Provision of R44 (raven Ii) Helicopter Services for a Period of Three (3) Years with an Option to Extend for a Further Period of Two (2) Years.

The successful service provider will be expected to provide a total of approximately 1140 hours of

flying time in a Robinson R44 (Raven II) over the 3-year duration of the contract. This time is to be

divided up as described in Table 1 below.

The hours stated below are estimated, actual hours flown may fluctuate based on annual

requirements and the institution’s financial budget. The quoted rates will, however, remain fixed

throughout the contract period.

Year Activity Estimated Hours

1 Game Census 180

Research & Monitoring (Rhino notching and monitoring,

Elephant monitoring, fitting and removing tracking collars, fire

mapping, survey work, coastal monitoring etc.) (All provincial

nature reserves within the Eastern Cape)

Veterinary immobilization of buffalo and other high value

species during capture operations (Great Fish River, 70

Baviaanskloof & Mpofu Nature Reserves)

Operational Emergencies (Escaped animals etc.) (All

Emergency surveillance/anti-poaching flights and

deployment of rangers, dog handlers and tracker/attack dogs 50

(Great Fish River Nature Reserve)

Total for year 1 380

2 Game Census 180

Research & Monitoring (Rhino notching and monitoring,

Elephant monitoring, fitting and removing tracking collars, fire

mapping, survey work, coastal monitoring etc.) (All provincial

nature reserves within the Eastern Cape)

Veterinary immobilization of buffalo and other high value

species during capture operations (Great Fish River, 70

Baviaanskloof & Mpofu Nature Reserves)

Year Activity Estimated Hours

Operational Emergencies (Escaped animals etc.) (All

Emergency surveillance/anti-poaching flights and

deployment of rangers, dog handlers and tracker/attack dogs 50

(Great Fish River Nature Reserve)

Total for year 2 380

3 Game Census 120

Research & Monitoring (Rhino notching and monitoring,

Elephant monitoring, fitting and removing tracking collars, fire

mapping, survey work, coastal monitoring etc.) (All provincial

nature reserves within the Eastern Cape)

Veterinary immobilization of buffalo and other high value

species during capture operations (Great Fish River, 70

Baviaanskloof & Mpofu Nature Reserves)

Operational Emergencies (Escaped animals etc.) (All

Emergency surveillance/anti-poaching flights and

deployment of rangers, dog handlers and tracker/attack dogs 50

(Great Fish River Nature Reserve)

Total for year 3 320

Option to extend for two (2) years

Year Activity Estimated Hours

4 Game Census 180

Research & Monitoring (Rhino notching and monitoring,

Elephant monitoring, fitting and removing tracking collars,

fire mapping, survey work, coastal monitoring etc.) (All

provincial nature reserves within the Eastern Cape)

Veterinary immobilization of buffalo and other high value

species during capture operations (Great Fish River, 70

Baviaanskloof & Mpofu Nature Reserves)

Operational Emergencies (Escaped animals etc.) (All

Emergency surveillance/anti-poaching flights and

deployment of rangers, dog handlers and tracker/attack 50

dogs (Great Fish River Nature Reserve)

Total for year 4 380

Year Activity Estimated Hours

5 Game Census 180

Research & Monitoring (Rhino notching and monitoring,

Elephant monitoring, fitting and removing tracking collars,

Year Activity Estimated Hours

fire mapping, survey work, coastal monitoring etc.) (All

provincial nature reserves within the Eastern Cape)

Veterinary immobilization of buffalo and other high value

species during capture operations (Great Fish River, 70

Baviaanskloof & Mpofu Nature Reserves)

Operational Emergencies (Escaped animals etc.) (All

Emergency surveillance/anti-poaching flights and

deployment of rangers, dog handlers and tracker/attack 50

dogs (Great Fish River Nature Reserve)

Total for year 5 380

1.1. Helicopter requirements:

Bidders are expected to provide a reliable, well-maintained Robinson 44 (Raven II) helicopter that:

• Can seat and carry the pilot and 3 passengers.

• Is equipped with an operational communication system inclusive of a ground to air radio and

• Can have the doors removed

• Can have a portable GPS mounted in the cabin

• That has a functioning 12v power port.

Bidders are expected to:

• Be an existing helicopter service provider in the wildlife capture and or conservation

management industry.

• Provide a suitably qualified pilot for the duration of the contract.

• Base a helicopter within a maximum radius of 200km of Great Fish River Nature Reserve

(center point S -33.0516, E 26.8276) for the duration of the contract. Potential bidders

located outside of this radius are encouraged to consider basing a helicopter within the

designated area in order to be eligible for this bid. (Please refer to Ferry Cost for detail)

• Have near-immediate access (within 24 hours) to suitable backup helicopters of the same

specification for use in the event of mechanical failure or other problems. Backup helicopters

• Be responsible for the helicopter maintenance.

• Be responsible for own fuel and for the logistics of getting fuel to refueling sites. Fuel to be

delivered to site in sealed 200l drums or an appropriate bowser.

• Be capable and suitably equipped to deliver fuel to remote areas with bad access roads.

bidders should at least have access to a 4x4 vehicle with a robust trailer or bowser.

• Procure fuel from suppliers based in the Eastern Cape

• Ensure that they always have at least one day’s fuel in reserve during longer-term operations.

implementation. Penalties for non-conformance to submitted proposal will be imposed.

1.2. ECPTA Responsibilities

ECPTA will:

• Provide basic accommodation for the pilot and up to two assistants during capture operations,

rates for the accommodation will be communicated to the appointed bidder. The appointed

bidder will also have an option of residing in private accommodation at its cost during the

course of the operation.

1.3. Indicative Time Frames

The work is scheduled to take place as follows:

• Game census work: June - August of each year

• Research and monitoring: Any time during the year

• Darting of buffalo: April - May of each year

• Darting and chemical immobilization of other species: April - Sept of each year

• Operational emergencies: Any time of the year.

The time frames provided above may change according to operational requirements. Wherever

possible ECPTA will book dates in advance and strive to select mutually agreeable dates with the

service provider.

1.4. Location and Ferry of helicopter

• ECPTA will cover the ferry costs between the designated home base and the callout

destination, provided that the home base is located within 200km of Great Fish River Nature

Reserve (centre point S -33.0516, E 26.8276).

• Any ferry time flown outside of the specified maximum radius will not be covered by ECPTA

and will be at the bidders own cost.

2. Evaluation Criteria

A Two (2) stage evaluation process will be employed. In Stage 1 all bids received will be evaluated

for administrative compliance. Only service providers who are responsive on Stage 1 will proceed

to Stage 2 where bids will be assessed for price and specific goals in accordance with the Preferential

Procurement Regulations of 2022 utilizing 80/20-point scoring system.

Stage 1: Administrative Compliance

• A valid Air Operating Certificate (AOC) issued by the South African Civil Aviation

• Class III Air Services License (Issued by the Air Service Licensing Council of South

Africa) with categories of Aircraft H2 and a G10 endorsement for types of Air Services

• Operations Specification issued by the South African Civil Aviation Authority (SACAA)

with General Air Service Class III, Aircraft Category H2 and a G10 endorsement for

Types of Air Services.

aircraft to be used.

• Copies of the last 5 pages of the pilot’s logbook as well as a letter on the company

• Submit three reference letters from people for whom the pilot has previously done

work. These can be from private sector game farmers, wildlife veterinarians, State

agencies or any other contract that the pilot has worked on.

The purpose of these letters is to demonstrate that the pilot is competent, has the necessary

wildlife flying expertise and experience and that they are reliable and dependable.

wildlife flying expertise and experience) at least 3 times. Proof that the bidder has rendered

• Reference letters in client letter head, or

• Reference forms attached to the bid documents.

capability of the equipment to be used:

• Proof of ownership of a Robinson R44 Helicopter (Raven II)

• Proof of access to a backup helicopter. This may be provided in the form of

documents indicating ownership of a second suitable helicopter or a written

agreement with another helicopter owner indicating access to a suitable backup

helicopter

• Provide proof of registration or ownership for 4x4 support vehicle along with

photographic evidence of the actual vehicle.

• Proof of registration or ownership for robust fuel trailer or bowser with photographic

evidence of the actual trailer/bowser

• Provide proof that the helicopter supplied under the contract shall be fully insured

against loss and damage incidental to manufacture or acquisition, transportation and

storage

• Provide proof that passenger liability insurance is provided for, that insurance

f) Transformation plan

transformation of the sector during the lifespan of the contract) eg;

- Training & Skills Development for PDI’s

- Job creation

- Small business promotion

- Social Responsibility program.

of the bid.

Stage 2 – Price And Specific Goals

Criteria Points

Price 80

Specific Goals 20

Total 100

Price and Specific Goals points will be calculated as described in the Preferential Procurement

specific goals. When the above documentation is not provided as proof the company will

automatically score zero.

Specific Goals Category Weighting (of Number of Acceptable Evidence

20 Points) points

Locality (Enterprises located in the Eastern Cape 35% 7 Valid Proof of

Province) Address.

Municipal Council

Enterprise located outside the Eastern Cape

Letter

Or

Lease Agreement/

Or

Statement of Account

time of submission

>51% Women Ownership 25% 5 CSD report

Or

10-50% Women Ownership 2.5

CIPC certificate & ID Copy

<10% Women Ownership 0

>51% Historically Disadvantaged Individuals 15% 3 CSD report

Ownership Or

CIPC certificate & ID Copy

(South African citizen - who, had no franchise in

national elections prior to the introduction of the

Constitution of the Republic of South Africa, 1983

(Act ) or the Constitution of the

Republic of South Africa, 1993, (Act )) 1.5

10-50% HDI Ownership 0

<10% HDI Ownership

>51% Youth Ownership 15% 3 CSD report

Or

10-50% Youth Ownership 1.5

CIPC certificate & ID Copy

<10% Youth Ownership 0

>51% Disability Ownership 10% 2 Medical certificate

Specific Goals Category Weighting (of Number of Acceptable Evidence

20 Points) points

10-50% Disability Ownership 1

<10% Disability Ownership 0

TOTAL 100% 20

BIDDERS SHALL TAKE NOTE OF THE FOLLOWING BID CONDITIONS:

• Bidders who provided services to the ECPTA in the past and failed to perform the services

satisfactorily may be disqualified from the evaluation process.

and provide a copy of CSD full report for the month of bid closing.

• Eastern Cape Parks & Tourism Agency does not bind itself to accept the highest bid or any

other bid and reserves the right to accept the whole or part of the bid.

• Bids which are late, incomplete, unsigned, or submitted by facsimile or electronically, will

not be accepted.

• Bids submitted are to hold good for a period of 150 days

• A service level agreement shall be signed with the successful service provider.

• ECPTA reserves the right to terminate the contract if not satisfied with the work produced

by the service provider. Only bidders that have met the requirements of the proposal /

specification shall be considered during the adjudication process.

both parties. If the service provider does not meet this requirement, it will be automatically

disqualified.

• The ECPTA Bid Committee and the Supply Chain Management Unit may, before a bid is

adjudicated or at any time during the bidding process, oblige a bidder to substantiate any claims

it may have made in its bid documents.

• No bids will be considered if the bidder did not fully complete and sign all the relevant pages

in the bid document. If the bidder does not meet this requirement, it will be automatically

disqualified.

The bidders may only request clarification in writing up to 5 workings days before the closing

date stated in the Tender Notice. No requests for clarifications will be accepted after the 3rd of

March 2026

GENERAL CONDITIONS OF THE BID

1. Interpretation

The word “Bidder” in these conditions shall mean and include any firm or any company or body

incorporated or unincorporated.

The word “ECPTA” in these conditions shall mean the Eastern Cape Parks & Tourism Agency.

2. Extent of the bid

This contract is for the provision of the services as detailed in the attached Specification (-13)

3. Contract to be Binding.

The formal acceptance of the Purchase Order by the ECPTA will constitute a contract binding on both

parties. A service level Agreement will be signed by both parties.

4. Mode of the Bid

All Bids shall be completed and signed: All forms, annexure, addendums and specifications shall be

signed and returned with the Bid document as a whole. The lowest or any Bid will not necessarily

be accepted. The ECPTA wishes to deal on a prime contractual basis with the successful Bidder

being responsible and accountable for all aspects of the entire solution or service offered.

5. Quality

Should the specifications and / or descriptions not address any aspects of quality as specified, clarity

should be provided to the ECPTA prior to the submission of a quotation.

6. Insurance Claims, etc.

The ECPTA shall not be liable in any manner in respect of any claims, damages, accidents and

injuries to persons, property or rights or any other courses of civil or criminal action that may arise

from the carrying out of this contract. The company shall insure his / her / their personnel and any

plant, machinery or other mechanical or electronic equipment involved in the fulfillment of this contract

successful Bidder to submit proof of insurance or any other valid form of indemnification to ECPTA

for scrutiny.

7. Signing of Documents

8. Period of Validity for Bids and withdrawal of Bid after Closing Date

Bids are to be held valid and binding for 150 days from the closing date of submissions (calculated

from, but not including, the due date).

9. Penalty Provision

Should the successful Bidder:

a. Withdraw the Bid during the afore-mentioned period of validity; or

b. Advise the ECPTA of his / her / their inability to fulfill the contract; or

c. Fail or refuse to fulfill the contract; or

The Bidder will be held responsible for and is obligated to pay to the ECPTA:

All expenses incurred by ECPTA to advertise for or invite and deliberate upon new Bids, should this

be necessary. The difference between the original accepted Bid price and:

(i) A less favorable (for the ECPTA) Bid price accepted as an alternative by the ECPTA from

the Bids originally submitted; or

(ii) A new Bid price.

10. Value Added Tax

In calculating the cost of the supply and delivery of services and / or material, the supplier will issue

a “Tax Invoice” for all services rendered and / or materials supplied, which will reflect the exclusive

cost of such services, goods or materials with the relevant Value Added Tax being added to the total.

11. Price Escalation

Price escalation should be provided for the entire five (5) year period.

12. Authority to Sign Bid Documents

In the case of a Bid being submitted on behalf of a company, close corporation or partnership,

signed by persons properly authorized thereto by resolution of the directors or under the articles of

the entity.

13. Samples

None

14. Duration of the Bid

The contract duration is three (3) years with an option to extend for a further period of two (2) years

from contract signing date.

15. Delivery Periods: The successful bidder will liaise with Mr. Khanyiso Ngwabeni at 043 492 0670

16. Closing Date / Submitting of Bids

HELICOPTER SERVICES FOR A PERIOD OF THREE (3) YEARS WITH AN OPTION TO EXTEND

the Bid Box, 17-25 Oxford Street (Cnr of Fleet & Oxford Street), East London, by no later than 11:00

am on 10 MARCH 2026

Bids which are not submitted in a properly sealed and marked envelope and/or deposited in

the relevant bid box on or before the closing date and time will not be considered. Faxed or

e-mailed Bids will not be considered.

17. Bid Enquiries

Enquiries should be directed to the Supply Chain Management Unit. The following official can be

contacted: Ms. Unathi Zinganto at 043 492 0871 during normal office hours viz. 08:00 – 16:00

Mondays to Fridays-mail: [email protected]

18. Insurance and Indemnity

ECPTA shall not be liable in any manner in respect of any claims, damages, accidents and injuries

to persons, property or rights or any other courses of civil or criminal action that may arise from the

carrying out of this contract.

19. Payment

Payment will be made on completion of Supply and Delivery within 30 days of receipt of the invoice.

20. Control of The Contract

For the purposes of this contract ECPTA has appointed the Bid Committee for the adjudication, award

and management of the bid.

21. Agreement

The successful bidder undertakes to be bound by all terms and conditions contained in this bid

document. A Service Level Agreement (SLA) will be signed between ECPTA and the successful

servicer provider.

GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts

15. Warranty

16. Payment

17. Prices

18. Increase/decrease of Quantities

19. Contract amendments

20. Assignment

21. Subcontracts

22. Delays in the provider’s performance

23. Penalties

24. Termination for defaults

25. Dumping and countervailing duties

26. Force Majeure

27. Termination for insolvency

28. Settlement of disputes

29. Limitation of liability

30. Governing language

31. Applicable law

32. Notices

33. Taxes and duties

34. Transfer of Contract

35. Amendments of Contract

36. National Industrial Participation Programme (NIPP)

37. Prohibition of restrictive Practices

GENERAL CONDITIONS OF CONTRACT

1. Definitions

The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt

of bids.

1.2 “Chief Executive Officer” means the CEO of ECPTA or her/his duly authorized

representative;

1.3 “Contract” means the written agreement entered into between the purchaser and the

provider, as recorded in the contract form signed by the parties, including all attachments

and appendices thereto and all documents incorporated by reference therein.

1.4 “Contract price” means the price payable by the provider under the contract for the full and

proper performance of his contractual obligations.

1.5 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value

to influence the action of a public official in the procurement process or in contract execution.

1.6 “Countervailing duties” are imposed in cases where an enterprise abroad is subsidized

by its government and encouraged to market its products internationally.

1.7 “Country of origin” means the place where the goods were mined, grown or produced or

from which the services are supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a commercially recognized

new product results that is substantially different in basic characteristics or in purpose or

utility from its components.

1.8 “Day” means calendar day.

1.9 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.10 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.11 “Delivery into consignees store or to his site” 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 provider bearing all risks and charges involved until the supplies are

so delivered and a valid receipt is obtained.

1.12 “Dumping” occurs when a private enterprise abroad markets 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.

1.13 “ECPTA” means Eastern Cape Parks & Tourism Agency.

1.14 “Force majeure” means an event beyond the control of the provider and not involving the

provider’s 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.

1.15 “Fraudulent practice” 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.

1.16 “GCC” means the General Conditions of Contract.

1.17 “Goods” means all of the equipment, machinery, and/or other materials that the provider is

1.18 “Imported content” 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

provider or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as land 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.

1.19 “Letter of acceptance” means the written communication by ECPTA to the contractor

recording the acceptance by ECPTA of the contractor’s tender subject to the further terms

and conditions to be itemized in the contract;

1.20 “Local content” means that portion of the bidding price which is not included in the imported

content provided that local manufacture does take place.

1.21 “Manufacture” means the production of products in a factory using labour, materials,

components and machinery and includes other related value-adding activities.

1.22 “Order” means an official written order issued for the supply of goods or works or the

rendering of a service.

1.23 “Project site,” where applicable, means the place indicated in bidding documents.

1.24 “Purchaser” means the organization purchasing the goods.

1.25 “Republic” means the Republic of South Africa.

1.26 “SCC” means the Special Conditions of Contract.

1.27 “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning,

provision of technical assistance, training, catering, gardening, security, maintenance and

other such obligations of the provider covered under the contract.

1.28 “Signature date “ means the date of the letter of acceptance;

1.29 “Tender” means an offer to supply goods/services to ECPTA at a price;

1.30 “Tenderer” means any person or body corporate offering to supply goods/services to

ECPTA;

1.31 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical

writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders including bids for

functional and professional services (excluding professional services related to the building and

construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies,

services or works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the special

conditions shall apply.

3. General

3.1 Unless otherwise indicated in the bidding documents, ECPTA shall not be liable for any

expense incurred in the preparation and submission of a bid. Where applicable a non-

refundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the Eastern

Cape Treasury government tender bulletin.

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and

specifications.

5. Use of contract documents and information; inspection

5.1 The provider shall not, without the purchaser’s prior written consent, disclose the contract, or

any provision thereof, or any specification, plan, drawing, pattern, sample, or information

furnished by or on behalf of the purchaser in connection therewith, to any person other than

a person employed by the provider in the performance of the contract. Disclosure to any such

employed person shall be made in confidence and shall extend only so far as may be

necessary for purposes of such performance.

5.2 The provider shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC clause 5.1 except for purposes of performing the

contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the

property of the purchaser and shall be returned (all copies) to the purchaser on completion of

5.4 The provider shall permit the purchaser to inspect the provider’s records relating to the

performance of the provider and to have them audited by auditors appointed by the purchaser,

6. Patent rights

6.2 The provider shall indemnify the purchaser against all third-party claims of infringement of

patent, trademark, or industrial design rights arising from use of goods or any part thereof by

the purchaser.

6.3 When a provider develops documentation/projects for ECPTA, the intellectual, copy and

patent rights or ownership of such documents or projects will vest in ECPTA.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder

shall furnish to the ECPTA the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to ECPTA as compensation for

any loss resulting from the service provider’s 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 ECPTA and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located

in South Africa or abroad, acceptable to ECPTA, in the form provided in the bidding

documents or another form acceptable to ECPTA; or

(b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by ECPTA and returned to the provider not later

than thirty (30) days following the date of completion of the provider’s performance obligations

under the contract, including any warranty obligations, unless otherwise specified.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any

stage during production or execution or on completion be subject to inspection, the premises

of the bidder or contractor shall be open, at all reasonable hours, for inspection by a

representative of the purchaser or an organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention is

made in the contract, but during the contract period it is decided that inspections shall be

carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clause 8.2 & 8.3 show the supplies to be

in accordance with the contract requirements, the cost of the inspections, tests and analyses

shall be defrayed by the purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the

contract requirements, irrespective of whether such supplies or services are accepted or not,

the cost in connection with these inspections, tests or analyses shall be defrayed by the

provider.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply

with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analysed and may be

rejected if found not to comply with the requirements of the contract. Such rejected supplies

shall be held at the cost and risk of the provider who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with supplies which do not comply

with the requirements of the contract. Failing such removal the rejected supplies shall be

returned at the providers cost and risk. Should the provider fail to provide the substitute

supplies forthwith, the purchaser may, without giving the provider further opportunity to

substitute the rejected supplies, purchase such supplies as may be necessary at the expense

of the provider.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the

contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of

GCC.

9. Packaging

or deterioration during transit to their final destination, as indicated in the contract. The

packaging shall be sufficient to withstand, without limitation, rough handling during transit and

exposure to extreme temperatures, salt and precipitation during transit, and open storage.

Packaging, case size and weights shall take into consideration, where appropriate, the

remoteness of the good’s final destination and the absence of heavy handling facilities at all

points in transit.

9.2 The packaging, marking and documentation within and outside the packages shall comply

strictly with such special requirements as shall be expressly provided for in the contract,

including additional requirements, if any, and in any subsequent instructions ordered by the

purchaser.

10. Delivery and documents

10.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made

by the provider in accordance with the terms specified in the contract.

11. Insurance

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.

12. Transportation

13. Incidental services

additional services, if any:

(a) performance or supervision of on-site assembly and/or commissioning 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

provider of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the provider’s plant and/or on-site, in

assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the provider 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 provider for similar services.

14. Spare parts

notifications, and information pertaining to spare parts manufactured or distributed by the

provider:

(a) such spare parts as the purchaser may elect to purchase from the provider, provided

that this election shall not relieve the provider 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 provider 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 provider further warrants that all

goods supplied under this contract shall have no defect, arising from design, materials, or

specifications) or from any act or omission of the provider, 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.

15.3 The purchaser shall promptly notify the provider in writing of any claims arising under this

warranty.

15.4 Upon receipt of such notice, the provider shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the

purchaser.

15.5 If the provider, having been notified, fails to remedy the defect(s) within the period specified,

the purchaser may proceed to take such remedial action as may be necessary, at the

provider’s risk and expense and without prejudice to any other rights which the purchaser may

have against the provider under the contract.