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. Identification of Goods
1.1 All Goods that customarily bear any mark, tab, brand, label or other device indicating place of origin, inspection by any government or other body or standard of quality must be delivered with all the said marks, tabs, brands, labels, serial numbers or other devices intact.

2. Containers and Pallets
2.1 The Supplier shall collect without charge any returnable containers (including pallets) within 21 days of the date of the relevant delivery note unless otherwise instructed by EEU. Empty containers not so removed may be returned by EEU at the Supplier's expense or otherwise disposed of at EEU's discretion. The Supplier shall credit in full any charged containers upon collection or return.

3. Property and Risk
3.1 Notwithstanding delivery, ownership of the Goods shall not have passed from the Supplier until the full Contract Price of such Goods has been paid.

3.2 All tools, equipment and materials of the Supplier required in the performance of the Supplier's obligations under the Contract shall be and remain at the sole risk of the Supplier whether or not they are situated at the Location.

4. Tools etc.
4.1 Any tools, patterns, materials, drawings, specifications and/or other data provided by EEU to the Supplier in connection with the Purchase Order will at all times be at the Supplier's risk and remain the property of EEU and shall be delivered up to EEU immediately on request and are to be used by the Supplier solely for the purpose of completing the Purchase Order.

4.2 Any tools which the Supplier may construct or acquire specifically in connection with the Goods will remain the property of the Supplier unless it is agreed in writing that the property of the tools will be transferred to EEU upon payment by EEU of a charge.

5. Quality
5.1 The Goods shall be new, and shall be supplied strictly in accordance with the Specification and/or any sample previously provided to EEU and, unless otherwise agreed in writing, shall conform to all relevant standards, specifications and conditions and all work performed by the Supplier shall be in accordance with best practice. For the avoidance of doubt, the Supplier warrants that the Goods a re not scrap goods.

5.2 The Supplier warrants its expertise and confirms the accuracy of all statements and representations made in respect of the Goods prior to and subsequent to, the Purchase Order.

5.3 The Supplier agrees to assign to EEU upon request the benefit of any warranty, guarantee or similar right which it has against any third party manufacturer or supplier of the Goods or any part thereof.

6. Inspections and Tests
6.1 The Supplier shall carry out at its own expense and at no cost to EEU all such tests and/or inspections of the Goods and Related Services as are specified in the Statement of Requirements.

6.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place in the Federal Democratic Republic of Ethiopia as specified in the SCC. Subject to GCC Sub-Clause 61.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to EEU.

6.3 EEU or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 61.2, provided that EEU bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses.

6.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to EEU. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable EEU or its designated representative to attend the test and/or inspection.

6.5 EEU may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier's reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impede the progress of manufacturing and/or the Supplier's performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected.

6.6 The Supplier shall provide EEU with a report of the results of any such test and/or inspection.

6.7 EEU may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to EEU, and shall repeat the test and/or inspection, at no cost to EEU, upon giving a notice pursuant to GCC Sub-Clause 61.4.

6.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by EEU or its representative, nor the issue of any report pursuant to GCC Sub-Clause 61.6, shall release the Supplier from any warranties or other obligations under the Contract.

7. Rejection of Goods
7.1 Without prejudice to the operation of Sub-Clause 62.4, the Goods shall be inspected by EEU or on behalf of them within a reasonable time after delivery under Clause 53 of the Contract and may be rejected if found to be defective or inferior in quality to or differing in form or material from the Statement of Requirements of the Contract, or if they do not comply with any term, whether expressed or implied, of the Contract.

7.2 Without prejudice to the operation of Sub-Clause 62.4, EEU shall notify the Supplier of:
(a) The discovery of any defect within a reasonable time of its discovery and shall give the Supplier all reasonable opportunities to investigate such defect; and
(b) Any shortage or damage caused in transit and found on delivery within 14 days of delivery or such time as agreed by the Parties.

7.3 The whole of any delivery may be rejected if a reasonable sample of the Goods taken indiscriminately from that delivery is found not to conform in every material respect to the Statement of Requirements of the Contract.

7.4 EEU's right of rejection shall continue irrespective of whether EEU has in law accepted the Goods. In particular, taking delivery, inspection, use or payment by EEU of the Goods or part of them shall not constitute acceptance, waiver or approval and shall be without prejudice to any right or remedy that EEU may have against the Supplier provided that the right of rejection shall cease within a reasonable time from the date on which EEU discovers or might reasonably be expected to discover the latent defect or other relevant breach of contract.

7.5 Goods so rejected after delivery shall be removed by the Supplier at its own expense within fourteen days from the date of notification of rejection. If the Supplier fails to remove them within such period EEU may return the rejected Goods at the Supplier's risk and expense and charge the Supplier for the cost of storage from the date of rejection.

8. Extensions of Time
8.1 If at any time during performance of the Contract, the Supplier or its subcontractors should encounter conditions impeding timely delivery of the Goods or completion of Related Services pursuant to GCC Clause 53, the Supplier shall promptly notify EEU in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier's notice, EEU shall evaluate the situation and may at its discretion extend the Supplier's time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.

8.2 Except in case of Force Majeure, as provided under GCC Clause 19, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 27, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 63.1.

9. Performance Measurement
9.1 EEU shall ascertain whether the Supplier's provision of the Goods in question meets any performance criteria as specified in the Statement of Requirements or, if the criteria are not so specified, meets the standards of a professional supplier of the Goods. On or before the fifteenth working day of each calendar month during the Contract Period and within 14 days after termination of the Contract, EEU:
(a) Each Performance Notice issued by EEU shall include a proposed rebate of the Contract Price commensurate to the under-performance of the Supplier as recorded in the Performance Notice;

(b) If the Supplier disputes any matter referred to in any Performance Notice and/or the proposed rebate of the Contract Price, the Supplier may raise this objection with EEU and if this matter is not resolved within 7 days the matter shall be referred to the Dispute Resolution Procedure; and

(c) If the Supplier has not risen any objection to the Performance Notice within 7 days of receipt (or such other period as agreed between the Parties) then that Performance Notice shall be deemed to have been accepted by the Supplier and the rebate on the Contract Price referred to therein shall become immediately effective.

9.2 EEU's rights under this Clause are without prejudice to any other rights or remedies EEU may be entitled to.

9.3 If required by EEU, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties' efficiency. Any such agreements shall be fully recorded in writing by EEU as the case may be.