Section IX: Special Conditions of Contract IX.

1/10
CHAPTER IX
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract shall supplement the General Conditions of
Contract. Wheneer there is a conflict! the proisions herein shall preail oer those in the
General Conditions of Contract. The corresponding clause num"er of the GCC is indicated in
parent theses.
Clause Item Contents
1 4
The National Power Transmission Cororation
representatie "#
Central Power Pro!e"ts #ana$ement %oar&
4'( )*+ street, Hai Chau Distri"t, Da Nan$ Cit-, .iet Nam
Tel/ 0(4 12111)))34'11)))3(4( Fa5/ 0(4 12111)))346'
2 The Sulier
is/ ..................................................................................................
[The Company is awarded the Contract].
( $ffectie %ate of the Contract: The contract shall enter into full force and
effect on the date of the contract signing.
+ Incoterms: &010! pu"lished "# the International Cham"er of Commerce!
'aris
) (thers application: none
4 )pplica"le *aw: +ietnamese *aw.
2 1 Per7orman"e Se"urit-/
, Within fifteen -1./ da#s of receipt of the notification of Contract award!
the successful 0idder shall furnish to the 'urchaser the performance
securit#.
, The performance securit# shall "e in one of the following forms:
1 ) "an2 guarantee issued "# a reputa"le "an2 legall# operated and located
in +ietnam or a"road! in the form the proided in 3orm 14 ,Section X or
another form accepta"le to the 'urchaser. If the performance securit# issued
"# a foreign "an2! it is re5uested that the securit# should "e issued through
its legall# operated representatie office in +ietnam -if an#/ or its alidit#
should "e confirmed "# a +ietnamese 0an2 which hae the agent
relationship with the issuing 0an2.
1 ) cashier6s or certified chec2 accompanied "# a letter stating that all
conditions of the 'erformance Securit# shall "e strictl# conformed "# the
Contractor.
1 7one# transfer to the 'urchaser oer TT8 or SWI3T stating that strictl#
conformed to condition Contract.
, The amount of performance securit#! as a percentage of the Contract "e
'rice! shall "e ten -10/ 9.
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.&/10
, +alidit# of performance securit#: performance securit# is alid until
the ...... da# ............ of &0...
4 )fter delier# and acceptance of the Goods! the performance securit# shall
"e discharged "# the 'urchaser and returned to the Supplier not later than
thirt# -:0/ da#s following the date of completion of the Supplier6s
performance o"ligations under the contract and Supplier6s warrant#
o"ligation will "e coered "# a warrant# securit# in the amount of fie -./
percent of the Contract price.
6 Contra"t 7orm: *ump sum contract
' 4 (ther re5uirements: none
13 Re8uirement o7 ta5/
Ta; remuneration is in accordance to the e;isting law on ta;ation of
+ietnam.
11 'rice ad<ustment: none
1) an&
14
1 Pa-ment/
The method and conditions of pa#ment to "e made to the Supplier under
this Contract shall "e as follows:
Payment for Goods supplied from abroad:
'a#ment of foreign currenc# portion shall "e made in =.S %ollar -=S%/ in
the following manner:
-a/ )dance 'a#ment: Ten -10/ percent of the Contract 'rice of Goods
shall "e paid "# T/T 8emittance within fort# fie -4./ da#s of
signing of the Contract upon su"mission of documents:
, Claim for adance pa#ment.
, (ne -01/ original of )dance 'a#ment Securit# -for e5uialent
amount and name of >+ -if an#/ and alidit# until the Goods are
deliered plus thirt# -:0/ da#s. )dance 'a#ment Securit# shall
"e issued "# reputa"le local "an2 or reputa"le "an2s located
outsides the 'urchaser6s countr#! including schedule "an2s or
nationali?ed "an2s. If the institution issuing the securit# is
outside the countr# of the 'urchaser! it shall has a correspondent
financial institution located in the countr# of the 'urchaser to
ma2e it enforcea"le and in the form proided in the contracts or
another form accepta"le to the 'urchaser.
-"/ (n %elier#: $ight# -@0/ percent of the Contract 'rice of the Goods
shipped shall "e paid "# T/T 8emittance within thirt# -:0/ da#s
when the 'urchaser receipt the Goods and upon su"mission of
documents specified in SCC Clause &..
-c/ (n )cceptance: Ten -10/ percent of the Contract 'rice of Goods
receied shall "e paid "# T/T 8emittance within thirt# -:0/ da#s of
receipt of the Goods upon su"mission of claim supported "# the
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Section IX: Special Conditions of Contract IX.:/10
acceptance certificate issued "# the 'urchaser and the Warrantee
0ond with the alue e5uialent to $% of Contract 'rice.
)pplica"le for the charges of carr#ing out customs formalities pa#a"le upon
import of the Goods -manpower for Goods receipt/ and inland
transportation! insurance! and other local serices re5uired to cone# the
Goods to the 'urchaser6s warehouse: (ne hundred -100/ percent of the
Contract 'rice of these wor2s shall "e paid "# T/T 8emittance when the
'urchaser receipt the Goods and upon su"mission of documents specified in
GCC Clause &. and the %elier# 8ecord of Goods signed "# the 'urchaser
and the Supplier.
Payment for Goods and Services supplied from within the Purchasers
country:
'a#ment for Goods and 8elated Serices supplied from within the
'urchaser6s countr# shall "e made in +ietnam %ong -+A%/ "# T/T
8emittance of total contract price of Goods on the "asis of selling rate
issued "# +I$TC(70)AB within :0 da#s at the date of pa#ment at the
following manners:
-a/ )dance 'a#ment: Ten -10/ percent of the Contract 'rice of
Goods shall "e paid "# T/T 8emittance within fort# fie -4./ da#s
of signing of the Contract upon su"mission of documents:
, Claim for adance pa#ment.
, (ne -01/ original of )dance 'a#ment Securit# -for e5uialent
amount and name of >+ -if an#/ and alidit# until the Goods are
deliered plus thirt# -:0/ da#s. )dance 'a#ment Securit# shall
"e issued "# reputa"le local "an2 or reputa"le "an2s located
outsides the 'urchaser6s countr#! including schedule "an2s or
nationali?ed "an2s. If the institution issuing the securit# is
outside the countr# of the 'urchaser! it shall has a correspondent
financial institution located in the countr# of the 'urchaser to
ma2e it enforcea"le and in the form proided in the contracts or
another form accepta"le to the 'urchaser
-"/ (n %elier#: $ight# -@0/ percent of the Contract 'rice of the
Goods shipped shall "e paid "# T/T 8emittance within thirt# -:0/
da#s when the 'urchaser receipt the Goods and upon su"mission of
documents specified in SCC Clause &..
-c/ (n )cceptance: The remaining ten -10/ percent of the Contract
'rice of Goods shall "e paid to the Contractor within thirt# -:0/ da#s
after the date of the acceptance certificate for the respectie delier#
issued "# the 'urchaser and upon the su"mission the Warrantee
0ond with the alue e5uialent to .9 of Contract 'rice.
)pplica"le for the inland transportation! insurance! and other local serices
re5uired to cone# the Goods to the 'urchaser6s warehouse: (ne hundred
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.4/10
-100/ percent of the Contract 'rice of this wor2 shall "e paid "# T/T
8emittance when the 'urchaser receipt the Goods and upon su"mission of
documents specified in GCC Clause &. and the 7inute of delier and
receipt of Goods signed "# the 'urchaser and the Supplier.
The currenc# for pa#ment of +)T shall "e in +ietnam %ong -+A%/ on the
"asis of selling rate issued "# +I$TC(70)AB in the +)T Inoice.
%etails of pa#ments documents in one -01/ original and 0. notarial copies
-notari?ed "# originator or "# the state notar# pu"lic/ to "e furnished "# the
Supplier shall "e :
a/ 'erformance securit#C
"/ )dance 'a#ment securit#C
c/ Warrant# securit#C
d/ Inspection certificate issued "# the nominated inspection agenc#!
and the Supplier6s factor# inspection reportC and
e/ Insurance certificateC
f/ 7anufacturer6s certificatesC
g/ )nd other needed documents.
14 1 e/ (ther criterions: none
12 1 c/ (ther cases: none
16 Li8ui&ate& Dama$es/
)pplica"le rate shall "e 19 per wee2 of the dela#ed Goods or unperformed
Serices. )fter 4 wee2s the rate shall "e &9 per wee2 and shall not e;ceed
@9 of the "reached contract alue.
1' 1 c/ (ther cases: none
)1 The standards are applied to each e5uipment and materials under this
Contract in Section &'': Technical speciication.
)4 1 Inse"tion an& tests rior to shiment o7 9oo&s an& at 7inal
a""etan"e are as 7ollows/
-a/ )ll materials and e5uipment shall "e inspected to ensure the
conformit# to the re5uire technical specifications
-"/ Within thirt# -:0/ da#s of the effectieness date of the Contract! the
Supplier shall delier to the 'urchaser the list of inspections and/or
tests which will "e conducted "# either the Supplier itself or its su",
contractor. )ccording to the list! the 'urchaser shall select and
decide inspections and/or tests to "e witnessed.
-c/ Aot later than thirt# -:0/ da#s prior the performance of an inspection
and/or test which is confirmed to "e conducted in the presence of
the 'urchaser! the Supplier shall notif# the 'urchaser in writing the
date! time! enue and contents of such inspection and/or test.
-d/ Aot later than fifteen -1./ da#s prior to the performance of an#
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX../10
inspection and/or test! the 'urchaser shall notif# in writing to the
Supplier of his intention to witness the inspection and/or test.
-e/ The Supplier shall facilitate the 'urchaser6s representaties to
access the Supplier6s manufacturing factories at an# time during the
wor2ing time in order to o"sere the performance of such
inspection and/or test.
)ll costs relating to testing! training! witnessing the inspection including
transportation! accommodation shall "e "orn "# the Supplier -the Supplier
shall offer separate price for such portion for the selection of the 'urchaser.
)t signing of the Contract! the e;act amount and terms of pa#ment for
testing! training and o"sering the inspection "# the 'urchaser6s personnel
shall "e specified/.
Aotwithstanding the 'urchaser6s o"seration of the inspection and/or test!
it shall "e in an# wa# release the Supplier from an# warrant# or other
o"ligations under this Contract.
Inspection and tests at final acceptance of Goods:
The 5uantit# and status of goods shall "e inspected "# an inspection unit at
the port of destination or at the 'urchaser6s warehouse within :0 da#s from
the arrial date of Goods at destination port or destination warehouse. The
'urchaser shall send the Inspection 8eport to the Supplier within fie -./
da#s from the date of inspection. In case of discrepanc# in the 5uantit# and
5ualit# of goods to the re5uirements agreed in the Contract! inspection
report of inspection unit shall "e used for claiming purposes! if an#! against
the insurance compan# or the carrier or the Supplier. Inspection costs shall
"e "orn "# the 'urchaser! e;cept in case of the Supplier6s faults.
Claims with supporting documents shall "e made "# fa; or registered mail
to the Supplier not later than fort#,fie -4./ da#s of unloading of goods.
Wheneer such claim is proed to "e of the Supplier6s responsi"ilit#! the
Suppliers shall notif# the 'urchaser of the results within fifteen -1./ da#s
after receiing the 'urchaser6s claim.
In case of nonconformit# or discrepanc#! the Supplier is lia"le to suppl# at
its own e;pense of the re5uired replacement of the defectie goods on the
"asis of the 'urchaser6s warehouse or the pro<ect site. The 'urchaser will
send "ac2 the nonconforming goods at the Supplier6s re5uest and e;pense.
The Supplier shall hae the right to present in these inspections at his
e;penses.
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.D/10
)4 Pa":in$/
-a/ The Supplier shall "ear all charges and costs of pac2ing of oerseas
shipment! mar2ing! lighterage! 5ua# portage! port and doc2 dues
and duties on the cargo! carriage! steedoring! attendance to
customs formalities loading into hold of the essel at the 'ort of
Shipment! unloading of goods from essel to 5ua# or "arges at final
destination.
-"/ The Contract goods shall "e properl# pac2ed according to the )ir E
Seaworth# -or 8oadworth#/ $;port Standard 'ac2ing.
-c/ The containers weight oer : tons or si?ed oer 1m
:
should "e
mar2ed F0G or FTTG at its center.
-d/ The following mar2s and code num"er shall "e made with indeli"le
paint on the e;ternal surface of each case/drum.
To: Socialist 8epu"lic of +ietnam
1. 'ro<ect: Installation of &&02+,&.07+) transformer in .002+ Hiep
Hoa su"station.
&. Contract Ao: ..........................................................................
:. Consignee : .............................................................................
4. Consignor : .............................................................................
.. 'ort of Shipment : ...................................................................
D. 'ort of %estination :
I. Shipping 7ar2 :
, The pac2age num"er
, The measurements of pac2age Jdimension -m/ / olume -m
:
// weight
-2g/K
, The lifting position
, The *etter of Credit num"er
@. )nd other specific mar2s :
$ach case/drum shall "e conspicuousl# mar2ed on the sides with FHandle
with careG! F8ight side upG! F3ront of e5uipmentG etc! together with
international s#m"ols according to the different characteristics and
re5uirements for transportation! unloading of the goods if it is.
L. Transport 7ar2
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.I/10
)2 Deli;er- an& Do"uments/
1. The goods shall "e deliered within @ months from the $ffectie %ate
of the Contract.
Goods are allowed to "e deliered in 0& partials.
&. Conditions and 'lace of delier#: )t site
, 'urchaser6s warehouse: -shall "e proided in details in the
contracts/: Hiep Hoa %istrict! 0ac Giang proince !+ietnam.
:. Aotice and %ocument
3ifteen -1./ da#s prior to each shipment! the Supplier shall notif# the
'urchaser and the Insurance Compan# "# 3acsimile or Tele; the full
detailed list of shipment.
(n shipment! the Supplier shall mail the following documents "# post to the
'urchaser! with a cop# to the Insurance Compan#.
-i/ The original and fie -./ copies of the Supplier6s claim for
pa#mentC
-ii/ The original and fie -./ copies of the Supplier6s inoice
showing Goods6 description! 5uantit#! unit price! and total
amount
Bidding document Package 2: Supply o Primary !"uipment and #aterials
CP#%
-Aame of the Supplier/
'ro<ect:
'nstallation o 22(k&)2$(#&* transormer
in +iep +oa $((k& su,station
I
Scope of suppl#:
Suppl# of 'rimar# $5uipment and 7aterials.
Contract Ao.:
..../.../C'70
Section IX: Special Conditions of Contract IX.@/10
-iii/ The original and fie -./ copies of the negotia"le! clean! on,
"oard "ill of lading mar2ed Ffreight prepaidG and fie -./
copies of non,transfera"le "ill of ladingC
-i/ The original and fie -./ copies of the pac2ing list -for goods
supplied from a"road/ and delier# note! railwa# receipt! or
truc2 receipt -for goods supplied from within the 'urchaser6s
countr#/ identif#ing contents of each pac2ageC
-/ The original and fie -./ copies of Insurance certificateC
-i/ The original and fie -./ copies of 7anufacturer6s or
Supplier6s warrant# certificateC
-ii/ The original and fie -./ copies of Inspection certificate! issued
"# Inspection )genc# -adanced specified/ or Inspection
certificate! issued "# 7anufacturer or Supplier6s factor#C
-iii/ 3ie -./ copies of Certificate of origin.
-i;/ The original and fie -./ copies of inoice of charges of
carr#ing out customs formalities pa#a"le upon import of the
Goods. -or local -oods: &*T in.oice/.
The a"oe documents shall "e receied "# the 'urchaser at least one -01/
wee2 "efore arrial of Goods at the port or place of arrial and! if not
receie! the Suppler will "e responsi"le for an# conse5uence e;penses.
Technical %ocuments:
-a/ %uring the design process! the Supplier shall furnish to the
'urchaser all drawings and technical specifications of the
goods for the Supplier6s reiew.
-"/ )ll the technical documents relating to the manufacture
design and technical documents for purpose of ciil wor2s
design of the 'urchaser shall "e su"mitted to the 'urchaser
"# the Supplier within M wee2s from the $ffectie %ate of
the Contract.
-c/ )ll the drawings and relating document shall "e su"mitted to
the 'urchaser "# the Supplier in four -4/ copies! clearl#
mar2edG %rawings for reiewG
-d/ Within two wee2s after receipt "# the 'urchaser of the a"oe
documents! the 'urchaser shall return to the Supplier a cop#
of those documents! of which the modifications -if an#/ shall
"e clearl# indicated.
-e/ )ll the drawings return to the Supplier mar2ed F8eturn to
modif#G shall "e modified "# the Supplier and resu"mit to
the 'urchaser for further reiew. If the Supplier accept all the
modifications in the drawings mar2ed F8eturn to modif#G!
the# shall manufacture the goods continuousl#.
-f/ If the 'urchaser fail to ta2e such action within four -4/
wee2s! then the documents shall "e deemed to hae approed
"# the 'urchaser.
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.L/10
-g/ The reiew of the drawings of the 'urchaser shall not reliee
the Contractor of an# responsi"ilit# or lia"ilit# imposed upon
it "# an# proision of the Contract! particularl# the
responsi"ilit# and lia"ilit# on the 5ualit# and delier# of the
Goods.
-h/ 'rior to each shipment! the Supplier shall send to the
'urchaser si; -D/ copies of document of installation!
operation and maintenance as follows:
-i/ 3ie -./ copies shall "e sent "# e;press courier one -1/
month prior to date of shipment.
-ii/ (ne -1/ cop# shall "e sent together with the goods!
pac2ed according to transportation re5uirements.
)6 Insuran"e/
The Insurance shall "e in an amount e5ual to 1109 of the CI3 alue of the
Goods from Fwarehouse to FwarehouseG on F)ll 8is2sG "asis! e;cluding
War 8is2s and Stri2es.
)' %elier#:
)ll of Goods must "e deliered at site.
'urchaser6s warehouse: -shall "e proided in details in the contract/: %ong
da %istrict! Hanoi! +ietnam.
)( 1 (thers 8e5uirement of Warrant# for Goods:
)ll of goods are pristine.
) 8e5uirements of Warrant#:
In order to carr# out such proision! after the goods are deliered and
accepted! the alue of the 'erformance Securit# shall "e reduced to .9 of
the Contract or the 'erformance Securit# shall "e released upon su"mission
of a Warrant# 0ond "# the Supplier with the e5uialent amount. The
Warrantee 0ond shall "e released :0 da#s after thirt# -:0/ da#s after the
date of e;piration of Warrantee period.
The warrant# period shall "e &4 months from date of acceptance of the
Goods or :0 months from the date of shipment! whicheer occurs earlier. If
the goods is repaired or replaced! the warrant# period shall "e calculated
from the date of acceptance of such repair or replacement "# the 'urchaser.
The period for correction of defects in the warrant# period is -:0/ da#s from
the date of receipt of the 'urchaser6s notice.
)+ ) Time to mediate:......................................
8esolution of %isputes:
N The dispute resolution mechanism to "e applied pursuant to GCC Clause
1@ shall "e as follows:
The 'urchaser and the Supplier shall ma2e eer# effort to resole amica"l#
"# direct negotiation an# disagreement or dispute arising "etween them
under or in connection with the Contract.
Bidding document Package 2: Supply o Primary !"uipment and #aterials
Section IX: Special Conditions of Contract IX.10/10
If -:0/ da#s from the commencement of such negotiations -or a period as
agreed the 'arties when the dispute arose/! the 'urchaser and the Supplier
hae "een a"le to resole amica"l# a Contract dispute! either part# ma#
re5uire that the dispute "e referred for resolution to +ietnam economic
court if the Contract signed "etween the 'urchaser and local Supplier or to
+ietnam International )r"itration Center in accordance with its rules if the
Contract signed "etween the 'urchaser and foreign Supplier
43 1
Notices:
, 'urchaser6s address for notice purposes:
Central Power Pro!e"ts #ana$ement %oar&
4I@ &/L street! Hai Chau %istrict! %a Aang Cit#! +iet Aam
Tel: 1@4 ,.11,&&&0:I1,&&&0@:@ 3a;: 1@4 ,.11,&&&0:DI
, Supplier6s address for notice purposes:
Aame:........................................................................................
)ddress: ...................................................................................
Tel: ...........................................................................................
3a;: ..........................................................................................
$mail: .....................................................................................
Bidding document Package 2: Supply o Primary !"uipment and #aterials