15.1 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 unless provided otherwise in the contract. The supplier
further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship
(except when the design and/or material is required by the purchaserβs specifications) or from any act or omission of the
supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 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.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or
replace the defective goods or parts thereof, without costs to the purchaser.
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15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed
to take such remedial action as may be necessary, at the supplierβs risk and expense and without prejudice to any other rights
which the purchaser may have against the supplier under the contract.
16 Payment
16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfillment of other
obligations stipulated in the contract.
16.3 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.
16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
17 Prices
17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices
quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaserβs request for
bid validity extension, as the case may be.
18 Contract amendments
18.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties
concerned.
19 Assignment
19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaserβs prior
written consent.
20 Subcontracts
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the
bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
21 Delays in the supplierβs performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule
prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely
delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the
delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplierβs notice, the purchaser shall
evaluate the situation and may at his discretion extend the supplierβs time for performance, with or without the imposition of
penalties, in which case the extension shall be ratified by the parties by amendment of contract.
21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial
department, or a local authority.
21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an
emergency arises, the supplierβs point of supply is not situated at or near the place where the supplies are required, or the
supplierβs services are not readily available.
21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the
supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to
GCC Clause 21.2 without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling the
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contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied
in conformity with the contract and to return any goods delivered later at the supplierβs expense and risk, or to cancel the
contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to
claim damages from the supplier.
22 Penalties
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s)
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. The purchaser may also consider
termination of the contract pursuant to GCC Clause 23.
23 Termination for default
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any
extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for
or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such
manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the
purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of
the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the
supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed
a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.
Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the intended penalty as not
objected against and may impose it on the supplier.
23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the Accounting Officer /
Authority, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly
exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or
person the first-mentioned person, is or was in the opinion of the Accounting Officer / Authority actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with
the following information:
a. the name and address of the supplier and / or person restricted by the purchaser;
b. the date of commencement of the restriction
c. the period of restriction; and
d. the reasons for the restriction.
23.6.1 These details will be loaded in the National Treasuryβs central database of suppliers or persons prohibited from doing
business with the public sector.
23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of
Corrupt Activities Act, No. , the court may also rule that such personβs name be endorsed on the Register for Tender
Defaulters. When a personβs name has been endorsed on the Register, the person will be prohibited from doing business with
the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the
Register must be open to the public. The Register can be perused on the National Treasury website.
24 Anti-dumping and countervailing duties and rights
24.1 When, after the date of bid, provisional payments are required, or antidumping or countervailing duties are imposed, or the
amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized
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import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the
said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or
where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be
paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise be
due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the
contract or any other contract or any other amount which may be due to him.
25 Force Majeure
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance
security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his
obligations under the contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause
thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the
contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the
force majeure event.
26 Termination for insolvency
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.
27 Settlement of Disputes
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising
out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the
purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect
of this matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.
27.5 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.
28 Limitation of liability
28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;
i. the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and
ii. the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed
the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective
equipment.
29 Governing language
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by
the parties shall also be written in English.
30 Applicable law
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.
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31 Notices
31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to
him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such
posting shall be deemed to be proper service of such notice
31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be
reckoned from the date of posting of such notice.
32 Taxes and duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside
the purchaserβs country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods
to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid the Department
must be in possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the
South African Revenue Services.
33 National Industrial Participation (NIP) Programme
33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to
the NIP obligation.
- Prohibition of Restrictive practices
34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between, or concerted practice
by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder (s) is
/ are or a contractor(s) was / were involved in collusive bidding (or bid rigging).
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have engaged in the
restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and
possible imposition of administrative penalties as contemplated in the Competition Act No. .
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Specifications or terms of reference
Office of the Commissioner: Border Management Authority
No: 67 Koranna Avenue, Doringkloof, Centurion 0157
012 432 6629
Request or quotation for procurement of internet services for app system for a period of 24 months.
Invitation to Quote Standardized August 2026
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- Not to make any award in this bid or accept any proposals submitted,
- Award the project to more than one (1) Respondent for the same activity
- Request further technical/functional information from any Respondent after the closing date,
- Verify information and documentation of the Respondent(s),
- Not to accept any of the bid document submitted,
- To withdraw or amend any of the bid conditions by notice in writing to all Respondents prior to
closing of the bid and post award, and
- If an incorrect award has been made to remedy the matter in any lawful manner it may deem fit.
- Apply objective criteria
- Service providers are not allowed to utilize employees that are non-South African Citizen, this may
lead to contract termination unless vetted and having work permit.
- The service provider will be paid in South African Rands, on a fixed price (Inclusive of VAT) for the
service rendered.
- Payment will be made within 30 days of receipt of the approved invoice according to an agreed
payment schedule.
- Payment will be against the key deliverables as set out in section 4 above, provided professional-level
quality standards have been met. Disputes as to what constitutes a reasonable standard will be
referred to an agreed provider of arbitration services.
- Disbursements must not exceed 10% of the total amount paid to the service provider and will be paid
only if original receipts are provided against a list of expenses that are agreed in advance of the costs
being incurred.
- Delivery basis ..........................................
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** βall applicable taxesβ includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
*Delete if not applicable
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4.5. Type of company/ firm
οΏ Partnership/Joint Venture / Consortium
οΏ One-person business/sole propriety
οΏ Close corporation
οΏ Public Company
οΏ Personal Liability Company
οΏ (Pty) Limited
οΏ Non-Profit Company
οΏ State Owned Company
[Tick applicable box]
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify
that the points claimed, based on the specific goals as advised in the tender, qualifies the
company/ firm for the preference(s) shown and I acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof
to the satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state may, in addition to any
other remedy it may have β
(a) disqualify the person from the tendering process;
(b) recover costs, losses or damages it has incurred or suffered as a result
of that personβs conduct;
(c) cancel the contract and claim any damages which it has suffered as a
result of having to make less favourable arrangements due to such
cancellation;
(d) recommend that the tenderer or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted from obtaining business from any organ of
state for a period not exceeding 10 years, after the audi alteram partem
(hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.
..............................................
Signature(s) of tenderer(s)
Surname and name: ................................................................
Date: ...............................................................
Address: ...............................................................
...............................................................
...............................................................
...............................................................
commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its
components.
1.7 βDayβ means calendar day.
1.8 βDeliveryβ means delivery in compliance of the conditions of the contract or order.
1.9 βDelivery ex stockβ means immediate delivery directly from stock actually on hand.
1.10 βDelivery into consignees store or to his siteβ means delivered and unloaded in the specified store or depot or on the specified
site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the
supplies are so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the
country of origin and which have the potential to harm the local industries in the RSA.
1.12 βForce majeureβ means an event beyond the control of the supplier and not involving the supplierβs fault or negligence and not
foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or
revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
1.13 βFraudulent practiceβ means a misrepresentation of facts in order to influence a procurement process or the execution of a
contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed
to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.
1.14 βGCCβ means the General Conditions of Contract.
1.15 βGoodsβ means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser
under the contract.
1.16 βImported contentβ means that portion of the bidding price represented by the cost of components, parts or materials which have
been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad,
plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or
duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the
supplies covered by the bid will be manufactured.
1.17 βLocal contentβ means that portion of the bidding price which is not included in the imported content provided that local
manufacture does take place.
1.18 βManufactureβ means the production of products in a factory using labour, materials, components and machinery and includes
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design
rights arising from use of the goods or any part thereof by the purchaser.
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the
performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the
supplierβs failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to
the purchaser and shall be in one of the following forms:
7.4 a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaserβs country or abroad,
acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or
7.5 a cashierβs or certified cheque
7.6 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following
the date of completion of the supplierβs performance obligations under the contract, including any warranty obligations, unless
otherwise specified in SCC.
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to
manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.
11.2 Upon appointment by the Head of Department the service provider will be required to have a Professional Indemnity insurance
of a minimum cover of R160 million.
13.1 The supplier may be required to provide any or all of the following services, including additional services, if any, specified in
Scc:
(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the
parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and
(e) training of the purchaserβs personnel, at the supplierβs plant and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.
14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information
pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve
the supplier of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to
procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of
the spare parts, if requested.
15 Warranty
15.1 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 unless provided otherwise in the contract. The supplier
further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship
(except when the design and/or material is required by the purchaserβs specifications) or from any act or omission of the
supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 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.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or
replace the defective goods or parts thereof, without costs to the purchaser.
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the
bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
21 Delays in the supplierβs performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule
prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely
delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the
delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplierβs notice, the purchaser shall
evaluate the situation and may at his discretion extend the supplierβs time for performance, with or without the imposition of
penalties, in which case the extension shall be ratified by the parties by amendment of contract.
21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial
department, or a local authority.
21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an
emergency arises, the supplierβs point of supply is not situated at or near the place where the supplies are required, or the
supplierβs services are not readily available.
21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the
supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to
GCC Clause 21.2 without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling the
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s)
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. The purchaser may also consider
termination of the contract pursuant to GCC Clause 23.
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any
extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for
or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such
manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the
purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of
the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the
supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed
a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.
Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the intended penalty as not
objected against and may impose it on the supplier.
23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the Accounting Officer /
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance
security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his
obligations under the contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause
thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the
contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the
force majeure event.
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising
out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the
purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect
of this matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.
27.5 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.
28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;
i. the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and
ii. the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed
the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective
equipment.