EEU Tender for GC (Gas Chromatograph)
Reference Specification for test setup having GC (Gas Chromatograph) with HEAD SPACE AUTO SAMPLER to carry out Dissolved Gas Analysis of insulating oils as per International Standard ASTM-3612-02 Method - C
1. Termination
1.1 This Contract shall terminate automatically if it has not given rise to any delivery within a contract period stated in the SCC Clause 7.5 after its signature by both parties.

1.2 Termination shall be without prejudice to any other rights or powers under the contract EEU and the Supplier.

1.3 In addition to the grounds for termination defined in these General Conditions, EEU may, by not less than thirty days written notice of termination to the Supplier stating the reason for termination of the contract and the date on which such termination becomes effective. (except in the event listed in paragraph (o) below, for which there shall be a written notice of not less than sixty days), such notice to be given after the occurrence of any of the events specified in GCC Sub-Clause 22.3 (a) to (p), terminate the Contract if:
(a) The supplier fails to deliver any or all of the Goods or Related Services within the period specified in the Contract, or within any extension thereof granted by EEU pursuant to GCC Clause 63 or if the Goods do not meet the technical specifications stated in the Contract;

(b) The Supplier fails to remedy a failure in the performance of their obligations as specified in a notice of suspension of assignment pursuant to GCC Clause 21 within thirty days of receipt of such notice of suspension of assignment or within such period other agreed between the Parties in writing;

(c) The Supplier becomes insolvent or bankrupt or enters into any agreements with its creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary, other than for a reconstruction or amalgamation;

(d) The Supplier fails to comply with any final decision reached as a result of direct informal negotiation pursuant to GCC Sub-Clause 26.2 hereof;

(e) The Supplier is unable as the result of Force Majeure, to perform a material portion of the Services for a period of not less than sixty days;

(f) The Supplier assigns the contract or sub-contracts without the authorization of EEU;

(g) The Supplier has been guilty of grave professional misconduct proven by any means which EEU can justify;

(h) The Supplier has been declared to be in serious breach of contract financed by the Federal Democratic Republic of Ethiopia's budget for failure to comply with its contractual obligations.

(i) The Supplier has been engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

(j) Any organizational modification occurs involving a change in the legal personality, nature or control of the Supplier, unless such modification is recorded in an addendum to the Contract;

(k) Any other legal disability hindering performance of the Contract occurs;

(l) The Supplier fails to provide the required guarantees or insurance, or the person providing the underlying guarantee or insurance is not able to abide by its commitments.

(m) Where the procurement requirement of EEU changes for any apparent or obvious reason;

(n) Where it emerges that the gap between the value of the contract Agreement and the prevailing market price is so wide that allowing the implementation of the contract to proceed places EEU concerned at a disadvantage;

(o) EEU, in its sole discretion and for any reason whatsoever, decides to terminate the Contract.

(p) The accumulated liquidated damage reached its maximum as stated in GCC Clause 27.1(b).

1.4 The Supplier may, by not less than thirty days written notice to EEU, of such notice to be given after the occurrence of any of the events specified in GCC Sub-Clause 22.4 (a) to (d) Terminate the Contract if:
(a) EEU fails to pay any money due to the Supplier pursuant to the Contract and not subject to dispute pursuant to GCC Clause 26, within forty-five days after receiving written notice from the Supplier that such payment is overdue;

(b) EEU is in material breach of its obligations pursuant to the Contract and has not remedied the same within forty-five days (or such longer period as the Supplier may have subsequently approved in writing) following the receipt by EEU of the Supplier’s notice specifying such breach;

(c) The Supplier is unable as the result of Force Majeure, to perform a material portion of the Services for a period of not less than sixty days; or

(d) EEU fails to comply with any final decision reached as a result of settlement of disputes pursuant to GCC Clause 26 hereof.

1.5 If either Party disputes whether an event specified GCC Sub-Clauses 22.3 (a) to (n) or GCC Sub-Clause 22.4 has occurred, such Party may, within forty-five days after receipt of notice of termination from the other Party, refer the matter to settlement of disputes pursuant to GCC Clause 26 and the Contract shall not be terminated on account of such event except in accordance with the terms of any resolution award.

1.6 In the event EEU terminates the Contract pursuant to the GCC Sub-Clause 22.3 (a) to (n) EEU may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to EEU for any additional costs for such similar Goods or Related Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

1.7 If EEU terminates the Contract in the event specified in GCC Sub-Clause 22.3 (o) the notice of termination shall specify that termination is for EEU's convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.

1.8 If EEU terminates the Contract in the event specified in GCC Sub-Clause 22.3 (o) the Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s receipt of notice of termination shall be accepted by EEU at the Contract terms and prices. For the remaining Goods, EEU may elect:
(i) To have any portion completed and delivered at the Contract terms and prices; and/or

(ii) To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.

1.9 In the event EEU terminates the Contract pursuant to the GCC Sub-Clause 22.3 (c) termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to EEU.

1.10 In the event of any termination by EEU under this Clause, for the avoidance of doubt, the Supplier will not be restricted from making any claim in respect of the Contract Price to the extent the Contract Price is outstanding and due and payable.

2. Arrangements on Termination
2.1 EEU and the Supplier agree that termination or expiry of the Contract shall not affect either Party's obligations which the Contract provides shall survive the expiration or termination of the Contract.

2.2 After termination or expiry all data, documents and records (whether stored electronically or otherwise) relating in whole or in part to the supplied Goods and Related Services shall be delivered by the Supplier to EEU provided that the Supplier shall be entitled to keep copies thereof to the extent that the information contained therein does not relate solely to the Goods and Related Services or to the extent that the Supplier is required by law to maintain copies thereof or to the extent that the Supplier was possessed of such data documents and records prior to the date of the Contract. In addition, the Supplier shall co-operate fully with the Contracting Authority or any Procuring Entity during the handover leading to the termination of the Contract. This co-operation shall extend to full access to all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements.

3. Cessation of Rights and Obligations
3.1 Upon termination of the Contract pursuant to GCC Clauses 22, or upon completion of the Contract, all rights and obligations of the Parties hereunder shall cease, except
(a) Such rights and obligations as may have accrued on the date of termination or expiration;
(b) The Supplier's obligation to permit inspection, copying and auditing of their accounts and records set forth in GCC Clause 46; and
(c) Any right which a Party may have under the Governing Law
(d) The warranty right provided for under Clause 25.