AND BANK CHARGES:
It is understood that all dues such as taxes custom& stamp duties and bank charges levied in A.R.E.in connection with the execution of the contract will be born by "yayat".
Others will be born by supplier.
ART.19 FORCE MAJEURE:
Force majeure are contingencies caused by neither of the parties and which are unforcable at the time of concluding the contract, uncontrollable and which render the further performance of the contractual obligations impossible as for instance, acts of war : blockades, revolution, strikes lock-out and acts of God.
Force majeure as aforesaid shall release the concekned party from the timely fulfillment of it's contractual obligation the execution of which has become impossible upon the occurrence of any such contingencies.
The party suffering the reform shall immediately give the other party notice in writing of the cause of delay. Such notice shall be confirmed official evidence.
In case force majeure as above mentioned both parties shall agree on the necessary arrangements for the implementation of the contract taking into consideration there in mutual interest.
ART.20 ARBITRATION:
Any dispute or difference arising out of/or in connection with the contracted and which could not be settled amicably between the parties, shall be finally settled under the rules of conciliation and arbitration of the international chamber of commerce in Paris by an arbitration committee of three arbitrators appointed in accordance with the said rules.
The arbitration committee shall meet at any place to be agreed upon by the a parties failing such an agreement, the meetings shall be held in Cairo.
In case the parties do not determine by mutual agreement.
The law to be applied to the substance of dispute or difference, then the arbitration committee shall apply the law which the contract has the most real connection as shown by the objective facts of the case in both cases, the terms of the contract and the trade usages.
The arbitral award shall be final and subject to no appeal and shall deal with the question of the costs of arbitration and shall direct who is to pay costs and all matters relating there to or in what manner the costs are to be divided between the parties.
ART.21 LANGUAGE:
The English language shall be the language to be used in all correspondences, instructions, catalogues, brochures, pamphlets, documents, labels on deliveries and other data to be given.
FORM OF LETTER OF GUARANTEEFOR THE PROVISIONAL GUARANTEE DEPOSIT
TO: SPRING & TRANSPORT NEEDS MANUFACTURING CO.
8 EL MASSANEH STREET
AMERIAH, CAIRO, A.R.E.
- With Reference To The Tender Of Messers ………………..
- In Connection With The Adjudication No …………………
- For The Supply Of …………………………………………………..
To SPRING & TRANSPORT NEEDS MANUFACTURING CO.
- We Hereby Undertake the Hold At your Disposal, As Provisional guarantee Deposit , Free Of Interest And Payable In Cash On Your First Demand , And Not Withstanding Any Contestation. The Sum Of ………………………………………………………………….. ( ………………………………………………………………………… )
- This Undertaking Remains In Force Until A Decision Is Taken On The Tender And ( In The Event Of The Whole Or Part Of The Tender Being Accepted ) Until Such Time As The Above Mentioned Tenderers Have Provided Such Final Guarantee Deposit As May Be Required By The Said Authority , But Will In Any Case Automatically Expire On The ………………….
- should we receive on Claim From You By That Date, Our Liability Will Cease " Ipso Facto "
And The Present Letter Of Guarantee Will Definitely Become Null And Void.
- Please Return To Us This Letter Of Guarantee on expiry, For Cancellation.
Signature I Signature Ii
..………………. …………………
N.B:
In Case This Letter Of Guarantee Is Issued By Foreign Bank Therefore It Should Be Confirmed By His Correspondent Bank In A.R.E. By Adding The Following Text To The Letter Of Guarantee:-
" Contents Of Which We Confirm And Engage Ourselves "
" Towards SPRING & TRANSPORT NEEDS MANUFACTURING CO. To Its Terms "
Signature I Signature Ii
..………………. …………………
FORM OF LETTER OF GUARANTEE FOR THE DUE EXECUTION AND PROPER PERFORMANCE OF CONTRACT
to:
dear sirs,
with reference to the contract concluded on between
SPRING & TRANSPORT NEEDS MANUFACTURING CO. and
MESSRS:
for for the total contract price of.
. we hereby irrevocable and unconditionally guarantee the contractor up to the sum of 10% of the total contract price i.e. for the due exection and proper performance of the contract, and we undertake to pay to you on your first demand writing to us any amount you may claim up to and not exceeding this sum, not with standing any contestation of the contractor or any other party.
This letter of guarantee shall be valid from the day it is issued until the fulfillment of the contractor's obligations and guarantees under the contract i.e until
In case the contractor's guarantees are extended according to the contract, the validity period shall automatically be extended accordingly for the amount of 10% of the price of deliveries for which the contractor's guarantees have been extended.
Should we receive no claim from you up to the date of expiry of this letter of guarantee our liability will become null and avoid.
Pleas return to us this letter of guarantee as soon as its validity expires.
BANK
TENDER NO(18/2015/2016/A General) FOR SUPPLING OF
(Straight Grinding Wheels 1520/1500*700*150mm)
SPRING & TRANSPORT NEEDS MANUFACTURING COMPANY."YAYAT"
8,Elmassaneh Street Ameriah, Cairo, Egypt
? Tel :( 002-02)22842333/22849635/22842332
Fax :( 002-02)22840485 E-mail:ceo@yayat.com
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