Αξιότιμοι κύριοι, 2. Παραμένουμε στην διάθεσή σας για κάθε σχετική βοήθεια, επεξήγηση ή πληροφορία. Ο Διευθύνων - PDF

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ΠΡΕΣΒΕΙΑ ΤΗΣ ΕΛΛHNIΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΕΛ ΑΒΙΒ Γραφείο Οικονομικών και Eμπορικών Υποθέσεων TOWER BUILDING 3 Daniel Frisch Str.,16th floor, Tel Aviv, Israel τηλ: *φαξ :

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ΠΡΕΣΒΕΙΑ ΤΗΣ ΕΛΛHNIΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΕΛ ΑΒΙΒ Γραφείο Οικονομικών και Eμπορικών Υποθέσεων TOWER BUILDING 3 Daniel Frisch Str.,16th floor, Tel Aviv, Israel τηλ: *φαξ : Πληροφορίες: K. Κουρούμαλος, Γραμματέας Ο.Ε.Υ. Α' Αξιότιμοι κύριοι, 1. Σας προωθούμε, προς ενημέρωσή σας, σχετική προκήρυξη της ισρ/εταιρίας Petroleum, and Energy Infrastructures Ltd/Oil Products Pipeline Ltd για την προμήθεια σωλήνων, μήκους 63 χιλιομέτρων. 2. Παραμένουμε στην διάθεσή σας για κάθε σχετική βοήθεια, επεξήγηση ή πληροφορία. Ο Διευθύνων Κωνσταντίνος Κουρούμαλος Γραμματέας Ο.Ε.Υ. Α' July 12, 2016 Tender No. 027/16 (the Tender ) Pre-Qualification Stage + Invitation to Submit Bids for the purchase of 63 Kilometers of 12 pipes Clarification #1 The following is a response to clarification requests received with relation of the Tender. This document forms an integral part of the Tender Documents. Capitalized terms shall have the meaning ascribed to them in the Tender Documents. 1. Amendments to the Preliminary Conditions for submission of Applications in the Pre-Qualification Stage: Section of the Pre-Qualification Stage + Invitation to Submit Bids document shall be amended as follows: The Applicant has, during the past 5 (five) years prior to the Deadline for Submission of Applications, successfully supplied pipes for the oil and/or gas and/or petrochemical industry, at an accumulating minimum sum of USD 7.5 million or EURO 6 million or NIS 30 million. Form of Appendix B shall be amended accordingly, herewith. and is attached Prospective Applicants are reminded that additional requests for clarifications and/or amendments may be submitted to the Company by July 21, Applicants must submit a signed copy of this document together with the copies of the Tender Documents submitted with the Application. Regards, Talmor Sela Purchasing Department 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I FORM Applicant's Experience Company Objectives To receive sufficient information to determine: Satisfaction of preliminary tender conditions (Clause of Part 1 of the Tender Documents) Tender Deliverables 1. Applicant's Experience and Track Record The Applicant shall fill out the following table, regarding its experience and track record of supply of pipes (for the oil and/or gas and/or petrochemical industry), during the last 5 years, in reverse chronological order. Project client s Oil/Gas/Petrocheminal year of Transaction Client s title and name industry (fill in the execution value representative name, description applicable category) address and contact details (telephone and ) 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I Project client s Oil/Gas/Petrocheminal year of Transaction Client s title and name industry (fill in the execution value representative name, description applicable category) address and contact details (telephone and ) I, ID/passport No., in my capacity as [title or position of Applicant's Authorized Signatory] of [Applicant s name], being an Authorized Signatory thereof, after I have been warned that I am obliged to tell the truth and of the penalties of law should I not do so, do hereby declare in writing, on behalf of the Applicant, that the information provided in the table above is true and accurate. I, Attorney, hereby certify that Mr./Mrs./Ms., I.D. number / Passport number, whose signature appears above, is authorized to sign for and to bind the Applicant for the purposes of this Application. Attorney at Law (signature and stamp) Date 2. A letter from the Applicant's CPA confirming the total income of the Applicant, from supplying pipes for the oil and/or gas and/or petrochemical industry, during the last five years was at least USD 7.5 million or EURO 6 million or NIS 30 million.. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I Appendix F - Agreement for the Supply of Goods Signed on, 2016 in Between: Petroleum & Energy Infrastructures Ltd. / Oil Products Pipeline Ltd. of 3 Hasadnaot St., Herzliya (jointly and severally: the Company ) of the first part Whereas: And between: of St. (the Supplier ) of the second part the Company wishes to purchase 63 Kilometers of 12 pipes API 5L X52 w.t , PSL1, Trio coating, polyethylene 3mm, PSL-1 (the Goods ), including supervision and inspection, all as specified in the Technical Specifications document, attached hereto as Appendix A (the Technical Specifications ) and has published a tender no. 027/16 for the purchase of the Goods (hereinafter he Tender ); and WHEREAS the Supplier participated in the Tender, and won, under the terms and conditions stipulated in the Tender Documents; and WHEREAS the Supplier stipulates that he possesses all the means necessary for supplying the Goods; and WHEREAS concurrently with the signature of this Agreement, the Company shall issue an Order (as defined herein) to the Supplier for the purchase of the Goods in accordance with the terms and conditions stipulated herein and in the Tender; Wherefore, it has been Stipulated, Represented and Agreed as follows: 1. Definitions ; Discrepancies; General 1.1. The Order An order for the supply of Goods, signed by the Company's authorized signatories, that is sent to the Supplier (via fax or ), including all of the terms and conditions thereof and the Appendixes thereto, including the specifications, plans and all of the other documents attached to the Order. It is clarified that in the event of a discrepancy between the provisions of the tender documents, including this Agreement, and the provisions of the Order shall prevail, unless the Company determines otherwise. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I 1.2. In case of discrepancies between the terms of the Technical Specifications Appendix and the terms specified in this Agreement, the terms and conditions of the Technical Specifications shall prevail. 2. The Supplier's Representations and Warranties 2.1. The Supplier represents that it has read and inspected the Tender, this Agreement and the Order, including all of the documents thereof, and that all of the provisions, conditions and plans contained therein, including without limitations in the Technical Specifications, are known and clear to him, and that it has the knowledge, capability and experience to perform this Agreement and supply the Goods contemplated in the Order All the terms and conditions regarding the manufacture, inspection and supply of the Goods are detailed in the Technical Specifications. The Supplier undertakes to strictly comply with all of the terms stated herein and therein, also insofar as such terms and conditions relate to the manufacturer of the Goods. The manufacturer's and/or coater's signature of the Technical Specifications shall not in any way relieve the Supplier from any of its obligations and/or liabilities under this Agreement including without limitation with respect to compliance of the Goods' with the Technical Specifications The Supplier undertakes that any and all materials that it shall use for performance of an Order will be new, durable and of excellent quality, as is accepted with respect to products of such type The Supplier undertakes that the Goods that shall be supervised, inspected and supplied thereby according to the Order shall comply with all the Technical Specifications and standards (Israeli or international standard), and will forward, upon the Company's demand, documents attesting to compliance with such standard The Supplier undertakes that the Goods will be of the type, quality, dimensions, material and processing specified in the Order and/or in accordance with the Technical Specifications, standards, models and samples delivered by the Company Organization and Qualification: Supplier is a corporation duly organized, and validly existing. Supplier is duly qualified to do business and is in good standing in all jurisdictions in which the ownership of its properties or the nature of its business makes such qualification necessary Power and Authority: Supplier has the corporate power and authority to own its properties and assets, to conduct its business as presently conducted and to execute, deliver and perform this Agreement. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I 2.8. Execution and Binding Effect: This Agreement has been duly and validly executed and delivered by Supplier and constitutes the legal, valid and binding obligation of Supplier enforceable against Supplier in accordance with its terms No Breach, Default, Violation or Consent: The execution, delivery and performance by Supplier of is Agreement does not and will not: violate Supplier's charter, articles of association or certificate of organization or operating agreement or by-laws; breach or otherwise violate any order, writ, judgment, injunction or decree issued by any governmental entity which names Supplier or is directed to Supplier, its business or any of its assets; violate any law, rule, regulation, ordinance or code of any governmental entity (each a Governmental Rule ); or require any consent, authorization, approval, exemption or other action by, or any filing, registration or qualification with, any governmental entity Business Permits: There are no governmental permits, licenses, franchises, certificates, authorizations, consents or approvals necessary under applicable Governmental Rules held by Supplier with respect to its business or the Goods which are required to be transferred to Company or obtained by Company in order for Company to use the Goods Skills and Know-How: Supplier possesses all the skill, know-how, ability, experience and means, financial and otherwise, to successfully complete its obligations under this Agreement in complete and total conformance with the Technical Specifications, the time schedule and any other relevant information or know-how in the field of the Supplier. The Supplier provides this representation and warranty fully aware of all factors and conditions that may affect the progress or completion of its obligations under this Agreement. 3. Liability 3.1. The Supplier is responsible for the quality of the Goods, including all of the parts, components and accessories thereof, and for the working order of such Goods for a period of 20 months from the date of supply thereof or 12 months from the date of commencement of use thereof by the Company, whichever the latter (the Warranty Period ) Without derogating from any warranty by law, in the event that any flaws, defects, faults or deficiencies are discovered in the Goods during the Warranty Period, which are not the result of incorrect use by the Company: The Supplier will be liable for any damage caused to the Company as a result thereof. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I The Supplier will be required to repair, as soon as possible and at its expense, any flaw, defect, faults or deficiencies as aforesaid, or should the Company so demand, to replace any item with another new item with a corresponding function in accordance with the Order. Any such repair and/or replacement shall be carried out as soon as possible, at the Supplier's expense and to the Company's full satisfaction The burden of proving that the flaw, defect, faults or deficiencies in the products were caused as a result of incorrect use by the Company will be borne by the Supplier If the Supplier fails to fulfill its undertakings during the warranty period as aforesaid, the Company will be entitled, without prejudice to any of its other rights, to repair or replace the products itself and to charge the Supplier with the expenses of the repair and/or replacement as aforesaid. The Supplier will indemnify the Company for any such expense immediately upon demand The Supplier will be liable to the Company and/or anyone on its behalf and/or its employees and/or agents for any damage and/or expense that it shall incur, including in respect of demands or claims that it shall receive from third parties, with respect to or deriving from the fulfillment of this Agreement by the Supplier, including due to a delinquency in the date of supply and/or the supply of Goods which do not meet the terms and conditions of this Agreement or the Tender documents, including the Appendixes thereto. The Supplier shall indemnify the Company immediately upon receipt of a demand in respect of the aforesaid, without derogating from any other remedy or right available to the Company in such a case. 4. Supervision and Inspection 4.1. The Supplier shall inspect, test and certify the Goods in compliance with the relevant Agreement documents, including without limitation the Technical Specification. Supplier shall give at least seven (7) days prior written notice of its intention to perform such tests. Such notice shall state the location of such tests and Company shall be entitled to be represented thereat. No Goods shall be dispatched without written release or written waiver of inspection by Company. Within seven (7) days of any request of Company, Supplier shall supply a copy of the Supplier's test sheets certified by Supplier to be a true copy. Before dispatching the Goods, Supplier shall carefully inspect and test them for compliance with the Contract. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I All tests shall be at Supplier's costs and risks Company shall be entitled to request additional or repetition of inspection and tests of the Goods during manufacture or storage or as otherwise set out in the Agreement. If Company exercises this right Supplier shall provide or shall ensure the prompt provision of all such facilities as may reasonably be required by Company therefore If the results of such additional or repeated inspection and tests show that the Goods comply with the Agreement requirements, Company shall reimburse at cost to Supplier the direct expenses incurred for said inspection and tests, and, should such inspection or tests actually delay the delivery of the Goods, Company shall grant Supplier a corresponding extension of time for delivery. If the result of said inspection and tests show that the Goods do not, in the reasonable opinion of Company, comply with the Agreement requirements, the expenses of said inspection and tests and related correction or rework of the Goods shall be borne by Supplier without any effect on the schedule If as a result of any inspection or test under this Section 4, Company is of the reasonable opinion that the Goods do not comply with the requirements of the Agreement or are unlikely to so comply on completion of manufacture or processing, it may inform Supplier in writing of its decision to reject such Goods in which case Supplier shall within the schedule of the Order supply, at no additional cost to Company, Goods which comply with the requirements of the Agreement in place of those rejected Should Supplier fail to comply with the provisions of this Section 4 and make dispatch in contravention of the requirements hereof then Company may at its sole option provisionally receive the Goods without prejudice and the Goods shall be thereafter inspected and tested at Supplier's costs, and if found defective or inferior in quality to or differing from the requirements of the Agreement, may be rejected in whole or in part at the sole option of Company. For any such rejected Goods, Company shall have the option either to have said Goods replaced by Supplier or to exclude same from the Order, in which case any sums already paid with respect to such rejected Goods shall be forthwith reimbursed by Supplier. Company shall be entitled to order such Goods from another vendor, and Supplier shall reimburse Company for any additional cost incurred by Company in so doing. Goods so rejected shall be removed at Supplier's own cost and risk within eight (8) days from the date of receipt of notification of rejection. In the event of Supplier failing to take back Goods so rejected as aforesaid, Company shall be at liberty to return the rejected Goods or any of them at Supplier's cost and risk. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I 5. Prices 4.6. This Section shall be without prejudice to any other rights and/or remedies Company may have under the Agreement and/or at law, as a result of aforesaid breach(es) by Supplier The carrying out or failure to carry out or observe any inspection or examination or test of the Goods shall in no way relieve Supplier of his obligation to comply with all requirements of the Agreement, including without limitation the warranty provisions The prices of the Goods will be in accordance with the provisions of the Order alongside each unit, and the prices will be fixed and subject to no increment for whatever reason, apart from such increment as shall be agreed to by the Company in advance and in writing. Prices stated in foreign currency will be paid according to the representative rate on the date of issuance of the invoice, unless the Order explicitly states otherwise The prices for the Goods include all consideration in respect of the supply of the Goods, including anything needed to be performed or supplied by the Supplier, for the entire period through unloading of the Goods at the Company's site (as detailed herein) and until the end of the Warranty Period as stated in this Agreement. Without limiting the generality of the above, such price includes all equipment and manpower, inspection and supervision, production and supply, and any and all types of ancillary payments (including, without limitation: insurance, food and lodging, travel and transportation costs, and any expenses or inputs of the in connection with quality assurance, acceptance tests, etc.) It is hereby clarified that the Company will not be charged for items that are supplied other than in accordance with the terms and conditions of the Order All of the prices for domestic supply include transportation and unloading at the Company's facilities in southern Israel (i.e. Ashkelon and/or Be'er Sheva, in accordance with the Company's prior notification), subject to prior coordination with the Company. 6. Taxes and Customs Duties 6.1. Supplier shall bear and discharge under his sole liability all and any taxes, imposts, levies, fees, stamps, customs duties and the like, associated with the supply of the Goods and levied by whatsoever authorities, (not expressly payable by Company under the Order). Supplier shall likewise bear and discharge under his sole liability any fines and/or penalties pertaining to any of the above. In addition, when so required the Company shall withhold and deduct at source Israeli withholding tax. 3 Hasadnaot st. I Hertzeliya Pituach I Mail Box 2121 I Zip Code I Tel I Fax I 6.2. Supplier shall indemnify and hold Company harmless against claims/liabilities in respect of the foregoing. 7. Changes to the Order 7.1. The Supplier will not be entitled to introduce any change to the Goods relative to the Order unless the Company's prior written consent is given thereto No change shall be made to any of the terms and conditions or provisions of the Order unless agreed in writing between the Company and the Supplier. 8. The Company's Rights in the Case of Failure to Timely Supply the Goods 8.1. The date of supply of the Goods specified in the Order is a fundamental condition of the Order, and therefore failure to timely supply the Goods or any part thereof shall constitute a fundame
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