Elangeni College Application Form – Fill Out and Use This PDF

2.SUPPLIER DETAIL

Use a black pen. Please print clearly

2.1Company / Supplier Name

Business name

Business Registration Number

(see paragraph 3) :

VAT registration number (if applicable):

Income tax reference number:

Telephone

1

2

numbers

Fax

1

2

Numbers

Web

address

Postal Address: (compulsory)

Postal code

Physical Address: (compulsory)

2.2Business/Supplier Classification: (Please √ the relevant box or boxes below the appropriate heading)

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2.3Supplier Grouping Detail: Type of Business: (Please √ the relevant box)

	Form of Business	Tick	Document required
1	Public Company (Ltd)		Certified copy of Certificate of Incorporation (CM3)
2	Private company (Pty)		Certified copy of Certificate of Incorporation (CM3
	Ltd
3	Closed Corporation (cc)		Certified copy of CK 1 and CK 2 documents
5	Joint Venture		Certified copy of partnership agreement
6	Consortium		Certified copy of partnership agreement
7	Sole Proprietor		Certified copy of ID document
9	Partnership		Certified copy of partnership agreement
10	Trust		Certified copy of trust document
11	Co-operative		Certified copy of registration document

2.4Main Contact Person in Your Company:

Name and
Surname
Company
Position:
Phone numbers:	1												2
Cell phone	1												2
numbers:
Fax Number:	1												2
E-mail address:

2.5Contact Person (Sales) in Your Company:

Name and

Surname:

Company

Position:

Phone numbers:

1

2

Cell phone

1

2

numbers:

Fax number:

1

2

E-mail address:

2.6 Tax Clearance Certificate

Tax Clearance Certificate Attached

Yes

No

Expiry date:

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2.7Commodities:

Refer to Annexure B (pages 24 – 31)

Select a maximum of 2 commodities to be registered on the Supplier Database. Enter the information in the table below

2.8SMME Status of Your Enterprise:

• Please use this table to determine the SMME Status of your enterprise

(According to SMME table. Compulsory)

Sector:…………………….………………………………….….

Please √ the relevant box in each column

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2.9HDI Ownership Status

2.9.1Instructions and Definitions:

(Please read carefully before completing HDI Ownership Status)

Legislation:

•Procedures are set out in the Accounting Officers Procurement Procedures (AOPP), as referred to in the Public Finance Management Act, 1999 (Act 1 of 1999)(PFMA), to give all prospective suppliers an equal opportunity to submit quotations to a State Department.

Terminology:

•Commodities: The commodities the company wishes to be registered for as a supplier to the Department.

•Trade Names: The trade names that the company own or distribute, which you wish to be registered for as a supplier to the Department.

•Owned: Having all the customary elements of ownership, including the right of decision- making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination rather than the form of ownership arrangements.

•Historically Disadvantaged Individuals (HDI): For the purpose of registering as a supplier for the Department, the refutable presumption shall be made that SA citizens who fall into population groups that had no franchise in national elections prior to the introduction of the 1983 and 1993 constitution are Historically Disadvantaged Individuals. It is incumbent on individuals to demonstrate their claims to fall into such population groups on the basis of identification and association with and recognition by the members of such a group. Such individuals include Africans, Indians and Coloured persons who have a degree of ownership or equity ownership and are actively involved in the daily management and business operations.

•Women Equity: A female person who is a SA citizen, who has a degree of ownership and is actively involved in the management and daily business operations

•Disabled Equity: A person who is a SA citizen, who has a degree of ownership;

and is permanent impaired of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being;

and is actively involved in the management and daily business operations

•Youth Equity: A person who is a SA citizen, between the ages of 18 and 35, and is actively involved in the management and daily business operations

•Establishment of HDI / Women Equity / Disabled Equity / Youth Equity ownership in an enterprise: Equity ownership shall be equated to the percentage of an enterprise which is owned by individuals, or in the case of a company, the percentage shares that are owned by individuals who are actively involved in the management and daily business operations of the enterprise and exercise control over the enterprise, commensurate with their degree of ownership.

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Where individuals are not actively involved in the management and daily business operations and do not exercise control over the enterprise commensurate with their degree of ownership, equity ownership may not be claimed.

2.9.2Partners, proprietors and shareholders

Indicate the four HDI Status categories with a “Yes” or “No” The total of the % column (far right) must be equal to 100%

Failure to complete this section will result in the application being declined

HDI Status

%

Equity

of

Position

Date RSA

individuals

business /

Name &

who had

Dis-

enterprise

occupied

ID Number

Citizenship

Surname

no

Women

Youth

owned

in Enterprise

obtained

abled

franchise

Equity

Equity

Equity

prior to

elections

Total

100%

2.9.3HDI Ownership Status:

Failure to complete this section will result in the application being declined

Historically Disadvantaged Individuals Equity (HDI)		%
Women Equity (WE)		%
Disabled Individuals Equity (DE)		%
Youth Equity (YE)		%
Does the business have 100% African ownership?	Yes		No
If the form of business is a co-operative (see 3.11), is it 100% African	Yes		No
owned?

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2.10 References

Provide information of clients regarding your last six completed business transactions.

Company/	Type of contract	Value of	Date	Contact
Departments name		the	completed	person and
		contract		telephone
		incl VAT		numbers
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel
				Tel

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2.11 Certification of Correctness of Information Supplied

I/We, the undersigned, certify that the information supplied in this document is correct and accurate and acknowledge that:

If the information supplied is found to be incorrect, the College, in addition to any other remedial action it takes, may:

a.disqualify my/our company from participating in any work from the College

b.reject my/our company from registering in the database of the College

c.if already registered in the database, de-register the company from the Suppliers Database of the College

d.cancel the contract and claim damages which the College may suffer by having to make less favourable arrangements after such cancellation.

a. Signed on this …………..day of ………………………….. 2010,

at …………..…………………….…….. before the commissioner of oaths.

………………………………………	…………………….………………………..
Signature of the supplier/duly authorized	Name in block letters
representative of the company

b. Signed and affirmed before me at ……………………………………..

on this ….……day of………………………………… 2010, by the deponent who has

acknowledged that he/she knows and understands the content of this document, and he/she has no objection to affirming, that he/she regards the affirmation to be binding on his/her conscience.

Commissioner of Oaths:

Full name: ………………………………………………………..

Business address: ………………………………………………

………………………………………………

………………………………………………

Tel number (landline): …………………………………………

Tel number (cell phone): ………………………………………

Capacity: ………………………………….. Area: ……………………………………

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2.12Bank Details. Attach a cancelled cheque to this page

1.I / We hereby request and authorize you to pay any amounts which accrue to me/us to the credit of my/or account with the mentioned bank.

2.I / We understand that the credit transfer hereby authorised will be processed by computer through a system known as the ‘ACB Electronic Fund Service’ and I/ We also understand that no additional advice of payment will be provided by my/our bank, but details of each payment will be printed on my/or bank statement or any accompanying voucher. (This does not apply where it is not customary for banks to furnish bank statements).

3.I / We also understand that a payment advice will be supplied by Elangeni College in the normal way, and that it will indicate the date on which funds will be available in my/or account.

4.This authority may be cancelled by me/us by giving thirty day’s notice by pre- paid/registered post.

5.I / We will not hold Elangeni College liable for any payment not made into our bank account if the bank account details are incorrect or were not supplied to the Elangeni College prior to payment.

________________________	_______________________	_____________________
Initials and surname	Authorised Signature	Date

DETAILS OF MY/OUR BANK ACCOUNT

Account Holder ________________________________________________

Name of Branch ________________________________________________

Branch Code ________________________________________________

Account Name ________________________________________________

Account Number ________________________________________________

Account Type* _____________ If Cheque Account, attach a blank, cancelled cheque

• Please enter numeric value:
1= Cheque	4= Bond Account
2= Savings Account	5= (Not in use)
3= Transmission	6= Subscription account

Name: _______________________________

ID Number: _______________________________

Signature: _______________________________

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ANNEXURE A

GOVERNMENT PROCUREMENT

GENERAL CONDITIONS OF CONTRACT

NOTES

The purpose of this document is to:

(i)Draw special attention to certain general conditions applicable to government bids, contacts and orders; and

(ii)To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government.

In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.

•The General Conditions of Contract will form part of all bid documents and may not be amended.

•Special Conditions of Contract (SCC) relevant to a specific bid should be compiled separately for every bid (if applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.

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TABLE OF CLAUSES

1.Definitions

2.Applications

3.General

4.Standards

5.Use f contract documents and information; inspection

6.Patent rights

7.Performance security

8.Inspections, tests and analysis

9.Packing

10.Delivery and documents

11.Insurance

12.Transportation

13.Incidental services

14.Spare parts

15.Warranty

16.Payment

17.Prices

18.Contract amendments

19.Assignments

20.Subcontracts

21.Delays in the supplier performance

22.Penalties

23.Termination for default

24.Dumping and countervailing duties

25.Force Majeure

26.Termination for insolvency

27.Settlement of disputes

28.Limitation of liability

29.Governing language

30.Applicable law

31.Notices

32.Taxes and duties

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duty or similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.

1.17“Local Content” means that portion of the bidding price which is not included in the imported content provided that the local manufacture does not take place.

1.18“Manufacture” means the production of products in a factory using labour, materials, components, and machinery and includes other related value-adding activities.

1.19“Order” means an official written issued for the supply of goods or works or the rendering of a service.

1.20“Project Site” where applicable, means the place indicated in bidding documents.

1.21“Purchaser” means the organization purchasing the goods.

1.22“Republic” means the Republic of South Africa.

1.23“SCC” means the Special Conditions of Contract.

1.24“ Services” mean those functional services ancillary to the supply of the goods, such as transportation and any other incidental services such as the installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations the supplier covered under the contract.

1.25“Written” or “in writing” means hand written in ink or any form of electronic or mechanical writing.

2. Application

2.1These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the dicing documents.

2.2Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.

2.3Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

3. General

3.1Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non – refundable fee for documents may be charged.

3.2With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za.

4. Standards

4.1The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1The supplier shall not, without the purchaser’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 the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract.

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Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performances.

5.2The supplier shall not, without the purchaser’s prior written notice consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3Any document other than the contract itself mentioned in GCC clause 5.1 shall remain property of the purchaser and shall be returned ( all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

5.4the supplier shall permit the purchaser to inspect the supplier’s records relating to performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent Rights

6.1The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from the use of the goods or any part thereof by the purchaser.

7. Performance

7.1Within thirty (30) days of receipt of notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC.

7.2The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the suppliers failure to complete his obligations under the contract.

7.3The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or

(b) A cashier’s or certified cheque

7.4The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

8.1All pre – bidding testing will be for the account bidder.

8.2If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by representative of the Department or an organized of the Department or an organization acting on behalf of the Department.

8.3If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make necessary arrangements, including payment arrangements with the testing authority concerned.

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8.4If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 shows the supplies to be in accordance with the contract requirements, the cost of the inspections, tests, and analyses shall be defrayed by the purchaser.

8.5Where the supplies or services referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

8.6Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected.

8.7Any contract supplies may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal of the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier.

8.8the provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing

9.1The supplier shall provide such packing of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

9.2The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.

10. Delivery and Documents

10.1Delivery of goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and or/ other documents to be furnished by the supplier are specified in SCC.

10.2Documents to be submitted by the supplier are specified in SCC.

11. Insurance

11.1The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transport, storage and delivery in the manner specified in the SCC.

12. Transportation

12.1Should a price other than all-inclusive delivered price be required, this shall be specified in the SCC.

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13. Incidental Services

13.1The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

(a) Performance or supervision of an on-site assembly and/or commissioning of the supplied goods;

(b) Furnishing of tools required for assembly for assembly and/or maintenance of the supplied goods;

(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods.

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods

13.2Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other partied by the supplier for similar services.

14. Spare Parts

14.1As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and

(b) In the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements and;

(ii) Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts if requested.

15. Warranty

15.1The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models and those they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier 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 the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2This 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 SCC.

15.3The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

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15.4Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. Payment

16.1The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.

16.2The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfillment of other obligations stipulated in the contract.

16.3Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of an invoice or claim by the supplier.

16.4Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices

17.1Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. Contract amendments

18.1No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned.

19. Assignment

19.1The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser in the contract.

21.2If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.

21.3No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial department, or a local authority.

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21.4The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.

21.5Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

(b) If the Supplier fails to perform any other obligation(s) under the contract; or

(c) If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

23.2In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.

24. Anti-dumping and countervailing duties and rights

24.1When, after the date of bid, provisional payments are required, or antidumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to

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supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him

25. Force Majeure

25.1Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

26. Termination for insolvency

26.1The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1If any dispute or difference of any kind whatsoever arises between the Purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2If, after thirty (30) days, the parties have failed to resolve their dispute

Or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.

27.3Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5Notwithstanding any reference to mediation and/or court proceedings

Herein,

(a)The parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

(b)The purchaser shall pay the supplier any monies due the supplier.

28.1 Except in cases of criminal negligence or wilful misconduct, and in

28. Limitation of liability

The case of infringement pursuant to Clause 6;

(a)the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

(b)The aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English.

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ANNEXURE B

LIST OF COMMODITIES TO CHOOSE FROM

NO	DISCRIPTION OF COMMODITY
1	ABRASIVES
2	ACCOMODATION
3	ACCOUNTING & BOOKKEEPING SERVICES
5	ACCUMULATORS
6	ADVERTISING
7	ADVERTISING AND PRINTING
8	AGRICULTURAL SERVICES & EQUIPMENT
9	AIR CONDITIONING SERVICES & REPAIRS
10	AIR CONDITIONING SYSTEMS & CONTRACTORS
13	ALARM SYSTEMS AND EQUIPMENT
14	ANTI VIRUS SOFTWARE
15	ARCHITECTS & ARCHITECTURAL SERVICES
16	ARCHIVING SERVICES & SYSTEMS
17	ART & CRAFT MATERIALS
18	ASSET MANAGEMENT SYSTEMS
19	ASSET MANAGEMENT SYSTEMS BARCODE
20	ASSOCIATIONS & FEDERATIONS
21	ASSURANCE COMPANIES
22	AUCTIONEERS
23	AUDIO VISUAL AIDS & EQUIPMENT
24	AUDIO VISUAL EQUIPMENT
25	AUDIO VISUAL EQUIPMENT HIRE
26	AUDIO VISUAL EQUIPMENT REPAIRS & SERVICES
27	AUDIO VISUAL PRODUCTIONS
28	AUDIO-VISUAL PRESENTATIONS
29	AUDITING SERVICES
30	AUTO SPARE PARTS & REPAIRS
31	AUTOMATION & CONTROL SERVICES
32	BACKUP SERVICES COMPUTER DATA
33	BADGES CONFERENCE,EMBROIDERED, METAL
34	BAGS CONFERENCE / TRAVEL / PROMOTIONAL
35	BAGS REFUSE & PLASTIC
36	BAKERIES
37	BANKS & FINANCIAL INSTITUTIONS
39	BAR CODE AND MAGNETIC CARDS
40	BARCODE SOFTWARE & PRINTERS
41	BATTERIES
44	BLINDS & AWNINGS
45	BOILERS
46	BOOKS
47	BREAKDOWN SERVICE ROAD
48	BREWERIES & BAR REQUISITES
49	BRICKLAYERS
53	BUILDING CONTRACTORS
54	BUILDING MATERIALS & HARDWARE
55	BUILDING SERVICES
59	BUSINESS PLANS
60	BUSINESS SOLUTIONS

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61	BUSINESS STRATEGY DEVELOPMENT
62	BUSINESS SYSTEMS SOFTWARE
65	CABLING CONTRACTORS
67	CABLING SYSTEMS TELEPHONE
70	CARDS IDENTIFICATION
71	CARPENTERS * CARPENTRY
72	CARPET CLEANING SERVICES
73	CARPETS* CARPETING
74	CARTRIDGES
75	CATERING EQUIPMENT & EQUIPMENT HIRE
76	CATERING SERVICES
77	CEILING CONTRACTORS
78	CELLULAR TELEPHONE NETWORK PROVIDERS
79	CELLULAR TELEPHONES SALES AND CONTRACTS
80	CERTIFICATION SERVICES
81	CHAMBERS COMMERCE & INDUSTRY
87	CLEANING CHEMICALS
88	CLEANING EQUIPMENT GENERAL
89	CLEANING SERVICES
91	CLOTHING GENERAL/PROTECTIVE & UNIFORMS
92	CLOTHING MANUFACTURERS
93	COFFEE & VENDING MACHINES
94	COLLEGES
95	COMPUTER CABLING SYSTEMS
96	COMPUTER COMPONENTS
97	COMPUTER CONSUMABLES
98	COMPUTER HARDWARE & PRINTERS
99	COMPUTER NETWORKING
100	COMPUTER REPAIRS
101	COMPUTER SERVICES
102	COMPUTER SOFTWARE
103	COMPUTER SOLUTIONS
104	CONCRETE PRODUCTS
105	CONFERENCE ACCESSORIES
106	CONFERENCE CENTRES & FACILITIES
107	CONFERENCING CENTRES & FACILITIES
108	CONFERENCING SYSTEMS
109	CONSTRUCTION CONTRACTORS
110	CONSTRUCTION SERVICES GENERAL
111	CONSTRUCTION STEEL
112	CONSULTING SERVICES
113	CONSULTING:ASSET MANAGMENT
114	CONSULTING:ACCESS CONTROL SYSTEMS
116	CONSULTING:ACQUISITION MANAGEMENT
117	CONSULTING:ACTUARIES & REMUNERATION SERVICE
118	CONSULTING:ADMINISTRATION
119	CONSULTING:ADMINISTRATION EMPLOYEE
120	CONSULTING:ADVERTISING
121	CONSULTING:AGRICULTURAL ENGINEERS
123	CONSULTING:ASSET MANAGEMENT & BARCODING
124	CONSULTING:ASSET SOFTWARE
127	CONSULTING:CATERING
129	CONSULTING:CIVIL ENGINEERING

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131	CONSULTING:COMMUNICATION
132	CONSULTING:COMMUNICATION NETWORK
133	CONSULTING:COMMUNICATION STRATEGIES & SYSTEMS
135	CONSULTING:COMMUNITY SERVICES
136	CONSULTING:COMPUTER LITERARY
137	CONSULTING:COMPUTER PROGRAMMING & SOFTWARE
138	CONSULTING:COMPUTER SYSTEM & SOLUTIONS
139	CONSULTING:CONCEPTUAL
140	CONSULTING:CONFERENCE & EVENTS
141	CONSULTING:CONSTRUCTION ENGINEERS
142	CONSULTING:CORPORATE ID
143	CONSULTING:CUSTOMER INTERACTIONS
144	CONSULTING:DATABASE
145	CONSULTING:DESIGN SERVICES
147	CONSULTING:DRAINAGE
154	CONSULTING:EDUCATION
155	CONSULTING:ELECTRICAL ENGINEERS
156	CONSULTING:ELECTRONIC
232	CONSULTING:STRATEGIC PLANNING & DEVELOPMENT
234	CONSULTING:STRESS MANAGEMENT
235	CONSULTING:TAXATION
236	CONSULTING:TECHNICAL SKILLS
237	CONSULTING:TECHNOLOGY
238	CONSULTING:TELECOMMUNICATION
239	CONSULTING:TENDER EVALUATIONS
246	CONTAINERS & PACKAGING
247	COPYWRITING
248	CORPORATE GIFTS & PRODUCTS
249	CORROSION PROTECTION SERVICES
252	COURIER SERVICES
253	CROCKERY & CUTLERY
254	CUPBOARDS BUILT IN
255	CURIOS
256	CURTAINING, RAILS & ACCESSORIES
257	DAIRY & RELATED PRODUCTS
258	DATA BACKUP SERVICES & SOFTWARE
259	DATA CAPTURING & MANAGEMENT SERVICES
260	DATA INTEGRATION & ANALYSIS
269	DEVELOPMENT:DATABASE
272	DEVELOPMENT:EMPLOYEE BENEFIT & EMPOWERMENT
273	DEVELOPMENT:EMPLOYEE DEVELOPMENT
274	DEVELOPMENT:EMPLOYMENT EQUITY
275	DEVELOPMENT:EMPOWERMENT MODELS
276	DEVELOPMENT:EMPOWERMENT WOMEN
277	DEVELOPMENT:ENTREPRENURIAL SKILLS
278	DEVELOPMENT:FINANCIAL SYSTEMS
280	DEVELOPMENT:HUMAN RECOURCES
281	DEVELOPMENT:INDUSTRIAL
282	DEVELOPMENT:INFRASTRUCTURE
284	DEVELOPMENT:LOGISTICS SYSTEMS
285	DEVELOPMENT:MANAGEMENT
286	DEVELOPMENT:MANAGEMENT TOOLS
287	DEVELOPMENT:MULTIMEDIA

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288	DEVELOPMENT:ORGANISATIONAL DYNAMICS
289	DEVELOPMENT:PERFORMANCE MANAGEMENT
290	DEVELOPMENT:PERSONAL DEVELOPMENT
291	DEVELOPMENT:PERSONNEL
292	DEVELOPMENT:PROJECT MANAGEMENT
295	DEVELOPMENT:SKILLS
296	DEVELOPMENT:SMALL BUSINESS (SMME)
301	DEVELOPMENT:TECHNOLOGY
303	DIESEL INDUSTRY
304	DISPLAY SERVICES
305	DISTRIBUTION SERVICES
306	DOCUMENT BINDING SERVICES
307	DOCUMENT DUPLICATING SERVICES
310	DRAWING OFFICE EQUIPMENT
311	DRAWING OFFICE SUPPLIES
312	DRESSMAKING
313	DRIVING INSTRUCTORS
314	DRUMS COPIERS
315	DRY CLEANING SERVICES
316	DUPLICATING EQUIPMENT
317	EARTHMOVING CONTRACTORS
318	EDITING SERVICES
319	EDUCATIONAL SERVICES
320	ELECTRICAL APPLIANCES
321	ELECTRICAL APPLIANCES HOUSEHOLD
322	ELECTRICAL COMPONENTS & EQUIPMENT
323	ELECTRICAL CONTRACTORS
324	ELECTRONIC APPLIANCES
325	ELECTRONIC COMPONENTS & EQUIPMENT
326	ELECTRONIC CONTRACTORS
327	ELECTRIC FENCING SUPPLY & MAINTENANCE
329	EMBROIDERY SERVICES ( & LOGO )
330	EMERGENCY MEDICAL SUPPLIES & EQUIPMENT
331	ENCODING
333	ENGRAVING SERVICES
335	ENTERTAINMENT (PERFORMERS)
336	ENTERTAINMENT FACILITIES
337	ENTERTAINMENT SERVICES (TOURISTS)
339	ENVELOPES
342	EVENT & CONFERENCING MANAGEMENT
343	EXHIBITION CENTRES
344	FACILITATION GENERAL SERVICES
345	FACILITATION SERVICES CONFERENCE
346	FARMING PRODUCTS AND SERVICE
347	FENCING CONTRACTORS
349	FIRE EXTINGUISHING
350	FIRST AID SUPPLIES & EQUIPMENT
351	FLAGS & MAPS
352	FLOORING CONTRACTORS
353	FLORISTS
356	FRAMING SERVICES
357	FRANKING MACHINES
358	FREIGHT SERVICES (AIR, LAND, SEA)

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359	FURNITURE
360	FURNITURE REMOVALS (OFFICE FURNITURE)
361	GALVANISING SERVICES
362	GARAGE EQUIPMENT
363	GARDENING SERVICES
364	GAS & HEATING EQUIPMENT
365	GIFTS PROMOTIONAL
369	GLAZING CONTRACTORS
370	GOVERNMENT SERVICES
371	GRAPHIC DESIGN SERVICES
372	GUESTHOUSE, INNS & LODGES
373	HARDWARE & BUILDING SUPPLIES
374	HEATERS & HEATING EQUIPMENT
375	HOSPITALITY SERVICES CORPORATE
376	HOSPITALS & CLINICS
377	HOTELS
378	HYDRAULIC ACCESSORIES
379	ID CARD PERSONALISATION SYSTEMS
380	ILLUSTRATION SERVICES
386	INFORMATION SERVICES
390	INTERCOMMUNICATION SYSTEMS
392	INTERIOR DECORATORS
399	KNITTING MACHINES & ACCESSORIES
400	LABELS & LABELING SERVICES
403	LANDSCAPING SERVICES
404	LAUNDRY SERVICES
405	LEATHER PRODUCTS GENERAL
406	LIBRARY SERVICE CONSULTANTS
407	LIFTING CONTRACTORS
409	LIGHTING CONTRACTORS
410	LIGHTS AND FITTINGS
411	LOADERS & LIFTS
412	LOCKSMITHS
413	LOGO : CROCKERY
414	LOGO : DESIGN SERVICES
415	LOGO : ENGRAVING
416	MAGAZINE PUBLICATION
417	MAGAZINES SUPPLIER
418	MAILING SERVICES (LIKE POST OFFICE)
419	MAILROOM EQUIPMENT
420	MANUFACTURING MATERIALS & TEXTILES
421	MANUFACTURING:PLASTIC PRODUCTS
422	MAPS
423	MARKET RESEARCH
424	MEAT PRODUCTS
425	MEDIA LIAISON
433	MINING & SUPPORT CONTRACTORS
435	MULTI MEDIA SERVICES
436	MULTIMEDIA PRODUCTS & AIDS
437	NETWORK SOLUTIONS
438	OCCUPATIONAL HEALTH & SAFETY
439	OCCUPATIONAL HEALTH & SAFETY EQUIPMENT
440	OFFICE AUTOMATION EQUIPMENT

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441	OFFICE AUTOMATION EQUIPMENT REPAIRS
442	OFFICE AUTOMATION HIRE
443	OFFICE CONSUMABLES
444	OFFICE EQUIPMENT
445	OFFICE FURNITURE
446	OFFICE FURNITURE REQUISITES
447	OFFICE LAYOUT DESIGN SERVICES
448	OFFICE MACHINES & EQUIPMENT
449	OILS & LUBRICANTS
450	PACKAGING MATERIALS
451	PAINT SUPPLIES
452	PAINTING CONTRACTORS
453	PAINTINGS
454	PARTITIONING CONTRACTORS
455	PAVING CONTRACTORS
457	PERISHABLES SUPPLIERS
458	PEST CONTROL SERVICES
461	PHOTOGRAPHY EQUIPMENT
462	PHOTOGRAPHY SERVICE
463	PLAN DRAWING SERVICES
464	PLANTSCAPING SERVICES INDOOR OUTDOOR
465	PLASTERING CONTRACTORS
466	PLOTTING SERVICES
467	PLUMBING CONTRACTORS
468	POINT OF SALE DESIGN SERVICES
470	POWER TOOLS
471	PRINTING & DESIGN SERVICES
472	PRINTING CONSUMABLES
473	PRINTING SERVICES
474	PRINTING SERVICES TEXTILE
475	PROCUREMENT SERVICES
476	PUBLICATIONS
477	PUBLISHERS
478	QUALITY CONTROL SERVICES
479	QUANTITY SURVEYERS
484	RECRUITMENT AGENTS
485	RECYCLING SERVICES
487	REFUSE CONVEYORS
488	REGISTRATION SERVICES COMPANY
489	REHABILITATION SERVICES ALCOHOL & DRUG DEPEND
490	REMOVAL SERVICES FURNITURE
491	REMOVAL SERVICES REFUSE
492	RENOVATION SERVICES
494	RESORTS HOLIDAY
497	ROAD CONSTRUCTION
498	ROOFING CONTRACTORS
499	SAFES & SAFE REMOVAL SERVICES
500	SANITARYWARE
501	SECRETARIAL SERVICES
502	SECURITY & ACCESS CONTROL EQUIPMENT
503	SECURITY & ACCESS CONTROL SERVICES
504	SECURITY & ACCESS CONTROL SYSTEMS
505	SECURITY ELECTRIC FENCING SUPPLY & MAINTENANCE

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506	SEMINARS
507	SERVICE PROVIDERS CELLULAR TELEPHONE
509	SERVICE PROVIDERS MULTI MEDIA
511	SEWING SERVICES
512	SHOPFITTERS
513	SHUTTLE SERVICES
514	SIGNS
515	SILK IMPORTER
516	SOUND & MUSIC SYSTEMS/EQUIPMENT
519	STATIONERY OFFICE BASIC
520	STEEL CONTRACTORS
521	STEEL WORKS GENERAL
522	STORAGE SERVICES & FACILITY
523	STORAGE SYSTEMS
524	STORAGE SYSTEMS (DOCUMENT & COMPUTER)
525	SURVEYING INSTRUMENTS
526	SURVEYING SERVICES
528	TEACHERS & EDUCATORS
529	TEAM BUILDING
530	TECHNIKONS
531	TELECOMMUNICATION EQUIPMENT
532	TELECOMMUNICATIONS SYSTEMS
534	TENTS & CANVAS GOODS
535	TEXTILES GENERAL
536	THATCH ROOFING & TREATMENTS
537	TILING CONTRACTORS
538	TIME AND ATTENDANCE EQUIPMENT
539	TOILET PAPER:MANUFACTURING & SALES
540	TOOLS ELECTRICAL & MECHANICAL
541	TOURS AND TOURISM
542	TRACKING SERVICES SECURITY
543	TRACKING SYSTEMS
544	TRACKING SYSTEMS VEHICLE
545	TRAINING MATERIALS & SOFTWARE
546	TRAINING:ASSET SOFTWARE
560	TRAINING:EDUCATION
561	TRAINING:EMPLOYEE DEVELOPMENT
562	TRAINING:EMPOWERMENT MODELS
564	TRAINING:FINANCIAL ADMINISTRATION
565	TRAINING:FINANCIAL PLANNING
566	TRAINING:FINANCIAL SYSTEMS
568	TRAINING:HUMAN RECOURCES
569	TRAINING:INFORMATION MANAGEMENT
571	TRAINING:INTERNET
572	TRAINING:IT SERVICES & STRATEGIES
573	TRAINING:LABOUR
574	TRAINING:LOGISTICS SYSTEMS
575	TRAINING:MANAGEMENT
576	TRAINING:MANAGEMENT TOOLS
578	TRAINING:PERFORMANCE MANAGEMENT
579	TRAINING:PERSONAL DEVELOPMENT
580	TRAINING:PERSONNEL
581	TRAINING:PROJECT MANAGEMENT

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582	TRAINING:PUBLIC RELATIONS & SERVICES
583	TRAINING:RISK MANAGEMENT
584	TRAINING:SECRETARIAL
585	TRAINING:SECURITY SYSTEMS
586	TRAINING:SKILLS DEVELOPMENT
587	TRAINING:SOFTWARE BUSINESS
589	TRAINING:STRESS MANAGEMENT
590	TRAINING:TECHNICAL SKILLS
592	TRANSCRIPTION SERVICES
594	TRANSPORT SERVICES GOODS
595	TRANSPORT SERVICES PASSENGERS
596	TRANSPORTATION SERVICES
597	TRAVEL AGENCY
598	TYRES & TUBES
599	UNIVERSITIES
600	UPHOLSTERERS
601	VALVE PRODUCTS
602	VEHICLES AUDIO & EQUIPMENT
603	VEHICLES BREAKAGE SERVICES - SPARES
604	VEHICLES HIRING
605	VEHICLES INDUSTRY
606	VEHICLES SECURITY & TRACKING SYSTEMS
607	VENDING MACHINES
608	VERIFICATION SERVICES PRODUCT
609	WAREHOUSING SERVICES
610	WASHROOM CLEANING CHEMICALS & EQUIPMENT
612	WATER PUMPS
613	WATER RETUCCILATION
614	WATERPROOFING CONTRACTORS
616	WEB PAGES & DESIGN
617	WEB SOLUTIONS DESIGN & MAINTANANCE
618	WELDING CONSULTANTS
619	WINDOW FITTING & GLASS
620	WIRE WORKS GENERAL (MESH/SCREENING)
621	WORKSHOP EQUIPMENT
622	WORKSHOP FACILITATIONS
623	WORKSHOP REQUISITES
624	WRITING ARTICLES & EDITORIALS
625	WRITING SERVICES

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