Eren un yem a.Ş Ankara yolu, km ballica mevki 18100, Çankiri, turkey tel: 0090-376 218 11 44, Fax : +90 376 218 14 61
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The Contractor must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He shall refrain from making public statements about the project or services without the Contracting Authority's prior approval. He may not commit the Contracting Authority in any way without its prior written consent.For the duration of the contract the Contractor and his staff shall respect human rights and undertake not to offend the political, cultural and religious mores of the beneficiary state.The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority.The Contractor and his staff shall be obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor shall be confidential.The contract shall govern the Contracting Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract.The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the Contracting Authority may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation.The Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process and if the Contracting Authority fails to take all appropriate measures to remedy the situation. For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Contracting Authority.All tenders will be rejected or contracts terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses.Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company.The Contractor undertakes to supply the Commission on request with all supporting documents relating to the conditions of the contract's execution. The Commission may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses.Contractors found to have paid unusual commercial expenses on projects funded by the Community are liable, depending on the seriousness of the facts observed, to have their contracts terminated or to be permanently excluded from receiving Community funds.Cancellation of the tender procedureIn the event of a tender procedure's cancellation, tenderers will be notified by the Contracting Authority. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers. Cancellation may occur where:
In no circumstances will the Contracting Authority be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a tender, even if the Contracting Authority has been advised of the possibility of damages. The publication of a procurement notice does not commit the Contracting Authority to implement the programme or project announced.
DRAFT CONTRACTEREN UN YEM A.Ş, ("The Contracting Authority"), ANKARA YOLU, 4. KM BALLICA MEVKİ 18100, ÇANKIRI, TURKEY of the one part, and
[Legal status/title]2 [Official registration number]3 [Full official address] [VAT number]4, (“the Contractor”) of the other part, have agreed as follows:
Lot-1: Manufacturing of raw material silos,Lot-2: Electrical and Automation System of Flour Factory and Electrical and Automation System of Animal Food Factory.Lot-3: Laboratory equipmentThe place of acceptance of the supplies shall be EREN UN YEM A.Ş, ANKARA YOLU, 4. KM BALLICA MEVKİ, 18100, ÇANKIRI, TURKEY, the time limits for delivery shall be 4 months after contract signature and the Incoterm applicable shall be DDP5. The implementation period shall run from the date of signature of the contract to the date for provisional acceptance. 1.2 The Contractor shall comply strictly with the terms of the Special Conditions and the technical annex including any changes under the proposed variant. 1.3 N.A. Article 2 Origin The supplies must originate in the European Community or a country that is a beneficiary of the programme “The European Union’s National Pre-Accession Financial Assistance Programme for Turkey 2003”. A certificate of origin for the supplies must be provided by the Contractor at the latest when he requests provisional acceptance of the supplies. Failure to comply with this condition may result in the termination of the contract. The origin of the goods shall be determined according to the Community Customs Code or the international agreements to which the country concerned is a signatory.
The contract is made up of the following documents, in order of precedence:
The various documents making up the contract shall be deemed to be mutually explanatory; in cases of ambiguity or divergence, they should be read in the order in which they appear above. Done in English in three originals, two originals being for the Contracting Authority and one original being for the Contractor.
SPECIAL CONDITIONS These conditions amplify and supplement, if necessary, the General Conditions governing the contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. In exceptional cases, and with the authorisation of the competent Commission departments, other clauses may be introduced to cover specific situations. Article 2 Law applicable2.1 Turkish law shall apply in all matters not covered by the provisions of the contract. 2.2 The language used shall be English. Article 4 CommunicationsAny written communication relating to this Contract between the Contracting Authority and/or the Project Manager, on the one hand, and the Contractor on the other must state the Contract title and identification number, and must be sent by post, fax or by hand to the following addresses: For the Contracting Authority:
For the Contractor:
Article 9 The Contractor's obligations9.6. Any supplies or equipment delivered under this contract must visibly carry the EU logo and state “Provided with the support of the EU” in English and Turkish. Article 11 Performance guaranteeThe amount of the performance guarantee shall be 10% of the Contract Value. Article 12 InsuranceThe Contractor will be fully responsible for all the goods supplied until the provisional acceptance has been signed. All insurance costs including transportation will be born by the contractor until the provisional acceptance without prejudice to article 29.7 of the General Conditions. Article 13 Implementation programme (timetable)The delivery, installation, putting into operation and testing of the supplies must be completed within 10 weeks starting from the date of signing the Contract by both parties, at the locations specified in the Technical Specifications. The contractor must submit its best delivery and execution schedule within two weeks of the contract signature. Final acceptance shall take place after formal request of the contractor following expiration of the 12 months Warranty period for all of the contracted items, lot by lot, and shall be pronounced upon the condition that the supplies provided are found in full working order. Article 14 Contractor's drawingsMachines catalogs will be given by the contractor. Article 18 Commencement order18.1 The commencement date for performance of the contract shall be the date on which the contract is signed by both parties. Article 19 Period of Implementation19.1 The period of execution of the tasks is 4 months for the delivery, installation, putting into operation and testing of supply from the signature of the contact by both parties until the provisional acceptance; and the following 12 months for the warranty from the issuance of the provisional acceptance. Provisional acceptance shall take place within 10 calendar days upon the submission of the request for provisional acceptance by the contractor. Article 22 VariationsThe Contracting Authority reserves the right, to vary the quantities specified for lot No 1 at the time of contracting and during the validity of the contract within a range of +/- 100%. The total value of the supplies may not rise or fall as a result of the variation in the quantities by more than 25% of the contract price. The unit prices used in the tender shall be applicable to the quantities procured under the variation. Article 26 Methods of payment26.1 Payments shall be made in euro Payments shall be authorised and made by EREN UN YEM A.Ş . In order to obtain payments, the Contractor must forward to the authority referred to in paragraph 26.1 above:
Article 29 Delivery29.1 The Contractor shall bear all risks relating to the goods until provisional acceptance at destination. The supplies shall be packaged so as to prevent their damage or deterioration in transit to their destination. 29.3 The packaging shall remain the property of the Contractor subject to respect for the environment Article 31 Provisional acceptanceWithout prejudice to Article 31 of the General Conditions, Article-25 of the Special Conditions and the Technical Specifications, provisional acceptance shall be delivered by the Beneficiary within 10 calendar days upon the submission of the request for provisional acceptance by the contractor after delivery, installation, putting into operation, inspection and testing of all goods at the places of the contracting authority. The Contractor may apply, by notice to the Project Manager, for a certificate of provisional acceptance when supplies are ready for provisional acceptance. Provisional Acceptance Certificate will be issued formally by the Contracting Authority. Article 32 WarrantyThe Contractor shall warrant that the supplies are new, unused, of the most recent models and incorporate all recent improvements in design and materials. The Contractor shall further warrant that none of the supplies have any defect arising from design, materials or workmanship. This warranty shall remain valid for maximum one year after provisional acceptance. Article 40 Amicable settlement of disputes40.2 The Parties may agree to request the CFCU to initiate a conciliation. The CFCU in Ankara, Turkey is responsible for the conciliation. Article 41 Dispute settlement by litigationAny dispute between the Parties that may arise during the execution of this contract and that it has not been possible to settle otherwise between the Parties shall be submitted to Turkish courts in accordance with the national law of the Contracting Authority. ANNEX I: GENERAL CONDITIONS FOR SUPPLY CONTRACTS FOR EUROPEAN COMMUNITY EXTERNAL ACTIONS | ||||||||||||||||||||||||||||||||||||||||||