THE SOUTH AFRICAN NUCLEAR ENERGY
CORPORATION SOC LTD

TERMS AND CONDITIONS OF CONTRACT

June 2017

CONTENTS
Terms and Conditions of Contract .......................................................................................................3
1. Definitions and Interpretation ...........................................................................................................3
2.

Application ................................................................................................................................5

3.

Agency ......................................................................................................................................5

4.

Assignment ...............................................................................................................................5

5.

Subcontracting ..........................................................................................................................5

6.

Indemnity and Limitation of Liability .........................................................................................5

7.

Insurance ..................................................................................................................................6

8.

Fees and Payment Terms ........................................................................................................6

9.

Reports/Deliverables ................................................................................................................7

10.

Contract Amendments ..............................................................................................................8

11.

Penalties ...................................................................................................................................8

12.

Impossibility of Performance ....................................................................................................9

13.

ProjectPlan and Variation .........................................................................................................9

14.

Delays in the Service Provider’sPerformance..........................................................................9

15.

Force Majeure .........................................................................................................................10

16.

Confidentiality .........................................................................................................................10

17.

Ownership and Intellectual Property ......................................................................................11

18.

Settlement of Disputes ...........................................................................................................12

19.

Breach of Agreement ..............................................................................................................12

20.

Termination for Insolvency .....................................................................................................13

21.

Notices ....................................................................................................................................13

22.

Non-Solicitation of Personnel .................................................................................................14

23.

Relaxation ...............................................................................................................................14

24.

Validity and Severability .........................................................................................................14

25.

Variation ..................................................................................................................................15

26.

Warranties...............................................................................................................................15

27.

Applicable Law........................................................................................................................16

28.

Governing Language ..............................................................................................................16

29.

Taxes and Duties ....................................................................................................................16

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TERMS AND CONDITIONS OF CONTRACT
These TERMS AND CONDITIONS OF CONTRACT are applicable to all bids, contracts and
orders issued by the South African Nuclear Energy Corporation to service providers for the
supply of goods or works or rendering of services

1. DEFINITIONS AND INTERPRETATION
1.1

Clause headings in this Agreement are for convenience and reference purposes
only and shall not affect the interpretation of the Agreement.

1.2

Where the context requires words implying the singular only shall also include the
plural and vice versa and words signifying one gender shall signify all genders.

1.3

In this Agreement the following words and expressions shall have the meanings
hereby assigned to them except where the context otherwise requires:
1.3.1

“Agreement” means these Terms and Conditions of Contract including all
attachments and appendices hereto and all documents incorporated by
reference therein and, where applicable, special conditions of contract.

1.3.2

“Bid Documents” means Bid Specification, Request for Proposal, Request
for Quotation documents, or any other document, used by NECSA to solicit
the supply of goods or works or services.

1.3.3

“Fees” means the contract price(s) as set out in the Pricing Schedule,
attached as Annexure “E” in the accompanying SLA, which are payable to
the Service Provider under this Agreement for the full and proper
performance of the Service Provider’s contractual obligations.

1.3.4

“Order” means an official written Purchase Order issued for the supply of
goods or works or for the rendering of a service. A copy of the Order must
be attached in the accompanying SLA as Annexure “C”.

1.3.5

“The South African Nuclear Energy Corporation SOC Ltd” hereinafter
referred to as NECSA

1.3.6

“NECSA Data” means information, reports or data and related matter,
whether of a confidential or proprietary nature or not, belonging to NECSA or
in the possession, or under the control of NECSA provided by NECSA to
Service Provider pursuant to the Service Provider providing the Services.

1.3.7

“Party” means either NECSA or the Service Provider and “Parties” means
NECSA and the Service Provider jointly.

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1.3.8

“Project Plan and Schedule of Deliverables” means a document
addressing how and when the Services are to be achieved by showing
activities to be performed, the deliverables to be achieved and the
milestones/timelines

to

achieve

the

deliverables,

attached

in

the

accompanying SLA as Annexure “B”.
1.3.9

“Proposal” means a document, in the form of a business proposal,
quotation or other document, setting out the Service Provider’s proposed
course of action or plan, with proposed solutions to address the Service
needs of NECSA and the resources required, in response to the Bid
Documents, attached hereto as Annexure “A” (or where Proposal is
voluminous, sufficiently referenced in Annexure “A”).

1.3.10 “Service Level Agreement or SLA” means the special conditions of
contract entered into by the Parties to address specific conditions applicable
to specific Services with the purpose of either amplifying or amending these
Terms and Conditions of Contract.
1.3.11 “Services” means those functional services ancillary and incidental to the
supply of goods, works or rendering of services and other such obligations
of the Service Provider covered under this Agreement or any document
purporting to engage the professional services of the Service Provider.
1.3.12 “Service Provider” means a service provider, consultant or contractor
engaged by NECSA to supply goods or works or render services.
1.3.13 “Service Provider’s Intellectual Property/Technology” means know-how,
techniques, concepts, ideas, methods, methodologies, procedures, models,
processes, templates; generalised features of the structure, sequence and
organisation of software, user interfaces and screen designs; general
purpose consulting and software tools, utilities and routines and logic,
coherence and methods of operation systems, created or acquired by the
Service Provider or where the Service Provider otherwise obtained rights in.
1.4 All terms referred to or defined in the Service Level Agreement shall have the
meanings assigned to them therein.
1.5 Any reference to days, months or years shall be a reference to calendar days,
months or years as the case may be.

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2. APPLICATION
2.1. These Terms and Conditions of Contract are applicable to all bids, contracts and
orders issued by NECSA to service providers for the supply of goods or works or
rendering of services.
2.2. Where applicable, Service Level Agreements may be provided to address specific
Services. Such SLA shall, by reference therein, incorporate these Terms and
Conditions of Contract.
2.3. Where there is a conflict between the provisions of such Service Level Agreement
and the provisions of these Terms and Conditions of Contract, the Service Level
Agreement shall, to the extent of the conflicting provisions, supersede these Terms
and Conditions of Contract.

3. AGENCY
This Agreement does not constitute either of the Parties as the agent of the other for any
purposes whatsoever and neither party will be entitled to act on behalf of, or to represent
the other unless duly authorised thereto in writing.
4. ASSIGNMENT
Neither Party may assign, transfer, subcontract or otherwise part with this Agreement or
any part thereof or any right or obligation there under, without obtaining the other Party’s
prior written consent thereto.
5. SUBCONTRACTING
In the event of subcontracting any of the work the Service Provider shall give preference
to Black Empowerment Companies as subcontractors. The Service Provider shall notify
NECSA in writing of all subcontracts awarded under the Agreement if not already
specified in the Bid Documents. Such notification, in the Bid Documents or later, shall not
relieve the Service Provider from any liability of obligation under the Agreement.

6. INDEMNITY AND LIMITATION OF LIABILITY
6.1. The Service Provider hereby indemnifies NECSA and undertakes to hold NECSA
harmless against all loss or damage, from any cause arising, which the Service
Provider and/or its employees may sustain as a result of the performance of the
Services under this Agreement.

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6.2. The Service Provider indemnifies NECSA against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of the
goods, works or rendered services or any part thereof by NECSA.
6.3. The Service Provider further indemnifies NECSA against any loss, damage,
expenses, legal costs, including attorneys and own client costs, which NECSA may
incur as a result of the Service Provider’s breach of any of the warranties and
representations as may have been provided.
6.4. Except in cases of criminal, negligence or wilful misconduct, neither Party shall be
liable to the other, whether in contract, tort or otherwise, for any indirect or
consequential loss or damage in any way arising out of or in connection with this
Agreement.

7. INSURANCE
7.1. The goods supplied under the contract shall be fully insured in a freely convertible
currency against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified in the Service Level
Agreement.
7.2. Each Party hereby accepts its own legal liabilities resulting from its culpable actions
and shall ensure that it has sufficient insurance cover to cover its liabilities so
arising.
8. FEES AND PAYMENT TERMS
8.1. Subject to the provisions of clause 11 (Penalties), where applicable, NECSA shall
pay the Service Provider Fees as set out in the Pricing Schedule in the manner
specified in the SLA as an Annexure “E” for full and complete performance of the
Services.
8.2. NECSA shall pay the Fees only after the Services have been fully performed and
completed and the reports/deliverables as per Annexure “B” concerning the
performance and completion of such Services have been accepted in accordance
with the provisions of clause 9 (Reports/Deliverables).
8.3. The Service Provider shall submit a monthly statement no later than the last day of
the month, along with an original invoice and associated documents, in a format
acceptable to NECSA, for the Fees due after completion and acceptance of the
deliverables.

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8.4. If the documents mentioned in 8.3 are correct, payments shall be effected within
thirty (30) days after date of statement. All payments will be made by NECSA only
through electronic bank transfer into a banking account nominated by the Service
Provider.
8.5. Where travel, accommodation and disbursement expenses are not included in the
Fees and NECSA has agreed to reimburse the Service Provider for reasonable
expenses incurred, the Service Provider shall, in accordance with, and subject to,
the provisions of 8.3 submit an invoice for payment of such expenses.
8.6. Where deemed necessary, Necsa shall be entitles to a Retention Fee of 10% of the
contract value. Such fees will be paid to the Service Provider within three (3) months
of receipt of all Goods and/or Services and the issue of a certificate of acceptance.
8.7. Should the Service Provider render services and be entitled to labour costs for
installation or erection on a recovery basis, a monthly statement shall be provided to
Necsa no later than the last day of the month and Necsa will, if the statement is
correct, effect payment within thirty (30) days. Should the monthly statement be in
error, Necsa will be entitled to make the adjustment at the next payment or on
payment of the retention fees.

9. REPORTS/DELIVERABLES
9.1. Where the carrying out of the Services requires reports to be submitted as
deliverables, interim and final reports in connection therewith must be furnished to
NECSA at its domicilium, within the stages set out by the Parties and attached as a
Schedule in the Service Level Agreement.
9.2. Acceptance of Reports/Deliverables:
9.2.1. NECSA shall have a period of seven (7) days (the "Evaluation Period")
after furnishing of the Reports/Deliverables, or any part thereof provided in
stages in accordance with the agreed to Schedule, to verify that such
Reports/Deliverables, or part thereof, conform in all material respects with
NECSA requirements.
9.2.2. Should there be a non-conformity with NECSA requirements, NECSA must
notify the Service Provider, in writing, prior to the expiration of the relevant
Evaluation Period that such Reports/Deliverables, or part thereof, fail in any
material respect to conform with such specifications (a "Nonconformity"),
the Service Provider shall, at its expense, promptly correct such

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Nonconformity, whereupon NECSA shall receive an additional seven (7) day
period ("the Verification Period") commencing upon NECSA’s receipt of the
corrected Reports/Deliverables, or part thereof, to verify that the previously
reported Nonconformity has been corrected.
9.2.3. NECSA shall provide the Service Provider with such assistance as the
Service Provider may reasonably require to enable the Service Provider to
verify the existence of, and correct, a reported Nonconformity.
9.2.4. Should NECSA not inform the Service Provider of its acceptance of the
Report/Deliverables, NECSA agrees that the Reports/Deliverables, or any
part thereof, which has been provided to NECSA shall be deemed accepted
by NECSA upon the expiration of the Evaluation Period or, in the event that
NECSA has notified the Service Provider of a Nonconformity as provided
above, upon expiration of the relevant Verification Period.
9.2.5. Upon full and final payment to the Service Provider of amounts due to the
Service Provider for fully performed and completed Services and accepted
Reports/Deliverables, all Reports/Deliverables shall, subject to the provisions
of clause 17 (Ownership and Intellectual Property), become the property of
NECSA .

10. CONTRACT AMENDMENTS
No variation in or modification of the terms of the contract shall be made except by
written amendment signed by the parties concerned.

11. PENALTIES
If the Service Provider fails to deliver any or all of the deliverable(s) or to perform the
Services within the period(s) specified in this Agreement, NECSA shall, without prejudice
to its other remedies under this Agreement, deduct from the Fees, as a penalty, a sum
calculated in accordance with a formula specified in the Penalty Formula attached hereto
as Annexure “D” of the Service Level Agreement, for each day of the delay until actual
delivery or performance. NECSA may also consider termination of the contract pursuant
to clause 19 (Breach of Agreement).

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12. IMPOSSIBILITY OF PERFORMANCE
12.1. In the event of a failure or delay in performance by either Party arising from a
cause beyond its reasonable control or unforeseeable with reasonable foresight at
the time of execution of this Agreement, such failure or delay shall not be deemed
to be a breach of the Agreement.
12.2. If either Party is affected by such failure or delay, it shall give to the other Party
notice in writing thereof within five (5) days after its existence has manifested. A
Party shall be entitled to rely on the provisions of clause 12.1 above only if it has
given such notice.
12.3. Should either Party, after having given the notice in clause 12.2, be unable to
rectify its impossibility of performance within fourteen (14) days of the occurrence
thereof, the other Party may cancel this Agreement without any further notice.

13. PROJECT PLAN AND VARIATION
13.1. The Services shall be completed in accordance with the stages/phases set out in
the Project Plan and Schedule of Deliverables attached hereto in the SLA as
Annexure “B”.

13.2. If, however, there arises a need to vary and/or add the Services and the Project
Plan and Schedule of Deliverables as a result of matters, circumstances and/or
necessary additional procedures that were not reasonably foreseen at the onset or
if there are delays in obtaining the required documentation and there arises a
need to vary and/or extend the delivery time frames, either Party will notify the
other in writing, as soon as they become aware of this fact and the Parties shall
agree on the variation of the Project Plan and Schedule of Deliverables and,
where applicable, Fees.
14. DELAYS IN THE SERVICE PROVIDER’S PERFORMANCE
Notwithstanding the provisions of clauses 12 (Impossibility of Performance), 13
(Variation of Project Plan) and 19 (Breach of Agreement), in the event of a delay in the
Service Provider’s performance beyond the essential delivery time period, NECSA shall,
without cancelling the Agreement, be entitled to obtain the services of another service
provider at the Service Provider’s expense or to cancel the Agreement and procure the
services of another service provider as may be required to complete the Agreement and
without prejudice to NECSA ’s other rights.

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15. FORCE MAJEURE
Neither Party shall be liable, whether direct or consequential, to fulfil its obligations in
terms of this Agreement if such failure is caused by any circumstance or event beyond
the reasonable control of such Party which shall without limitation include any act of
God, riot, strike action, civil commotion, war, civil war, public disorder, any form of labour
disturbances, acts of terrorism, insurrection, rebellion or revolution and/or any other
event or activity beyond their reasonable control.
16. CONFIDENTIALITY
16.1. It is envisaged that pursuant to this Agreement information, reports or data and
related matter, whether of a confidential or proprietary nature or not, belonging to
either Party may be disclosed or otherwise become available to the other Party.
Each Party agrees to:
16.1.1. Accept such information, reports or data and related matter in confidence
and not to copy, disclose, reproduce or make such information, reports or
data and related matter available to any third party, unless authorised
thereto in writing by the other Party, and
16.1.2. Use such information, reports or data and related matter solely in
connection with the performance of its obligations in terms of this
Agreement, and
16.1.3. Restrict the use of such information, reports or data and related matter
exclusively to the purpose directed by the other Party.
16.1.4. The Service Provider undertakes, upon signing hereof, to ensure that all its
Employees or agents (as the case may be) who may be privy to any
information, reports, data and related matter, process or any other
information whatsoever emanating from this process, are well informed and
aware of the contents and legal implications of Section 51 of Nuclear
Energy Act, 1999 (Act No. 47 of 1999) and have signed confidentiality
agreements to hold NECSA information in confidence.
16.2. Use of contract documents and information; inspection:
16.2.1. The Service Provider shall not, without NECSA’s prior written consent,
disclose the contract, or any provision thereof, or any specification, plan,
drawing, pattern, sample, or information furnished by or on behalf of
NECSA in connection therewith, to any person other than a person

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employed by the Service Provider in the performance of the contract.
Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary for purposes of such
performance.
16.2.2. The Service Provider shall not, without NECSA’s prior written consent,
make use of any document or information mentioned in the Service Level
Agreement except for purposes of performing the contract.
16.2.3. Any document, other than the contract itself shall remain the property of
NECSA and shall be returned (all copies) to NECSA on completion of the
Service Provider’s performance under the contract if so required by
NECSA.
16.2.4. NECSA shall permit the Service Provider to inspect NECSA’s records
relating to the performance of the Service Provider and to have them
audited by auditors appointed by NECSA at its own cost, if so required by
NECSA.

17. OWNERSHIP AND INTELLECTUAL PROPERTY
17.1. All NECSA Data and Service Provider’s Intellectual Property/Technology and any
other intellectual property rights, including but not limited to copyright, in and to the
original material supplied by one Party to the other Party shall vest in the Party
supplying the material.
17.2. Ownership in all NECSA Data belonging to NECSA, whether under its control or
not, shall continue, to vest in NECSA, and the Service Provider shall not obtain any
proprietary rights in such data. Any improvements to NECSA Data resulting from
this Agreement shall remain the property of NECSA.
17.3. Where the Service Provider utilizes any of its property including the Service
Provider’s Intellectual Property/Technology in connection with the Services provided
in terms of this Agreement, such property shall remain the property of the Service
Provider

and

any

improvements

to

the

Service

Provider’s

Intellectual

Property/Technology resulting from this Agreement will remain the property of
Service Provider.
17.4. The Service Provider warrants that no aspect of the Service Provider’s Intellectual
Property/Technology utilised by NECSA in terms of this Agreement will infringe any
patent, design, copyright, trade secret or other proprietary right of any third party

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("third party proprietary rights"), and the Service Provider shall, at its cost,
defend NECSA against any claim that the use of the Deliverables infringe any such
third party proprietary rights: Provided that NECSA gives prompt notice to the
Service Provider of such claim, the Service Provider controls the defence thereof
and NECSA does not jeopardise the claim in any way.
17.5. To the extent that there are any components of the Service Provider’s Intellectual
Property/Technology included in the Deliverables, the Service Provider grants to
NECSA , a royalty-free, perpetual, non-exclusive, non-transferable licence to use
such Service Provider’s Intellectual Property/Technology solely in connection with
such Deliverables.
17.6. In the event of NECSA requesting the use of any Service Provider’s Intellectual
Property/Technology outside the scope of this Agreement, this would be subject to
the Parties agreeing to a written licence agreement for such use.

18. SETTLEMENT OF DISPUTES
18.1. If any dispute or difference of any kind whatsoever arises between the Parties in
connection with or arising out of the Agreement, the Parties shall make every effort
to resolve amicably such dispute or difference by mutual consultation. Either Party
shall in writing notify the other of the dispute, providing the details of the dispute.
18.2. The dispute shall first be referred to the respective project managers of each Party,
who must use their best endeavours to resolve the dispute within seven (7) days of
the dispute having been referred to them, or such other time frame agreed between
the Parties.
18.3. Should the project managers of the Parties be unable to resolve the dispute in
accordance with the foregoing, the dispute shall be escalated to the respective
executive managers/managing directors (or equivalent officers) of the Parties, who
must use their best endeavours to resolve the dispute within ten (10) days of the
dispute having been referred to them, or such other time frame agreed between the
Parties.
18.4. Should it not be possible to settle a dispute by means of mutual consultation, then
the Parties may exercise their rights afforded to them by law.

19. BREACH OF AGREEMENT

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In the event of anyone of the Parties (“the Defaulting Party”) committing a breach of any
of the terms of this Agreement and failing to remedy such breach within a period of
seven (7) days after receipt of a written notice from the other Party (“the Aggrieved
Party”) calling upon the Defaulting Party so to remedy, then the Aggrieved Party shall be
entitled, at its sole discretion and without prejudice to any of its other rights in law, either
to –
19.1. claim specific performance of the terms and of this Agreement; or
19.2. terminate this Agreement forthwith and without further notice, to claim and recover
damages from the Defaulting Party.

20. TERMINATION FOR INSOLVENCY
Should either Party become bankrupt or otherwise insolvent, or commit an act of
insolvency or in the event of any of the following circumstances:
20.1. Either Party being placed under judicial management whether provisionally or
finally;
20.2. A judgment of any competent court being given against either Party which
judgement is not satisfied within a period of fourteen (14) days from date of
knowledge thereof by either Party, or no application to be made to a competent
court to rescind such judgement within a period prescribed by the rules of the court:
either Party shall have the right without prejudice to any other rights or claims which
it may have, to cancel and terminate this Agreement without notice.

21. NOTICES
The Parties choose the addresses set out in SLA as their domicilium citandi et
executandi for all purposes under this Agreement, whether in respect of the service or
delivery of court process, notices or other documents or all other communications. The
Parties also choose the persons named in the SLA as their project managers and
contact persons for the purpose of this Agreement. Any notice to be given or to be made
for any purpose under this Agreement shall be in writing and shall:
21.1. If delivered to the addressee’s physical address, be deemed to have been received
when so delivered; or
21.2. If sent by registered post to the addressee’s postal address, be deemed to have
been received seven (7) days after it has been posted; or

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21.3. If sent by facsimile, be deemed to have been received on the day on which it was
sent; or
21.4. If sent by email, be deemed to have been received on transmission on the day on
which a document was emailed.
21.5. Any of the Parties shall be entitled to change its respective domicilium and any
other address, as the case may be, on fourteen (14) days’ notice to the other,
provided such address is within the Republic of South Africa.

22. NON-SOLICITATION OF PERSONNEL
22.1. The Parties agree not to make any offer of employment or to employ any member
of either Party’s personnel working on the basis of this Agreement, either during the
period of this Agreement or for a period of six (6) months after completion of the
Services in terms of this Agreement. The Parties also agree not to use either
Party’s personnel as consultants, either independently or via a third party for the
same period.
22.2. A breach of this condition will render the breaching Party liable to pay damages in
an amount equal to six (6) month's salary of the relevant member of personnel,
provided that such damages shall be calculated in respect of the six (6) month
period prior to such member of personnel leaving the employ of non-breaching
Party. The Parties agree that the aforementioned damages are fair, based on the
damage the non-breaching Party is likely to suffer, and considering the difficulty in
calculating the actual damages.

23. RELAXATION
No latitude, extension of time or other indulgence which may be given or allowed by any
Party to the other Party in respect of the performance of any obligation hereunder, and
no delay or forbearance in the enforcement of any right of any Party arising from this
Agreement, and no single or partial exercise of any right by any Party under this
Agreement, shall in any circumstances be construed to be an implied consent or election
by such Party or operate as a waiver or a novation of or otherwise affect any of the
Parties’ rights in terms of or arising from this Agreement or stop or preclude any such
Party from enforcing at any time and without notice, strict and punctual compliance with
each and every provision or term hereof.
24. VALIDITY AND SEVERABILITY

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24.1. If any provision of this Agreement is found or held to be invalid, unlawful, or
unenforceable, such terms will be severable from the remaining terms.
24.2. The validity of all the other remaining provisions will not be affected and will
continue to be valid and enforceable. If any invalid term is capable of amendment to
render it valid, the Parties agree to negotiate an amendment to remove the
invalidity.

25. VARIATION
No variation of or addition to this Agreement will be of any force or effect unless reduced
to writing and signed by the Parties or their duly authorised representatives.

26. WARRANTIES
26.1. The Service Provider warrants that the goods supplied under the contract are new,
unused, of the most recent or current models, and that they incorporate all recent
improvements in design and materials unless provided otherwise in the contract.
The Service Provider further warrants that all goods supplied under this contract
shall have no defect, arising from design, materials, or workmanship (except when
the design and/or material is required by NECSA’s specifications) or from any act
or omission of the Service Provider, that may develop under normal use of the
supplied goods in the conditions prevailing in the country of final destination.
26.2. This warranty shall remain valid for twelve (12) months after the goods, or any
portion thereof as the case may be, have been delivered to and accepted at the
final destination indicated in the contract, or for eighteen (18) months after the date
of shipment from the port or place of loading in the source country, whichever
period concludes earlier, unless specified otherwise in SLA.
26.3. NECSA shall promptly notify the Service Provider in writing of any claims arising
under this warranty.
26.4. Upon receipt of such notice, the Service Provider shall, within the period specified
in SLA and with all reasonable speed, repair or replace the defective goods or
parts thereof, without costs to NECSA.
26.5. If the Service Provider, having been notified, fails to remedy the defect(s) within the
period specified in SLA, NECSA may proceed to take such remedial action as may
be necessary, at the Service Provider’s risk and expense and without prejudice to

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any other rights which NECSA may have against the Service Provider under the
contract.

27. APPLICABLE LAW
This Agreement shall in all respects be governed by and construed in accordance with
the Laws of the Republic of South Africa and all disputes, actions and other matters in
connection therewith shall be determined in accordance with such law.

28. GOVERNING LANGUAGE
The contract, all correspondence and other document pertaining to the Agreement that is
exchanged by the Parties shall be written in English.

29. TAXES AND DUTIES
29.1. A foreign Service Provider shall be entirely responsible for all taxes, stamp duties,
license fees, and other such levies imposed outside NECSA’s country.
29.2. A local Service Provider shall be entirely responsible for all taxes, duties, license
fees, etc., incurred until delivery of the contracted goods to NECSA.
29.3. No contract shall be concluded with any bidder whose tax matters are not in order.
Prior to the award of a bid the Department must be in possession of a tax clearance
certificate, submitted by the bidder. This certificate must be an original issued by the
South African Revenue Services.

SIGNED AT ____________________ ON THIS _______ DAY OF _______________ 20______.

_____________________________
FOR AND ON BEHALF OF THE SERVICE PROVIDER

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