You are on page 1of 19

Section 3.

Schedule of Requirements 1

Purchase Agreement
Supply of (Insert Material Name)
THIS PURCHASE AGREEMENT made the _____ day of __________, 20___
between China Railway First Group, CRFG (hereinafter called Purchaser
/CRFG ) of the one part and [name of Supplier] of [city and country of
Supplier] (hereinafter called the Supplier) of the other part.

WHEREAS the Purchaser is desirous that certain services,


viz____________________ should be performed by the Supplier and has
agreed for the timely delivery of (insert Name of material cement, steel,
Asphalt) by the (name of Supplier) for the execution of such services
strictly in line with the requirements of CRFG as set out in the contract
documents.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:


1. In this Agreement words and expressions shall have the same
meanings as are respectively assigned to them in the Contract
document referred to.
2. The following documents shall be deemed to form and be read and
construed as part of this Agreement, viz.:
I. Suppliers Information
II. Purchase Orders forms
III. Schedule of Requirements
IV. Technical Specifications of the Project
V. Terms and Conditions Document
VII. Provisions & Payment Method
VIII. Suppliers Documents

3. In consideration of the Invoices of delivered supply to be made by the


[name of Supplier] to the CRFG/Purchaser as hereinafter mentioned,
the [name of Supplier] hereby covenants with the CRFG/Purchaser
to provide the services in conformity in all respects with the
provisions of the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be


executed in accordance with their respective laws the day and year first
above written.

- Witness:
____________
Signature of the {supplier _______
name} (Name, Title and Address)
______________________
(Seal) ____________________
Signed, Sealed and Delivered in
the presence of:
Section 3. Schedule of Requirements 2
Witness:
Signature of the CRFG/ __________________________
Purchaser (Name, Title and Addres)
_____________________(Seal)
____________________
Section-1: Suppliers Information and Purchase Orders 3

Table of Content

PART A Supplier Information................................................................................9


Supplier
Information
..

1. List of Materials and Delivery Schedule........................................... 13


11

2. List of Related Services and Completion Schedule 14......................11

3. Technical Specifications (TS) 15......................................................................11

4. Inspections and Tests 16......................................................................................11


The Schedule of Requirements....................................................................................12

1. Definitions 81............................................................................................................18

284.........................................................................................................................................18

10........................................................................ Settlement of Disputes 84


18

11............................................................ Inspections and Audit by the 85


18

16.................................................................................. Terms of Payment 86


18

17.......................................................................................... Taxes and Duties


18

24.................................................................................................. Insurance 89
18

25.......................................... Transportation and Incidental Services 90


18

26........................................................................... Inspections and Tests 90


18
Section-1: Suppliers Information and Purchase Orders 4

27............................................................................. Liquidated Damages 91


18

28................................................................................................... Warranty 92
18

2 18

97 18

Supplier Information
[The Supplier shall fill in this Form in accordance with the instructions
indicated below. No alterations to its format shall be permitted and no
substitutions shall be accepted.]
Date: ..

1. Suppliers Name [insert Suppliers legal name]

2. In case of JV, legal name of each member :

3. Suppliers country of registration:

4. Suppliers year of registration:

5. Suppliers Address in country of registration:


6. Suppliers Authorized Representative Information
Name: [insert Authorized Representatives name]
Address:
Telephone/Fax numbers:
Email Address:
Section-1: Suppliers Information and Purchase Orders 5

7. Attached are copies of original documents of : (cii :Ignore ci &cii


in case of single entity)
a) Registration /Supply license
b) Material source/Specs of material
c) Official declaration that Supplier has never been blacklisted
d) In case of JV , JV agreement
e) In case of state/prov.-owned enterprise or institution
documents establishing:
ci) Legal and financial autonomy
cii) Operation under commercial law
ciii) Official declaration that Supplier has never been
blacklisted

Terms and Conditions Document


Date:
Project:
Material Order: Steel

To: M/s CRFG, House No.32, Embassy Road Islamabad

(a) We have examined and have no reservations with the terms and
conditions of this agreement
(b)We have not been suspended nor declared ineligible by any Project.
(c) We offer to supply in conformity with the Project Technical specifications
as attached Annex-A and in accordance with the Delivery Schedules
specified in the Schedule of Requirements the following Materials:
Sr No. Material Supply Name Quantity Rate(Currency)
Related Services
1. Bitumen
2. Steel
3. Etc. In case of multi supplies from the same Supplier

(d)The total agreed price as per material unit rate by both the parties
excluding any discounts offered in item (c1) below is:
In case of only one lot, total price of the supply

In case of multiple lots, total price of each lot : (Insert


amount)

In case of multiple lots, total price of all lots (sum of all lots): (insert
currency name & amount)
Section-1: Suppliers Information and Purchase Orders 6

(e) The details of discounts offered & agreed along with the methodology for
their application are:
(i) The discounts are: Specify in detail each (if any)

(ii) The exact method of calculations to determine the net price after
application of discounts is shown below : [Specify in detail the method
that shall be used to apply the discounts];

(f) M/s CRFG shall use his best endeavors in assisting the supplier where
required in obtaining clearance through the customs of material supplies.
(g)This terms & conditions shall remain binding upon both parties till the
supply delivery of final lot as per delivery schedule mentioned above.
(h)We obtain a performance security in accordance within 14 days after
signing of the Material Purchase Agreement with CRFG
(i) We are under obligation to pay all federal & provincial taxes, follow
Contract provisions related to supplies, Project Technical Specifications,
Project & projects country laws and related regulations as are mentioned
in agreement documents.

(j) We understand that this document with its attachments shall constitute a
binding contract between us
(k) We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf will engage in any type of fraud and
corruption.

Name of the Supplier* [insert complete name of person signing the


Terms & conditions Doc.]

Name of the person duly authorized to sign on behalf of the Supplier**


[insert complete name of person duly authorized to sign the terms
and conditions Doc.

Title of the person signing this Doc [insert complete title of the person
signing ]

Signature of the person named above [insert signature of person whose


name and capacity are shown above]

Signing Date: 1st March 2017


Section-1: Suppliers Information and Purchase Orders 7
Section-1: Suppliers Information and Purchase Orders 8
Section-1: Suppliers Information and Purchase Orders 9

PURCHASE ORDER( type-1)

Price Schedule 1: Materials Supplied Outside the Projects


be Imported
Materials to be imported: 2017

Currencies:

of ______

1 2 3 4 5 6 7 8

Line Description of Country of Delivery Quantity and Unit price CIP Price per line Price per line item for
Item Materials Origin Date as physical unit item inland transportation
defined CIP [insert place of and other services
N by Agreed destination] (Col. 5x6) required in the
schedule Projects country to
in accordance with convey the Materials
ITB 14.8(b)(i) to their final
destination

[insert [insert name of [insert [insert [insert [insert unit price [insert total CIP [insert the
numbe Material] country of quoted number of CIP per unit] price per line corresponding price
r of origin of Delivery units to be item] per line item]
the the Date] supplied and
item] Material] name of the
physical unit]

Total Amount:

Name of Supplier [insert complete name of Supplier] Signature of Supplier: [signature of Authoriz
Date: [insert date]
Section-1: Suppliers Information and Purchase Orders 10

PURCHASE ORDER( type-2)


Price Schedule 2: Materials Supply Outside the Projects
imported*
Date:__
Materials already imported
Project
Currency Page N
1 2 3 4 5 6 7 8 9 10

Line Description of Country Delivery Quantit Unit price Custom Unit Price Price per Price p
Item Materials of Date as y and including Duties and net of line item item
Origin defined physical Custom Import Taxes custom net of inla
N by unit Duties and paid per duties and Custom transpo
Purchase Import unit, [to be import Duties and n and
Order Taxes paid supported by taxes Import serv
schedule documents] Taxes paid, requir
s (Col. 6 the Pro
minus (Col. 58) count
Col.7) conve
Materi
their
destin

[insert [insert name of [insert [insert [insert [insert unit [insert custom [insert unit [ insert price [insert p
number Materials] country quoted number price per duties and price net of per line item per line i
of the of origin Delivery of units unit] taxes paid per custom net of for inland
item] of the Date] to be unit] duties and custom transpor
Material] supplied import duties and and othe
and taxes] import services
name of taxes] required
the Projects
physical country]
unit]

Name of Supplier [insert complete name of Supplier] Signature of Supplier: [signature of Authoriz
[insert date]
* [For previously imported Materials, the price shall be different from the original import value of these Materials declared to
customs and shall include any rebate or mark-up of the local agent or representative and all local costs except import duties and
taxes, which have been and/or have to be paid as per Project provisions.
Section-1: Suppliers Information and Purchase Orders 11

PART A Supply Requirements


Inspections and Tests

PART B Schedule of Requirements

Contents

1. List of Materials and Delivery Schedule..................................................13

2. List of Related Services and Completion Schedule...........................14

3. Technical Specifications (TS)...........................................................................15

4. Inspections and Tests...........................................................................................16


Section-1: Suppliers Information and Purchase Orders 12

The Schedule of Requirements

The Schedule of Requirements are to be read with Projects Technical Specifications


and Contract provisions by the Supplier, and shall cover, at a minimum, a
description of the Materials and services to be supplied and the delivery schedule.

The objective of the Schedule of Requirements together with the Supplies Price
Schedule, may serve as a basis in the event of quantity variation during
construction execution

The date or period for delivery should be carefully specified, taking into account (a)
the implications of delivery terms stipulated in NHA specifications along and this
Agreement . Supplier pursuant to the Incoterms rules (i.e., EXW, or CIP, FOB, FCA
termsthat delivery takes place when Materials are delivered to the carriers),
and (b) the date prescribed herein from which the CRFGs delivery obligations start.

1. List of Materials and Delivery Schedule


[M/s CRFG , Materials and Machinery/equipment Department shall fill in this table, with the exclus
column Suppliers offered Delivery date to be filled by the Supplier]

Line Description of Quanti Physi Final Delivery Date


Item Materials ty cal Order/ Latest
(Project
unit Targeted Delivery
N Site)
Destinati Delivery Date
on as Date
specified As per SCI
8.3
Section-1: Suppliers Information and Purchase Orders 13

[inser [insert description of insert insert insert [insert the insert the i
t Materials] quantit physic place of number of number of n
item y of al unit Delivery days days f
No] item to for the following the following the d
be quanti date of BOQ date of o
supplie ty item to be Purchase /
d executed in Order
accordance /targeted
with date
Programme
under SCI
8.3

2. List of Related Services and Completion Sche


[M/s CRFG shall fill this table. The Required Completion Dates are required to be realistic, and con
required Materials Delivery Dates ]

Place where
Services shall
Servic Description of Service Quantity1 Physical Unit
performed
e

[inser [insert description of Related [insert [insert [insert name o


t Services] quantity of physical unit the Place]
Servi items to be for the
ce supplied] items]
No]
Section-1: Suppliers Information and Purchase Orders 14

1. If applicable
Section 3. Schedule of Requirements 15

3. Technical Specifications (TS)

Testing of Material

The purpose of the Technical Specifications (TS), is to define the technical


characteristics of the Materials and Related Services required by the
CRFG,Pakistan(Purchaser). The Purchaser shall prepare the detailed TS take into
account that:

The TS shall require that all Materials and materials to be incorporated in the
Materials be new, unused, as orders and that they incorporate all recent
improvements in design and materials, in line with NHA Technical
specification for the respective Project.

The Bank encourages the use of metric units.

Standards for materials specified in the Projects Technical Specifications and


Contract provisions shall not be restrictive.

Recognized international standards should be specified as much as possible.


Reference to brand names, catalogue numbers, or other details that limit any
materials or items to a specific manufacturer should be avoided as far as
possible.

When other particular standards or codes of practice are required to be used


for materials, whether from the materials manufacturers or from other , a
statement should follow other authoritative standards that ensure at least a
substantially equal quality, then the standards mentioned in the TS will also
be acceptable.

All quality standards of the materials shall be strictly in accordance with


quality standards and specification as mentioned in Project technical
specifications and materials contract provisions

Technical Specifications shall be fully descriptive of the requirements in


respect of, but not limited to, the following:
(a) Standards of materials and workmanship required for supply of the
Materials.

(b) Detailed tests shall be performed and after The Engineers Approval
delivery order shall be given

(d) Defective supply shall be returned back at the cost of Supplier


Section 3. Schedule of Requirements 16

[If a summary of the Technical Specifications (TS) has to be provided, the


Purchaser shall insert information in the table below. The Supplier shall prepare
a similar table to justify compliance with the requirements]

Summary of Technical Specifications. The Materials and Related


Services shall comply with following Technical Specifications and
Standards:

Item No Name of Materials Technical Specifications and


or Related Service Standards
NHA or Project based Technical
specifications for materials

[insert item No] [insert name] [insert TS and Standards]

4. Inspections and Tests


CRFG (Purchaser) shall inspect The Supplier shall at its own expense and at no
cost to the Purchaser carry out all such tests and/or inspections of the materials
and Related Services as per project need. The inspections and tests may be
conducted on the premises of the Supplier or its designated area, at point of
delivery, and/or at the Goods final destination, or in another place in the
Projects Country if conducted on the premises of the Supplier.

The Purchaser or its designated representative shall be entitled to attend the


tests and/or inspections provided that the Supplier bear all of its own costs and
expenses incurred in connection with such attendance including, but not limited
to, all traveling and board and lodging expenses. The tests shall be performed in
project laboratory and shall be submitted to the Engineer for approval of
materials . However in case of approval of source , it is not applicable as per
project requirements. The following inspections and tests shall be performed:

[insert list of inspections and tests]


Section 3. Schedule of Requirements 17

Completion:

The agreements shall stand concluded once all the delivery is delivered timely
and all the payments are made to the supplier.

Termination

(a) The Purchaser, by written notice of default sent to the Supplier, may
terminate the agreement

i. if the Supplier fails to deliver any or all of the Goods within the
period as per purchase order and schedule of requirement.
ii. if the Supplier fails to perform any other obligation under this
agreement

(b) In the event, the Purchaser terminates the agreement for the supply
of materials , the Purchaser may procure, upon such terms and in
such manner as it deems appropriate, materials or Related Services
similar to those undelivered or not performed, and the Supplier shall
be liable to the Purchaser for any additional costs for such similar
Goods or Related Services. However, the Supplier shall continue
supplying to the extent not terminated.

ARBITRATION
All disputes or differences which shall at any time arise between the
parties concerning this Agreement shall be referred to a single arbitrator
in accordance with the Pakistan Arbitration Act, 1940. The arbitration
proceedings shall take place at Islamabad and shall be conducted in the
English language. The Award of the Arbitrator shall be final and binding
upon both parties.
Section 3. Schedule of Requirements 18

Section C. Provisions of Supply Agreement

Table of Clauses

1. Definitions............................................Error! Bookmark not defined.


2Error! Bookmark not defined.
10.............................................................................Settlement of Disputes
Error! Bookmark not defined.
11....................................................................Inspections and Audit by the
Error! Bookmark not defined.
16......................................................................................Terms of Payment
Error! Bookmark not defined.
17.......................................................................................Taxes and Duties
24..................................................................................................Insurance
Error! Bookmark not defined.
25.....................................................Transportation and Incidental Services
Error! Bookmark not defined.
26................................................................................Inspections and Tests
Error! Bookmark not defined.
27.................................................................................Liquidated Damages
Error! Bookmark not defined.
28...................................................................................................Warranty
Error! Bookmark not defined.
2
Error! Bookmark not defined.
Section 3. Schedule of Requirements 19

You might also like