PO Reference #: | (PO FROM CS) | PO Approved Date | 06/02/2024 |
Comp / Site | 57006 - MMSC SHIPS PROGRAM | Executed By | () MOSTAFA, AYMAN MAGDY |
Supplier | 51969 - AL FANAR TRADING DIVISION (AL FANAR CO.) (Address: Baghlaf curve, Aziziyah, Jeddah 23334; City: Jeddah; Country: SAUDI ARABIA; ZipCode: 21453; Phone No.: +966 920006111; Email: anas.zatar@alfanar.com) |
Purchaser | () |
Payment Terms | • 15% Advanced payment against submission of bank Guarantee provided by first class bank approved by Buyer. • 85% Upon delivery through an irrecoverable and unconditional LC and payable 90 day’s credit. | Delivery Terms | Delivered At Place |
Transportation Method | Road Freight | Delivery Details | MMSC JUBAIL |
Ship To | 57006 - MMSC SHIPS PROGRAM / | Delivery Type | GOODS |
Bill To | 57006 - MMSC SHIPS PROGRAM | PO Currency | SAR |
VQ Reference No | TR-PSS-.10.07-REV05-OLTC | VQ Date | 02/12/2023 |
Supplier Accept. Protocol No. | Supplier Acceptance Date | 25/09/2024 |
LNO | ITEM CODE | ITEM DESCRIPTION | UOM | RFQ QTY |
REMARKS | % | QTY | UNIT PRICE |
VALUE | DELIVERY DATE |
MNF-ORGN | REQUESTOR | QC | MIS | MOI | SHI | MSDS | OLD CODE | |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
REQUESTED BY | COST CENTER /EQP CODE |
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1 | 0339439 | COMPACT SUBSTATION (POWER RATING: 1000 kVA; INCLUDES: TRANSFORMER 13.8KV:380/220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 1600A BUS RATING,3PH,4W,60 HZ, 1S , 40KA,BREAKERS MAIN 1600AF/1600AT-3P; BRANCHED (1)600AF/600AT-3P; (1)150AF/150AT-3P INSIDE ENCLOSURE) | PC | 1.000 | OS-02/OS-08 | 1 | 175,800 | 175,800.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
2 | 0339442 | COMPACT SUBSTATION (POWER RATING: 2000 kVA; INCLUDES: TRANSFORMER 13.8KV:380/220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 3200A BUS RATING,3PH,4W,60 HZ, 65KA 1S,BREAKERS MAIN 3200AF/3200AT-3P; BRANCHED (1)2500AF/2500AT-3P; INSIDE ENCLOSURE)) | PC | 1.000 | OS-01A | 1 | 274,300 | 274,300.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
3 | 0339445 | COMPACT SUBSTATION (POWER RATING: 2000 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 3200A BUS RATING,3PH,4W,60 HZ, 65KA 1S,BREAKERS MAIN 3200AF/3200AT-3P; BRANCHED (1)100AF/100AT-3P ,(2)3200AF/3200AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | UT-08A | 1 | 296,500 | 296,500.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
4 | 0339447 | COMPACT SUBSTATION (POWER RATING: 2000 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 3200A BUS RATING,3PH,4W,60 HZ, 65KA 1S,BREAKERS MAIN 3200AF/3200AT-3P; BRANCHED (3)1250AF/1250AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | OS-01D | 1 | 297,300 | 297,300.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
5 | 0339450 | COMPACT SUBSTATION (POWER RATING: 1000 kVA; INCLUDES: TRANSFORMER 13.8KV/240V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 50KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (1)1250AF/1250AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | OS-01C | 1 | 216,400 | 216,400.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
6 | 0339453 | COMPACT SUBSTATION (POWER RATING: 1000 kVA; INCLUDES: TRANSFORMER 13.8KV:480/270V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 1600A BUS RATING,3PH,4W,60 HZ, 40KA 1S ,BREAKERS MAIN 1600AF/1600AT-3P, BRANCHED (1) 1250AF/1250/AT, INSIDE ENCLOSURE) | PC | 1.000 | OS-O1B | 1 | 184,300 | 184,300.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
7 | 0339454 | COMPACT SUBSTATION (POWER RATING: 300 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 600A BUS RATING,3PH,4W,60 HZ, 25KA 1S,BREAKERS MAIN 600AF/600AT-3P; BRANCHED (1)200AF/200AT-3P ,(2)100AF/50AT-3P ;INSIDE ENCLOSURE) | PC | 1.000 | SC-01/SC-01A/LS-4/WT | 1 | 116,200 | 116,200.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
8 | 0339490 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (12)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-01A | 1 | 415,000 | 415,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
9 | 0339490 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (12)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-02A-B | 1 | 415,000 | 415,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
10 | 0339490 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (12)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-01B | 1 | 415,000 | 415,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
11 | 0339490 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (12)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-01C | 1 | 415,000 | 415,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
12 | 0339490 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (12)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-02B-B | 1 | 415,000 | 415,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
13 | 0339495 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (6)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-09 | 1 | 401,000 | 401,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
14 | 0339495 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (6)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-02A-A | 1 | 401,000 | 401,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
15 | 0339495 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (6)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-02B-A | 1 | 401,000 | 401,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
16 | 0339495 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/440-254V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (6)600AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-08 | 1 | 401,000 | 401,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
17 | 0339500 | COMPACT SUBSTATION (POWER RATING: 2500 kVA; INCLUDES: TRANSFORMER 13.8KV/460-266V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 3200A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 3200AF/3200AT-3P; BRANCHED (2)1000AF/1000AT-3P, (2)400AF/400AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-03 | 1 | 324,000 | 324,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
18 | 0339503 | COMPACT SUBSTATION (POWER RATING: 1000 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 1600A BUS RATING,3PH,4W,60 HZ, 40KA 1S,BREAKERS MAIN 1600AF/1600AT-3P; BRANCHED (1)400AF/400AT-3P, (2)100AF/20AT-3P,(1)150AF/150AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | PO-06 | 1 | 171,300 | 171,300.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
19 | 0339508 | COMPACT SUBSTATION (POWER RATING: 300 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 600A BUS RATING,3PH,4W,60 HZ, 25KA 1S,BREAKERS MAIN 600AF/600AT-3P; BRANCHED (1)100AF/20AT-3P ,(1)100AF/100AT-3P ;INSIDE ENCLOSURE)) | PC | 1.000 | LS-1/DEFUEL PUMP | 1 | 108,900 | 108,900.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
20 | 0339510 | COMPACT SUBSTATION (POWER RATING: 300 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 600A BUS RATING,3PH,4W,60 HZ, 25KA 1S,BREAKERS MAIN 600AF/600AT-3P; BRANCHED (1)250AF/250AT-3P ;INSIDE ENCLOSURE) | PC | 1.000 | SP-02 | 1 | 109,600 | 109,600.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
21 | 0339511 | COMPACT SUBSTATION (POWER RATING: 300 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 600A BUS RATING,3PH,4W,60 HZ, 25KA 1S,BREAKERS MAIN 600AF/600AT-3P; BRANCHED (5)100AF/100AT-3P ;INSIDE ENCLOSURE) | PC | 1.000 | SP-03 | 1 | 110,600 | 110,600.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
22 | 0339512 | COMPACT SUBSTATION (POWER RATING: 1500 kVA; INCLUDES: TRANSFORMER 13.8KV/380-220V;INCLUDE RMU 630A;LOW VOLTAGE PANEL 2500A BUS RATING,3PH,4W,60 HZ, 20KA 1S,BREAKERS MAIN 2500AF/2500AT-3P; BRANCHED (1)1600AF/16AT-3P;INSIDE ENCLOSURE) | PC | 1.000 | (OS-03)(7A) | 1 | 231,000 | 231,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1616531500000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | |||
23 | 0348342 | INSTALLATION SUPERVISION TESTING AND COMMISSIONING OF COMPACT SUBSTATIONS | AU | 1.000 | 1 | 60,000 | 60,000.00 | 26/09/2024 | ()- | ALI ABDEL WAHAB, ALI KAMEL | PPM1600000000000000M0000000000057006000000(1) | N/A | N/A | N/A | N/A | ||||
TOTAL COST | 5,860,000.00 |
PO Description: | 57006-PR-2064 | Compact Substation |
+Items-Sub-Total | 6,355,200.00 | -Supplier Total Discount | 495,200.00 |
International Transportation | 0.00 | Insurance | 0.00 |
Imports & Custom Duties | 0.00 | Taxes | 0.00 |
Domestic/Local Transportation | 0.00 | LC Expenses | 0.00 |
Site Supervision | 0.00 | Expediting & Inspection | 0.00 |
Other Cost 1 | 0.00 | Other Cost 2 | 0.00 |
Other Cost 3 | 0.00 | +Supplier-Costs-Total | 0.00 |
TOTAL COST | 5,860,000.00 |
Specifications | As per supply agreement # 57006-PR-2064. |
Delivery Schedule | As per supply agreement # 57006-PR-2064. |
Shipping Instructions/Requirements | As per supply agreement # 57006-PR-2064. |
Special Conditions | As per supply agreement # 57006-PR-2064. |
Warranty | As per supply agreement # 57006-PR-2064. |
Required Document/Submittals | As per supply agreement # 57006-PR-2064. |
QA/QC Documentation | As per supply agreement # 57006-PR-2064. |
General Terms and Conditions | As per supply agreement # 57006-PR-2064. |
Terms and Conditions
Supplier / Subcontractor Acknowledgement
Supplier / Subcontractor Acknowledgement
We, ---------------------------------- acknowledge receipt of this Purchase Order and confirm our acceptance of this Purchase Order for the provision of the Goods/ or: Services or: Works) listed above and with the terms and conditions contained herein. Signed for and on behalf of _________________________________. Job Position Employee ID/Initials Signature Date Company Seal GENERAL TERMS AND CONDITIONS OF PURCHASE FOR GOODS, SERVICES and WORKS 1. General "The purpose of the present General Terms and Conditions is to define the terms and conditions of the Purchase Order placed by Buyer to the Supplier/ or: Subcontractor whatever be its subject matter, i.e. the Supply of Goods and /or the performance of Services and/or the performance of Works. The following documents, which, in the event of conflict, shall be afforded precedence in the order listed, shall be deemed to constitute the full and complete agreement between the Buyer and Supplier/ or: Subcontractor, viz.: (i) the Purchase Order and its Particular Conditions; (ii) the present General Terms and Conditions; (iii) all other documents attached or incorporated by reference herein. The abovementioned documents prevail over and supersede all other terms and conditions, including, but not limited to, any Supplier’s/ or: Subcontractor’s general sales terms and conditions." 2. Definitions: The following words and expressions shall have the meaning assigned to them, except where the context otherwise requires: Buyer means ARCHIRODON CONSTRUCTION OVERSEAS COMPANY LIMITED and the legal successors there to and permitted assignees thereof: Supplier/or: Subcontractor means the Company named in this Purchase Order above and the legal successors thereto and permitted assignees thereof; Purchase Order or Order means the Buyer's present Purchase Order, incorporating these General Terms and Conditions. Goods means all goods, equipment, materials, articles, or any other property or parts provided or to be provided to the Buyer by the Supplier or Subcontractor in accordance with this Purchase Order and includes, without limitation all services and/or works including design, manufacture, modification, inspection, testing, expediting, quality assurance and control, painting, packaging and delivery as specified or required in this Purchase Order or any part thereof. Services mean any service provided by the Supplier under this Purchase Order including, without limitation, design, engineering, technical construction, installation, repair maintenance, consulting or professional services, other types of labour services and services covered by this Purchase Order or any part thereof. Works mean all works to be undertaken, and/ or materials to be supplied, by the Supplier/ or: Subcontractor covered by this Purchase Order or any part thereof. Party or Parties means the Buyer and Suppliers/ or: Subcontractor and the legal successors thereto and permitted assignees thereof: Force Majeure means any of the following events occurring after the date of acceptance of the Purchase Order: war, hostilities (whether declared or not). Invasion act of foreign enemies, rebellion, revolution ,insurrection, military or usurped power, civil war, riot commotion or disorder, natural disaster, storm, flood, earthquake, epidemics, quarantine restrictions, government trade embargo or prohibition of trade, industrial action and strikes (not involving Supplier's or Subcontractor's personnel). 3. Price and terms of payment: The price stated in the Purchase Order is a fixed and firm price. Unless otherwise stated in this Purchase Order, the price includes, but is not limited to, all applicable local taxes and duties, customs, tariffs, imposts and government-imposed surcharges, shipping and delivery charges and insurance. Buyer shall pay Supplier the price in correspondence with the payment terms set forth in the Purchase Order following the later of: (i) the date of acceptance of Goods; (ii) the date of Buyer’s acceptance of Supplier’s/ or: Subcontractor’s of performance of Services and/or Works; or (iii) Buyer’s receipt of a properly prepared and legitimate invoice.. 4. Invoices: Invoices shall be made by the Supplier/ or: Subcontractor upon Buyer’s acceptance of Goods; and/or Buyer’s acceptance of Supplier’s/ or: Subcontractor’s performance of Services and/or Works. Invoices shall be sent in duplicate to Buyer (FAO Buyer’s Accounts Department), indicating the Purchase Order Number, the Purchase Order line item, the designation and the number of articles, the date and references of the dispatch note and the detailed price thereof. The language of the invoice shall be English. 5. Order acknowledgment and acceptance: The Purchase Order (including the present General Terms and Conditions) shall become a binding contract upon Supplier’s/ or: Subcontractor’s express acknowledgement and acceptance, which must be sent within 3 working days by fax or by confirmed e-mail. In the absence of such acknowledgement and acceptance by the Supplier/ or: Subcontractor, this Purchase Order shall have no binding effect for the Parties. 6. Assignment: Supplier/ or: Subcontractor shall not assign any right, obligation, benefit, interest, cause of action relating to the Purchase Order or any part thereof, or to its performance and in particular transfer or to subcontract the Goods/ or Services or Works ,wholly or in part without the express and written consent of the Buyer. 7. Delivery documents and packaging (For Purchase of Goods Only): The Goods shall include the cost of packaging or other protection required under normal transport conditions to prevent damage or deterioration of the Goods while in transit to Buyer’s nominated premises. The Goods shall be packaged in a sound and safe manner, and marked in accordance with Buyer’s instructions. The Purchase Order and product numbers shall be set out in the shipping documents. Delivery notes must be supplied with every delivery against the Purchase Order. Every delivery note must quote the Buyer’s Purchase Order number and provide the full contact name, address and details of the Supplier. Unless otherwise agreed, the dispatch note shall be issued by the Supplier and countersigned by a representative of the Buyer. The quantities delivered shall be those defined in the Purchase Order, unless partial deliveries are authorized, and must not be changed without Buyer’s express and written consent. Buyer reserves the right to reject or cancel all or any part of the Purchase Order, delivered or undelivered, if Supplier does not make deliveries as specified or scheduled. Any delivery made before the schedule date or any surplus delivery may be returned by Buyer at the Supplier’s own costs and risks. The packaging, loading, locking and transport shall be made under the responsibility and the risk of the Supplier. 8. Schedule and Terms of delivery: For the delivery of Goods and unless otherwise stated herein, delivery terms are governed by the INCOTERMS 2020. In the event of conflict between the INCOTERMS 2020 and this Purchase Order (including its General Terms and Conditions), this Purchase Order (including its General Terms and Conditions) shall prevail in all respects. Particular requirements for mode of shipment (if any) shall be as stated in the Purchase Order (Delivery Terms). All deliveries shall be made during working hours and working days to the Buyer’s address as indicated on the Purchase Order. The performance schedule of the Purchase Order shall start from the date of acceptance of the Purchase Order and shall end upon the date of Buyer’s acceptance of Goods; and/ or performance of Services; and/ or performance of Works in the place indicated in the Purchase Order. Performance of Services and/ or Works must be completed within the term stated in this Purchase Order. Timing of delivery/ acceptance of the Goods; and/or performance of Services; and/or performance of Works is of the essence of this Purchase Order. 9. Confidentiality: The Supplier or Subcontractor is responsible for ensuring that, information supplied by Buyer, orally or in writing, is not brought to the knowledge of third parties, without the prior written authorization of the Buyer. 10. Obligation to notify: Should the Supplier/ or: Subcontractor find that the agreed delivery date of the Goods; and/or date of performance of Services; and/or date of performance of Works cannot be met, or is unlikely to be met; the Supplier/ or: Subcontractor shall immediately notify the Buyer in writing, stating the cause of the delay and an estimated or revised delivery date and/or performance date. Such notification shall not, however, constitute a change to the delivery or performance terms of this Purchase Order or limit Supplier’s or Subcontractor’s obligations under the Purchase Order, unless Buyer modifies this Purchase Order in writing. 11. Delayed Deliveries and/ or Completion Dates: If delivery or completion dates cannot be met within the agreed time, Buyer, at his option and without prior notice to Supplier or Subcontractor, shall be entitled to deduct liquidated damages at the rate (if any) set out in the Particular Conditions and: (i) approve a revised date; or (ii) cancel this Purchase and obtain such Goods or Services or Works elsewhere .The Supplier/ or: Subcontractor shall also be liable to the Buyer for any resulting loss incurred by the Buyer. 12. Inspection, Acceptance & Quality Assurance: Supplier/ or: Subcontractor grants the right to the Buyer to visit the facilities of Supplier/ or: Subcontractor (and/ or their subcontractor(s)) to inspect material or determine progress of manufacture or shipment. Upon Buyer’s inspection of Goods (including those that will be incorporated into Buyer’s works), the Goods shall meet the regulatory requirements including, but not limited to, the requirements imposed by the law of any governmental entity which has jurisdiction over the production, transport and/or sale of the Goods. The Goods shall also meet the technical standards and the environmental and special market requirements stated in the Purchase Order and the demands of commercial or good technical practice. The Buyer shall be entitled to inspect the Goods and the production thereof, including the Quality Assurance system. The Supplier/ or: Subcontractor shall furnish a certificate for delivered Goods stating that the Goods conform to all requirements mentioned above. Buyer’s acceptance of any part of this Purchase Order shall not bind the Buyer to accept future shipments and deliveries, nor deprive him of his right to return Goods already accepted. Buyer’s acceptance of the Goods shall not be deemed to occur until all products on the Purchase Order have been received and/or installed and approved by Buyer as conforming to the Purchase Order. If part of the Goods received are not in accord with Buyer’s specification, Buyer shall have the rights stipulated in these General Terms and Conditions. Buyer’s acceptance that performance of services and/or Works has been completed shall not constitute evidence that Buyer accepts the quality of those services or works, or that these Services and/or Works conform to the Purchase Order. If part of the Services and/or Works performed are not in accordance with the Purchase Order, Buyer shall have the rights stipulated in these General Terms and Conditions. 13. Rejection & warranty: "In addition to other remedies provided by these General Terms and Conditions, Buyer reserves the right to reject any Goods or revoke any previous acceptance and to cancel all or any part of the Purchase Order, if Supplier/ or: Subcontractor fails to deliver all or any part of the Goods or perform any Service and/or Work in accordance with this Purchase Order. Any missing quantity shall be considered to be a breach of the Purchase Order. Supplier/ or: Subcontractor expressly warrants that: (i) all Goods delivered under this Purchase Order are (a) free from defects in material, workmanship, design; and (b) free from liens, claims, security interests or other encumbrances of any kind, with Supplier or Subcontractor having good and marketable title thereto; (ii) all Goods are of the quality, size and dimension ordered; (iii) Services and/or Works performed under this Purchase Order are in conformity with all plans, drawings, specifications and other data incorporated as part of this Purchase Order. For the performance of Services and/or Works, the Supplier or Subcontractor shall provide and execute the same only by appropriately qualified personnel acting with due skill and care. Services and/or Works shall be completed with due diligence and in a good, professional and workmanlike manner and strictly in compliance with any written instructions provided by Buyer, any applicable laws and regulations and the highest standards in the industry for performing services of a similar nature. (iii) the sale or use of the Goods or Services or Works provided under the Purchase Order does not infringe upon any patent, trademark, registered design, or other intellectual property rights. No Goods covered by this Purchase Order shall be manufactured, sold or disposed by the Supplier in violation of any right whatsoever of third parties, and in particular, of any patent right, trademark or similar right, or of any charge, mortgage or lien. These express warranties shall not be waived by reason of inspection and/or acceptance of payment by the Buyer. All Goods, Services, Works shall also be subject to any stricter warranties specified in the Purchase Order or in other materials incorporated by reference. Defective Goods may be rejected, wholly or in part, and returned at the Supplier's risk and expense during a warranty period of eighteen (18) months (or such other period as may be specified in the Purchase Order) starting from the delivery of the respective Goods. In such a case and at Buyer’s option, the Supplier or Subcontractor shall be obliged to replace the Goods with Goods that are free from defects at its own expenses including labour and transport costs, and make any replacement, repair, modification which is necessary to have defective or damaged Goods fully conforming to the Purchase Order. Alternatively, Buyer may at its own option, elect to terminate the Purchase Order pursuant to Clause 22 herein. Except as otherwise expressly provided in the Purchase Order, replacement Goods shall also be warranted for an eighteen (18) months period starting from delivery. If any defects appear in the Works or Services during the Maintenance Period which are due to the use of materials or workmanship not in accordance with the Purchase Order the Buyer shall give written notice thereof and the Subcontractor shall make good at his own cost. If any defects notified are not corrected within a reasonable time by the Subcontractor, the Buyer may, after giving 14 days written notice to the Subcontractor, employ others to correct the same and the cost thereof shall be payable by the Subcontractor to the Buyer." 14. Quality and Environmental Standards: Supplier/ or: Subcontractor upholds Quality and Environmental systems according to standards ISO 9000 and ISO 14001, and undertakes to fulfill the requirements specified therein. Use of any other standards must be approved by Buyer in advance. 15. Goods , Services & Works Liability: The Supplier/ or: Subcontractor shall indemnify the Buyer and hold Buyer harmless against all claims or demands whatsoever arising out of or incidental to the delivery of the Goods (including, but not limited to express breach of warranties); and/or performance of Services (including, but not limited to express breach of warranties); and/or performance of Works (including, but not limited to express breach of warranties) which cause damage to persons or property other than such Goods. 16. Export and import (For Purchase of Goods only): The Supplier is responsible for obtaining and maintaining any export license(s) required for delivery of the Goods to Buyer’s nominated premises according to the Purchase Order. The Supplier or Subcontractor shall issue all other documents reasonably requested by Buyer, regarding export and import of the Goods. 17. Industrial and Intellectual property rights: The Supplier/ or: Subcontractor guarantees that he is able to market and sell the Goods throughout the world as part of Supplier’s/ or: Subcontractor’s products or systems, without this constituting an infringement of any patents or other intellectual property rights. The Supplier/ or: Subcontractor undertakes to indemnify Buyer against all claims and damages in the event of such an infringement being alleged. The Supplier/ or: Subcontractor hereby states that the employment contracts of his employees do not contain any provision which confers upon them intellectual property rights. The Supplier/ or: Subcontractor guarantees that the Goods subject of the Purchase Order can be used, operated and exploited by Supplier, without restriction. Any documentation including, but not limited to, documents, drawings, specifications or other data-bearing media and software programs submitted by Buyer to Supplier/ or: Subcontractor shall remain Buyer’s exclusive property and shall be returned to Buyer upon request. 18. Insurances: Unless otherwise separately and in writing agreed upon by the Parties, the Supplier/: or Subcontractor shall, at his own cost and expense, take out and maintain during the performance of his obligations under the Purchase Order , insurance upon terms and with insurers to be approved by the Buyer against risks and in such sums and for the benefit of such persons as are specified therein. Further to the above, if this Purchase order contemplates the performance of Services and/or Works, the Supplier/ or: Subcontractor shall take out and maintain a policy of workers’ compensation, professional liability insurance, including errors and omissions. Upon request the Subcontractor shall provide the Buyer with certificates of insurance for this insurance coverage. The Supplier/ or: Subcontractor’s insurances shall not be cancelled or terminated without a 10-day prior written notice of cancellation or termination to the Buyer. 19. Health, Safety and the Environment (HSE): "The Supplier/ or: Subcontractor must, at all times comply with the requirements of the Health and Safety at Buyer’s premises and any other legislation or laws pertaining to health and safety. The Supplier/ or: Subcontractor must, without limitation to the foregoing, observe all legal requirements in relation to health, safety and the environment, and in particular to the marking of hazardous goods, services, or works, the provision of data sheets for hazardous materials, etc.Further to the above, whenever Supplier/ or: Subcontractor visits Buyer’s premises for the performance of Supplier’s/ or: Subcontractor’s obligations under this Purchase Order, he shall notify Buyer immediately of any incident occurring in the performance of his obligations in Buyer’s premises which causes or may cause personal injury. " 20. Amendments and additions: Amendments and/or additions to a Purchase Order shall be valid only upon the written agreement of Buyer and Supplier/ or: Subcontractor. 21. Governing Law and Resolution of Disputes: This Purchase Order (including its General Conditions and Terms) shall be governed by and interpreted under (Country Law - SAUDI ARABIA) Law. Any dispute in connection with or arising out of this Purchase Order shall be finally settled by arbitration under the Rules of Arbitration of (Governing Body - Board of Grievances) by three arbitrators, appointed in accordance with the said Rules. The arbitration proceedings shall take place in the English language, and the venue of these proceedings shall be (Venue - City - Country - JUBAIL ) . 22. Termination: "Buyer may, in its sole discretion and without cause, terminate this Purchase Order, wholly or in part, at any time without incurring liability to Supplier/ or: Subcontractor other than the proportionate value of the (i) purchase price of Goods delivered pursuant to any unit prices in the purchase price; and/or (ii) Services performed; and/or (iii) Works performed. In the event that Supplier/ or: Subcontractor (i) fails to comply with any of his obligations under the Purchase Order; or (ii) makes an assignment for the benefit of creditors; or (iii) becomes insolvent or bankrupt or goes into liquidation or has a receiving or administration order made against him, or compounds with his creditors or carries on business under a receiver, trustee or manager for the benefit of his creditors, or if any act is done or event occurs which (under the applicable law) has a similar effect to any of these acts or events. and without prejudice to any other rights or remedies contained within this Purchase Order, Buyer may, by notice to the Supplier, forthwith terminate the Purchase Order wholly or in part. Supplier’s/ or: Subcontractor’s warranties and Supplier’s/ or: Subcontractor’s liability for defective or non-conforming Goods; and/or Services; and/or Works, as well as Clauses 9, 11, 12, 13, 15, 18 and 21 shall survive termination and remain in full force and effect. " 23. Excusable Delays-Force Majeure: If a Party is prevented from performing its obligations under the Purchase Order by an event of Force Majeure, then it shall give notice to the other Party of the event or circumstance constituting the Force Majeure and shall specify the obligations, the performance of which is or will be prevented. The notice shall be given within 14 days after the Party becomes aware, or should have become aware, of the relevant event or circumstance constituting Force Majeure. The Party shall, having given notice, be excused performance of its obligations for so long as such Force Majeure prevents it from performing it. In case of occurrence of an event or circumstance constituting Force Majeure, the delivery schedule and time of performance of Supplier obligation shall be extended by the reasonable period of time necessary, as determined by the Buyer, for Supplier or Subcontractor to overcome the consequences of such event. If the performance in whole or part of any Supplier’s or Subcontractor’s obligation under the Purchase Order is delayed by a reason of Force Majeure for a period exceeding three (3) months, either party may give notice of termination, and termination shall be effective seven (7) days thereafter. Providing always that for an event to be considered one of Force Majeure, the Supplier shall have given prompt notice to Buyer at the event’s first occurrence, or in any event within seven (7) days thereof. 24. Notices: Any notice given under or pursuant to the Purchase Order may be sent by hand or by registered post or by the recorded delivery service or transmitted by facsimile transmission of other means of telecommunications resulting in the receipt of a written communication in permanent form (including, but not limited to, electronic transmission) and if so sent or transmitted to the address of the party shown on the face hereof, or to such other address as the Party may by notice to the other have substituted, shall be deemed effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours and days. |