Terms and Conditions

SCOPE

Scope of the present job is the procurement and supply of equipments and spare parts, documentation and services, by the “Seller”, to the End User.
The Seller will bear all the risks to operate and send personnel in Iraq, southern region, and indemnify the End User against any damages on account of security for the Seller’s personnel operating in Iraq, during the entire period of the above mentioned job if any.

SUBMISSION OF OFFERS

Offers may be submitted to the site of the “STATE COMPANY OF PETROCHEMICAL INDUSTRIES" Khour Al-Zubair, Basra, Iraq, or may be sent to the email petrotenderq@yahoo.com and should be separated into two separate closed envelopes:
  First:
      Include the technical specifications (should not include prices).
  Second:
      Include commercial features, tender name , number and the closing date should be written on the envelopes.

The offers must show the following:

  1. Enq. Number, name & closing date.
  2.  Prices should be submitted in (FOB+CIF)and in USD currency.
  3. Delivery schedule.
  4. Validity: at least 3 months.
  5. Bid bond: 3% of the total value of offer required.
  6. Origin of good.
  7. Bank information.
  8. Past performance information for similar jobs.
  9. A statement of agreement with all terms & conditions mentioned in this enq.

PACKING

Packing of the equipment is included for marine and land transportation, numbering and labeling of the cases will be done according to Seller standards.

Packing of the documentation drawings and technical specifications is included for normal in­land transportation, numbering and labeling of the cases will be done according to Seller standards.

DELIVERY

DDP to SCPI Basrah / Iraq.

The Seller has to bear the costs, risks and other charges of bringing the goods & documents including duties, taxes and other official charges payable upon importation.

DELIVERY PERIOD

At least 6 months from the date of receipt of operative L/C. The seller will pay penalties equal to 0.5 % of the delayed goods & services for each delayed week ( part of the week considered as one week) total value of the penalties should not exceed 10 % of the total value of the contract.

WARRANTY

The Seller has to warrant the quality of the services paid to the End User and will produce the documents and services in accordance to ISO 29000 quality control standards. The Seller warrant the good quality, new construction, completeness and compliance with the performances of the goods scope of the present Job.

INSPECTION AND TESTS

The routine tests are carried out by the Seller according to the ISO-UNI-IEC rules and his internal quality standards.

The Seller will release the concerned test certificates and conformity documents in accordance to the agreed time schedule.

The Seller has the right to attend at the unpacking of the equipment at End User site to verify any damage should occurred during transportation, handling, storage at End User site. In particular for special equipment, the Seller has to specify the maximum storage time, after this date any substitution of the concerned equipment may occur is a total charge of the End User

The final test of the equipment will be done at End User Plant after arrival of materials; an acceptance certificate will be released by the End User

DOCUMENTATION

All the documentation, origin, drawings and technical specifications, preliminary, for review and as built, produced by the Seller to fulfill the scope of the Contract has to be delivered in (3) three hard copies and (3) three software copies on CD Rom.

All the documentation, drawings, manuals, certificates will be in English and will be supplied in accordance to the quantity above mentioned and with modalities, and time specified in the CONTRACTUAL DOCUMENTS.

SPARE PARTS

The Seller shall assure the spare parts availability for a period of 10, say ten years according to the EN.

The spare parts can be ordered by the End User to the Seller only through the Seller Agent. The commissioning spares are included in the price of the scope of present Contract and the ones not utilized by Seller personnel during the commissioning will be left to the End User for his use.

A list of commissioning spares and consumables will be supplied to the Buyer during engineering stage.

CONFIDENTIALITY

All the documents, drawings, data and information received by the Seller are exclusive property of the Seller the End User is aware they are subject to the Industrial Secret bind. The End User will treat the above as strictly confidential and oblige himself to use them only for the purpose to implement this Contract and for proper operation and maintenance.

FORCE MAJEURE

Neither party shall be responsible for any failure of the fulfillment of their obligation, if such failure is due to an event, which is beyond each parties control.

Delivery date of services, surveys or documentation can be delayed without any right from the End User to claim for compensation, damages, refund or application of penalties by causes of Force Majeure.

The events listed thereof, are to be considered Causes of Force Majeure:

  • National Strikes
  • Fires
  • Epidemics
  • Flooding
  • Natural calamites

Due to the particular conditions of the Iraq country the Seller has to organize his logistic and travel to grant the security of his personnel employed in the End User Plant, as well as any travel for meetings and discussions in each part of Iraqi country related to the negotiation and fulfillment of this Contract.

The Seller Shall bear and include in his proposal as separate voice all the costs related to the security. Force Majeure clause will not apply for the specific voices:

  • Insurrections, revolutions
  • Riots, civil war
  • Not declared war

DISPUTES

The Iraqi Law shall governed the contract and all the disputes may rise between the Parties in term of validity, interpretation or execution of the present Contract shall be settled by the Tribunal of Basrah. The language of arbitration is the English. The place of arbitration is the Tribunal of Basrah/Iraq

TERMS OF PAYMENTS

By open irrevocable letter of credit payable as following:

  • Seventy five per cent (90%) of the amount of the Contract related at the voice equipment and spare parts shall be paid to the Seller by means of money transfer, pro-quota, at the delivery of the equipment and spare DDP End User Plant, Iraq.
  • Fifteen per cent (10%) of the amount of the Contract related at the voice equipment and spare parts shall be paid to the Seller by means of money transfer, after the successful completion of all the Contractual tests and the release of the final acceptance certificate by the End User.

PERFORMANCE BOND

Submitting a letter of guarantee (L/G) on rate 5% of total value as a performance bond upon signing of contract.