for any damage caused by their activities.
8.2. During the progress of the contract all materials being supplied, and all work being undertaken by the contractor
shall be subject to periodic inspection by Cape Agulhas Municipality’s Manager: Parks & Recreation or a duly
authorized representative. All such material and workmanship shall be supplied and performed, respectively to
the entire satisfaction of the Manager: Parks & Recreation or duly authorized representative.
8.3. Should at any stage in the progress of the said works, or on completion, an inspection visit reveals any defects
in the construction, which are due to the part of the Contractor, such defective material or workmanship shall
immediately be replaced or remedied by the Contractor at his own expense and to the satisfaction of the
Manager: Parks & Recreation or duly authorized representative.
Reference nr: Q16/2026/27 8 | P a g e
4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.
- Use of contract documents and information; inspection.
5.1. The supplier 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 supplier in the performance of the contract. Disclosure to any such employed person
shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.
5.2. The supplier 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 the supplier’s performance under the contract if so required by the purchaser.
5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them
audited by auditors appointed by the purchaser, if so required by the purchaser.
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 inspections tests and analysis, the bidder or contractor’s premises 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 clauses 8.2 and 8.3 show the goods 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 goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether
such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the
supplier.
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 goods 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 goods shall be held at the cost and risk of the supplier who shall, when called upon,
remove them immediately at his own cost and forthwith substitute them with goods which do comply with the requirements of the
contract. Failing such removal the rejected goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide the
substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase
such goods as may be necessary at the expense of the supplier.
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 22 of GCC.
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