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REQ. NO.:70-09-3890

GENERAL TERMS AND CONDITIONS FOR INDENTS

ALL SUPPLIERS THAT DO NOT COMPLY WITH THE TERMS & CONDITIONS STATED HEREUNDER, THEIR OFFERS WILL BE NEGLECTED WITHOUT PRIOR NOTICE.

1-      THE FOLLOWING CONDITIONS ARE CONSIDERED TO BE GENERAL TERMS & CONDITIONS WHILE CONDITIONS THAT MENTIONED WITHIN BID DOCUMENTS ARE CONSIDERED TO BE SPECIAL CONDITIONS IF THERE WILL BE ANY CONTRADICTION OR DIFFERENCES, BID DOCUMENTS CONDITIONS WILL BE DEPENDED.

2-      BID BOND

SUPPLIER SHOULD ISSUE A BID BOND OF 1% OF THE TOTAL AMOUNT OF SUBMITTED PRICES TO BE ATTACHED TO COMMERCIAL OFFER, IN FAVOR OF SOC AND FOR A PERIOD OF THREE MONTHS AND TO BE EXTENDED UP TO SIX MONTHS IF NEEDED, OTHERWISE OFFERS WILL BE NEGLECTED. IT SHOULD BE IN A FORM OF A BANK GUARANTEE OR A CERTIFIED CHECK IN IRAQI CURRENCY WHICH SHOULD BE ISSUED BY ANY IRAQI BANK OR TO BE PAID IN CASH DIRECTLY TO OUR ACOUNT.

3-      COMPANY PROFILE:-

- UP-TODATE AN ESTABLISHMENT CERTIFICATE IS REQUIRED WHICH SHOULD BE AUTHENTICATED AND STAMPED BY CHAMBER OF COMMERCE AND MINISTRY OF FOREIGN AFFAIRS IN THE COUNTRY WHERE IT HAS BEEN ISSUED AND SHOULD BE AUTHENTICATED BY THE IRAQI EMBASSY THERE.

4- PERFORMANCE BOND: - THE SUPPLIER SHOULD SUBMIT TO SOC BEFORE SIGNING  THE (P/O /CONTRACT ), AN UNCONDITIONAL PERFORMANCE BOND EQUIVALENT TO 5% OF TOTAL AMOUNT OF THE (P/O / CONTRACT). IN A FORM OF A BANK GUARANTEE EXCLUSIVELY THOUGH TRADE BANK OF IRAQ  (TBI) OR ANY IRAQI BANK OR DEPOSIT THE REQUIRED AMOUNT IN SOC CURRENT ACCOUNT NUMBER 505 IN (AL RAFIDAIN BANK). IT SHALL    REMAIN VALID AND NOT BE RELEASED UNTIL THE SUPPLIER/ CONTRACTOR COMPLETES DELIVERY OF ALL MATERIALS TO THE FINAL DESTINATION IN IRAQ  AND FULFILLES ALL HIS OBLIGATIONS UNDER THE P/O / CONTRACT AND SETTLEMENT OF THE FINAL ACCOUNTS, BUT NO LATER THAN (3 MONTHS) FROM THE DATE OF SOC ACCEPTANCE CERTIFICATE.

       L/C SHALL BE OPERATIVE ONLY AFTER SUBMISSION BY THE SUPPLIER TO SOC OF THE REQUIRED P/B.

5- DESTINATION: IF MODE OF TRANSPORTATION IS BY SEA THE DELIVERY TERM IN SUBMITTED OFFER HAS TO BE (CIF UM-QASSER OR CIP BASRAH ONLY) OTHERWISE THE OFFER WILL BE NEGLECTED.

6-      TENDER(S) DOCUMENTS SHOULD BE COLLECTED THROUGH YOUR REPRESENTATIVE AGAINST PAYMENTS WHICH IS EQUAL TO (100-USD) FOR ENQUIRY AND (500 USD) FOR PROJECTS WHICH IS NOT RE-FUNDABLE.

7-      TECHNICAL & COMMERCIAL OFFER (S) SHOULD BE SEPARATELY SUBMITED IN THREE COPIES ONE FOR COMMERCIAL OFFER & TWO FOR TECH.OFFERS (HARD AND ELECTRONIC COPY) AND IN SEALED STAMPED ENVELOPES. COMMERCIAL OFFER WILL NOT BE ACCEPTED THROUGH E_MAIL OR FAX.

8-      A COPY OF TENDER PAYMENT RECEIPT (S) SHOULD BE ATTACHED WITH OFFERS.

9-       OFFERS SHOULD INCLUDE:-

A-     FULL ADDRESS::- COUNRTY , CITY , DISTRICT , STREET , BUILDING AND FLOOR NUMBER (IF AVAILABLE).

B- VALIDITY SHOULD NOT BE LESS THAN (120) DAYS STARTING FROM CLOSING DATE.

C- SHIPMENT PERIOD & DELIVERY PERIOD.

D - ADVISING BANK FULL ADDRESS FOR HIS COMPANY AND ADVISING BANK`S ADDRESS SHOWING:, CITY , DISTRICT , STREET , BUILDING AND FLOOR NUMBER (IF AVAILABLE). AND ACCOUNT NO.

E- PORT OF SHIPMENT, ROUTE OF SHIPMENT, ENTRY POINT TO IRAQ & COUNTRY OF ORIGIN. 

F- OFFERS SENT BY DHL OR REGISTERATED MAIL BEFORE CLOSING DATE ARE ACCEPTED.

10-  OFFERS TO BE DEPOSIT IN SPECIFIED TENDER BOXES WHICH ARE SITUATED AT (RECEPTION).OF OUR COMPANY H.Q.

11-  TECH.SPEC. MAY BE SUBJECTED TO CANCELLATION BY S.O.C WITHOUT PRIOR NOTIFICATION.

12-  PAYMENT TERMS WILL BE  EFFECTED THROUGH IRREVOCABLE L/C  AS FOLLOWS:-

FOR MANUFACTURER

-    MAXIMUM AMOUNT OF 90% AFTER PRESENTING THE REQUIRED SHIPPING DOCUMENTS.

-    10% AFTER RECEIVING AND INSPECTING MATERIALS.

- FOR AGENTS WILL BE PAYED 70% & 30% AND AS MENTIONED ABOVE.

13- ANY REQUESTS REGARDING ANY OF THE FOLLOWING AFTER ENQUIRY`S AWARDING ARE NOT ACCEPTED:-

      A- PRICES NEGOTIATION.

B- CHANGING ORIGIN OF MATERIALS.

C- CHANGING COMPANY NAME.

14- ACCEPTANCE: BY ACCEPTANCE OF THE PURCHASE ORDER SUPPLIER  HAS  AGREED THAT THE PRICES CONTAINED HEREIN ARE FIRM.

15-  WARRANTY: THE SUPPLIER WARRANTS THE MATERIALS UNDER THE P/O FOR DEFECTS ARISING FROM FAULTY DESIGN , MATERIAL OR WORKMANSHIP FOR (3-6) MONTHS FOR S/P AND (6-12) MONTHS FOR EQUIP.,(5-7) YEARS FOR PIPE LINE AND VALVES,  FROM THE DATE OF RECEIPT OF THE MATERIALS ON END USER’S SITE.

16- PENALTIES:

SUPPLIER HAS TO PAY A DELAY PENALTY FOR EACH DAY DELAY ACCORDING TO THE FOLLOWING EQUATION WHICH SHOULD NOT EXCEED (10%) OF THE TOTAL AMOUNT OF P.O :-

TOTAL AMOUNT OF P/O ×10 %  =  PENALTY PER DAY

DELIVERY PERIOD BY DAY

OTHERWISE THE SUPPLIER WILL BE NOTIFIED. IF SHOWS NO ADHERENCE TO HIS OBLIGATION, P/B WILL BE SEIZED AND THE P/O WILL BE FULFILLED ON HIS ACCOUNT. DELAY DUE TO CAUSES BEYOND CONTROL (FORCE MAJEURE) WILL NOT BE LIABLE TO PENALTIES PROVIDED THAT SUCH CAUSES HAD BEEN IMMEDIATELY NOTIFIED BY FAX , E- MAIL OR REGISTRATED MAIL & APPROVED BY CLIENT . PAYMENT OF THESE PENALTIES BY SUPPLIER SHALL BE THE SOC, S SOLE REMEDY FOR SUPPLIER FAILURE TO DELIVER THE MATERIALS IN TIME BUT SHALL NOT RELIEVE SUPPLIER FROM ITS OTHER OBLIGATIONS UNDER THE PURCHASE ORDER.

17- INSPECTION AND TERMS:  ALL MATERIALS OR EQUIPMENT ORDERED WILL BE SUBJECTED TO FINAL INSPECTION AND APPROVAL AT FINAL DESTINATION.

18- ASSIGNMENT:  THE PURCHASE ORDER IS NOT ASSIGNABLE IN WHOLE OR IN PART WITHOUT THE S.O.C.   WRITTEN APPROVAL.

19-  LETTER OF CREDIT:

PAYMENT WILL BE EFFECTIVED THROUGH OPENING AN IRREVOCABLE L/C. ALL BANKING CHARCHES OUTSIDE  IRAQ ARE ON THE BENFICIARY`S ACCOUNT, AND ALL BANKING CHARGES INSIDE IRAQ ON  APPLICANT ACCOUNT, EXCEPT CONFIRMATION, EXTENSION , AND L/C AMENDMENT ARE ON  BENIFICIARY`S ACCOUNT.

20- DOCUMENTS:

(ONE) ORIGINAL OF THE FOLLOWING DOCUMENTS SHOULD BE SENT TO OUR COMPANY AT LEAST (10) DAYS PRIOR TO MATERIALS ARRAVIAL TO ENTRY POINT FOR CUSTOMS AND CLERANCE PURPOSES.

- COMMERCIAL INVOICES

- BILL OF LADING / CMR / AIRWAY BILL.

- PACKING LIST.

   -  INSURANCE CERTIFICATE.

-  CERTIFICATE OF ORIGIN.

- MILL TEST CERTIFICATE (S) & THIRD PARTY INSPECTION CERTIFICATE OF THE SUPPLIED MATERIALS IS REQUIRED.

21 -SHIPMENT INSTRUCTIONS:

A- THE BILL OF LADING SHALL INDICATE COUNTRY OF REGISTRATION OF THE VESSEL AS WELL AS THE PORT OF CALL OF THE VESSEL UP TO THE DELIVERY.

B- WE PREFER   SHIPMENT TO BE EFFECTED THROUGH IRAQI LINES OR AIRWAYS OF UNITED ARAB SHIPPING COMPANY, .IF NOT AVAILABLE, ON SHIPS NOT MORE THAN 15 YEARS OF AGE.

C- IT IS PREFERABLE  TO SHIP MATERIALS TO SOC BY (ALABSAN AL-RASHID, UM-QASSER SUN, AL-AUTHMAN CO, OTHER COLLABORATED CO) & NOT BY (CMA-CGM/FRANCE, SEBAA OF MARINE LINE OF IRAN) AGAINTS WRITTEN PLEDGE BY SOC TO HAND THE ORIGINAL SHIPPING DOCUMENTS TO THE CARRIER FOR CLEARANCE PURPOSE AS SOON AS WE RECEIVED THEM BY TRADE BANK OF IRAQ AND  INORDER TO FACILITATE CLEARING AND RECEIVING CONSIGNMENTS, THE BILL OF LADING SHOULD INCLUDE THE FOLLOWING: ((SHIPMENTS SHOULD BE RELEASED AGAINST WRITTEN PLEDGE BY SOC TO HAND THE ORIGINAL  SHIPPING DOCUMENTS TO THE CARRIER AS SOON AS RECEIVED BY  SOC ))

22-        PARTIAL AWARDING ON QUOTATION, SUPPLIER/CONTRACTOR ARE REQUESTED TO STATE THEIR ACCEPTANCE OF (PARTIAL) AWARDING OR NOT.

23-        PACKING : THE SUPPLIED MATERIALS SHOULD BE PACKED EFFICIENTLY AND ACCORIDING TO THE NATURE OF THE MATERIALS.

24-        SUPPLIER WHOM ENQUIRY WAS AWARDED TO  MUST BEAR  ANNOUNCEMENT COST.

25-   (STAMP FEES) WHICH IS EQUAL TO (0.002) OF THE TOTAL AMOUNT OF CONTRACT/P.O SHOULD BE BORNE BY THE CONTRACTOR..

26- SETTLEMENT OF DISPUTES.

DISPUTES ARISING AFTER SIGNING P/O ARE SETTLED ACCORDING TO THE FOLLOWING METHODS:-

A- COMPROMISE:-

THE PARTIES ENDEAVOUR TO SETTLE AMICABLY ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE P/O OR ANY PROVISION THEREOF THROUGH THE APPOINTMENT OF A COMMITTEE FROM BOTH PARTIES TO STUDY THE MATTER CAREFULLY AND COME TO AN AGREEMENT ACCORDING TO RELEVANT EFFECTIVE LAWS AND INSTRUCTIONS. FAILING THE ABOVE, EITHER PARTY MAY REFER THE MATTER TO ARBITRATION.

            B- ARBITRATION:-

ARBITRATION IS DONE BY A COMMITTES OF ARBITRATION CONSIST OF THREE(3)ARBITRATORS. EACH PARTY APPOINTS ONE ARBITRATOR AND THE TWO ARBITRATORS ASSIGN THE THIRD ARBITRATOR WHO ACTS AS THE CHAIRMAN. IN CASE OF DISAGREEMENT TO SELLECT A CHAIRMAN FOR ARBITRATION COMMITTEE, IT WILL BE CHOSEN BY A COURT. THUS THE COMMITTEE STUDIES ALL THE DETAILS OF THE CASE AND SENTENCE ITS FINAL DECISIVE AWARD. THE LOSER BEARS ALL THE COSTS OF ARBITRATION AND IS BOND TO ACCEPT THE AWARD AFTER IT HAS BEEN APPROVED BY THE COURT.

27 - EXPERT.

IF ANY DISPUTE ARISES BETWEEN THE PARTIES WITH RESPECT TO TECHNICAL MATTERS, SUCH DISPUTE MAY, AT THE ELECTION OF EITHER PARTY, BE REFERRED TO AN INDEPENDENT EXPERT FOR EVALUATION. SUCH EXPERT SHALL BE AGREED UPON BY THE PARTIES AND SHALL BE WILLING TO UNDERTAKE SUCH EVALUATION, AND SHALL BE INDEPENDENT, SHALL NOT BE ORIGINATED FROM, OR HAVE BEEN AT ANY TIME A CITIZEN OF, THE COUNTRY IN WHICH EITHER OF THE PARTIES IS ORGANISED, AND SHALL HAVE NO INTEREST OR RELATION WITH EITHER PARTY OR WITH ANY OF THE ENTITIES CONSTITUTING THE PARTIES AND SHALL BE QUALIFIED BY EDUCATION, EXPERIENCE AND TRAINING TO EVALUATE THE MATTER IN DISPUTE. THE EXPERT SHALL ACT AS AN EXPERT AND NOT AS AN ARBITRATOR. THE RELATED COSTS AND EXPENDITURE FOR REFERRING ISSUES FOR EXPERT EVALUATION SHALL BE SHARED EQUALLY BY THE PARTIES.

28- PREVAILING CIRCUMSTANCES.

IT IS CONFIRMED AND AGREED BY THE CONTRACTOR THAT THE PREVAILING CIRCUMSTANCES IN IRAQ DO NOT IN ANY WAY CONSTITUTE AN IMPEDIMENT FOR THE IMPLEMENTATION BY THE CONTRACTOR OF HIS OBLIGATIONS UNDER THE CONTRACT.

29- INSTRUCTIONS OF TAXES:-

SUPPLYING CONTRACTS ARE EXEMPTED FROM INCOME TAXES UNLESS ONE OR MORE OF THE FOLLOWING CONDITIONS ARE AVAILABLE:-

A-     THE SUPPLIER HAS AN OFFICIAL REPRESENTATIVE THROUGH A REGISTERED BRANCH INSIDE IRAQ.

B-     THE SUPPLIER HAS A CENTER OF ADMINSTRATION, WORKING, SUPERVISION OFFICE INSIDE IRAQ.

C-     THE SUPPLIER HAS NEGOTIATER & CHARGED AFFAIRS OF REGULAR AGENCY THAT HAS THE RIGHT TO SIGN CONTRACTS AND FOLLOW UP THEIR  EXCUTION.

D-    THE AMOUNT OF THE CONTRACT TO BE PAID TO THE SUPPLIER (CASH) OR (BARTER) INSTEAD OF IRAQI GOODS OR PRODUCTS.

E-     THE CONTRACT HAS A COMPETION WORK, SUCH AS (INSTALLATION , OPERATING & MAINTENANCE).

30- ALL SUPPLIERS SHOULD NOTIFY SOUTH OIL COMPANY OF THE MATERIALS DELIVERY DATE   

TO IRAQ AND SUBMIT COPIES OF ALL RELEVANT SHIPPING DOCUMENTS WITH A LETTER       ISSUED BY THE ADVISING BANK TO CONFIRM DATE OF RECEIVING THOSE DOCUMENTS, TO       ENABLE SOUTH OIL COMPANY TO FOLLOW UP RECEIPT OF THE AFOREMENTIONED ORIGINAL SHIPPING DOCUMENTS FROM TRADE BANK OF IRAQ AND / OR OTHER CONCERNED IRAQ PRIVATE BANKS BEFORE MATERIALS ARRIVAL AT PORT OF DESTINATION IN IRAQ TO SECURE THEIR SWIFT CLEARANCE ONCE THEY ARRIVE. FAILURE TO COMPLY WITH A/M REQUIREMENT WILL MAKE THE SUPPLIES LIABLE TO ALL EXPENSES AND DUTIES ARISE FROM THE DELAY OF THE MATERIALS CLEARANCE AND CONSEQUENTLY WILL BE DEDUCTED FROM THEIR PROCEEDS.

 MATERIALS SHOULD BE RELEASED BY CARRIER AS SOON AS THEY ARRIVE FINAL DESTINATION ACCORDING TO REGULATIONS WHICH STATED THAT (MATERIALS FOR THE BENEFIT OF IRAQI GOVERNMENT SHOULD BE RELEASED AT ONCE). AND WITHOUT THE ORIGINAL BILL OF LOADING IN CASE OF DELAYING OF ITS RECEIVING FROM THE ADVISING BANKS. OTHERWISE ALL THE GRAND FEES WILL BE ACCOUNTED ON MATERIALS RESULTED FROM DELAYING WILL BE ON THE SUPPLYING COMPANIES.

 SUPPLIED MATERIAL AND EQUIPMENT IS PREFERRED TO BE SHIPPED THROUGH THE SHIPPING COMPANY (SHAMS UM QASSER AND IMAD AL-OTHMAN/ AL-IMAD GROUP)OTHERWISE SUPPLIER WILL BE LIABLE FOR PENALTIES THAT ARE RESULTED FORM NOT RELEASING MATERIALS / EQUIPMENTS BY CARRIER WHEN REACHING FINAL DESTINATION.

 SOUTH OIL COMPANY HAS THE RIGHT TO KEEP CONTAINERS FOR ITSELF IF MATERIALS ARE DELIVERED (CIF).

31- YOU ARE KINDLY REQUESTED TO PROVIDE US WITH THE FOLLOWING DOCUMENTS IN ORDER TO CONSIDER YOUR COMPANY IN OUR INVITATIONS FOR TENDERS:

   ► AN UP-TODATE AND VALID ORIGINAL CERTIFICATE OF REGISTRATION, INCLUDING NET CAPITAL, AUTHENTICATED BY MINISTRY OF FOREIGN AFFAIRES AND IRAQI EMBASSY IN THE COUNTRY IN WHICH YOUR COMPANY LOCATED.

   ►COMPANY PROFILE INCLUDING YOUR FIELD OF SPECIALIZATION, HISTROY OF CONTRACT EXECUTION, MANUFACTURING YOUR COMPANY DEALING WITH.

   ► ORIGINAL LETTER OF AUTHORIZATION ISSUED BY MANUFACTURERS OR SERVICES AND MATERIALS SUPPLIERS, WHOSE PRODUCTS AND SERVICES MEET OUR COMPANY REQUIREMENTS, AUTHENTICATED BY MINISTRY OF FOREIGN AFFAIRS IN YOUR COMPANY.

   ►IF YOU HAVE ANY OFFICES, AGENTS, REPRESENTATIVES OR SUBSIDIARY COMPANIES IN IRAQ, THEY SHOULD SUBMIT A TAX CLEARANCE CERTIFICATE ISSUED BY IRAQI GENERAL TAX DIRECTORATE/ COMPANIES DEPARTMENT, FULL ADDRESS WITH PHONE NO. FOR THE REPRESENTATIVE IS REQUIRED.

   ►ISO CERTIFICATE AND/OR ANY OTHER CERTIFICATE ISSUED BY AN INTERNATIONALLY ACCREDITED CLASSIFICATION SOCIETY.

LOCKING FORWARD TO A MUTUAL COOPERATION IN THE BEST INTEREST OF BOTH OF OUR COMPANIES

32- SUPLLIER EMPLOYEES

                  CONTRACTOR IS NOT PERMITTED TO EMPLOY OFFICIAL(S) OF IRAQI OIL INSTITUTIONS TO EXCUTE SERVICE CONTRACTS (DRILLING, CEMENTING, LOGGING OR COMPLETION OF WELLS, …ETC) INSIDE IRAQ, OTHERWISE THE CONTRACTOR WILL BE LIABLE TO ALL LEGAL CONSEQUENCES ACCORDING TO IRAQI LAW.

33- WOODEN PACKING

         WOODEN PACKING OF SUPPLIED MATERIALS AND EQUIPMENTS SHOULD BE CLEARED FROM BANK AND TREATED BY HEAT,VAPOR AND SATURATED BY CHEMICAL PRESSURE AS WELL AS TO BE MARKED WITH A FIXED READABLE AND CLEAR MARK TO INDICATE THAT THIS WOOD IS TREATED BY ONE OF THESE FORESAID WAYS.

34- THE NAME OF THE BUYER (END USER) ( SOUTH OIL COMPANY) SHOULD BE CLEARLY STATED ON ALL SHIPPING DOCUMENTS AND SHIPMENT SHOULD BE RELEASED AGAINST WRITTEN PLEDGE BY SOC TO HAND THE ORIGINAL SHIPPING DOCUMENTS TO THE CARRIER AS SOON AS SOC RECEIVED THEM.

NOTE:-

THE RATE OF TAX WILL BE AS FOLLOWS:

1.SUPPLYING CONTRACTS :-(3%).

2.OTHER CONTRACTS :-(3.3%) .

الملاحظات

X
OR
D

المبلغ
VALUE

الكمية
QUANTITY

الوحدة
UNIT

                 المواصفات                       DESCRIPTION

الرقم الرمزي
.VOCABULARY NO 

تسلسل
ITEM

500

M

1

5,000

M

2

الملاحظات

X
OR
D

المبلغ
VALUE

الكمية
QUANTITY

الوحدة
UNIT

                 المواصفات                       DESCRIPTION

الرقم الرمزي
.VOCABULARY NO 

تسلسل
ITEM

G2 – INSPECTION CONTRACT BETWEEN THE MILLS AND INSPECTOR MUST BE FORWARDED IN DETAILS TO (S.O.C)  BEFORE MANUFACTURING PROCESS .

G3-THIRD PARTY INSPECTION REPORTS,RELEASE NOTES AND CERTIFICATES MUST BE FORWARDED  TOGETHER WITH MILL TEST CERTIFICATES (PREPARE BY MANUFACTURER) SHOWING IN DOCUMENT FORM:CHEMICAL COMPOISITIONS  TEST,INSPECTION DEVICES, MODES OF INSPECTION ؛ TO S.O.C  BEFORE  CASING  PIPE ARRIVAL TO IRAQI PORT .

الملاحظات

X
OR
D

المبلغ
VALUE

الكمية
QUANTITY

الوحدة
UNIT

                 المواصفات                       DESCRIPTION

الرقم الرمزي
.VOCABULARY NO 

تسلسل
ITEM

3