Part 3: Section 8 Special Conditions of Contract

Section 8: Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the
GCC

GCC clause Special Conditions

reference
Procurement Reference Number is: FP/OT/01/SC /2021
GCC 1.1(d) ‘Day’ and ‘Month’ mean respectively day and month calculated according to the Gregorian
Calendar.
The Buyer is: Sugar Corporation.
GCC 1.1(j) Hereinafter the Terms: ‘Sugar Corporation’, ‘the Purchaser’ and ‘the Buyer’ can be used
interchangeably.
GCC 1.1(n)
Hereinafter the term the ‘Supplier’ and ‘the Seller’ can be used interchangeably.

GCC 1.1 (o) The Sites are: not applicable

GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by International Chamber of
Commerce (ICC).
GCC 4.2 (b) The version of Incoterms shall be: Incoterms 2010.

GCC 5.1 The language shall be: English for Bids, all documents and correspondences relating to
this bid shall be in writing.
For notices, the Buyer address shall be:
Sugar Corporation
Procurement and Logistics.
Kasanches, Josef Tito Street
Near Development Bank of Ethiopia,
Ki-med University College plc 2nd Building,
4th Floor Room No. 402
GCC 8.1 P.O.Box 20034-1000
Tel: + 251 115-51 62 71/52 45 89
Fax: + 251 11 5 15 30 80
Web site: www.etsugar.gov.et,
Addis Ababa, Ethiopia

For notices, the Supplier’s/Seller’s address shall be:

Attention:
Street Address:
Floor/ Room number:
City:
Post Code:
Country:
Telephone:
Facsimile number:
Email address:
GCC 9.1 The governing law shall be: The Laws of Ethiopia.

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The rules of procedure for arbitration proceedings pursuant to GCC Clause 10.2 shall be as
follows:

Any dispute, controversy or claim arising out of or relating to this Contract, or breach,
GCC 10.2 termination or invalidity thereof, shall be settled by arbitration in accordance with
Ethiopian Chamber of Commerce rules of Arbitration as at present in force.

GCC 11.1 The scope of supply shall be defined in: Statement of Requirements.

The shipping and other documents to be furnished by the Supplier/Seller are:

For Goods to be supplied from abroad:
a) Three (3) Originals and Three (3) Copies of Bill of Lading marked “Freight Prepaid”
or “Paid at Destination”.
b) Eight (8) Originals and Four (4) Copies of Packing Lists identifying the contents of
GCC 12.1
each package.
c) Three (3) Originals Chamberized and Three (3) Copies of Commercial Invoice.
d) Two (2) Original and Two (2) Copies of Certificate of Country of Origin.
e) One (1) Original and One (1) Copy of Manufacturer or Supplier/Seller Certificate.
f) One (1) Original and One (1) Copy of Pre-shipment Inspection Certificate from
recognized Inspection Company for quality & quantity (CIQ if shipment is from china)
g) Factory Inspection Test Certificate for quality & quantity
h) Insurance Certificates (If the cost of Insurance is to be covered by the supplier/Seller)

The above documents shall be received by the buyer within Twenty One (21) days from the
date of issuance of the Bill of Lading before arrival of the Goods and, if not received, the
supplier/ the seller will be responsible for any consequent expenses.

The above documents shall be received by the buyer before arrival of the Goods at final
destination and, if not received, the supplier/seller will be responsible for any consequent
expenses.

Add the following Sub-Clauses to GCC Clause 12:

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The time of, or period for delivery of the Goods shall be as prescribed in Schedule of
GCC 12.2
Delivery.

The Supplier shall furnish to the purchaser, in writing, programmes of manufacture and
GCC 12.3 estimated readiness for delivery in such detail and at such times as may be prescribed in the
specifications.

For purpose of the Contract, “ EXW”, “FOB”/“FCA”, “CFR,”, “CPT”’, “CIF”, “CIP”,
“DAP” and other Trade Terms used to describe the obligations of the parties shall have
GCC 12.3 meanings assigned to them by the current edition of Incoterms, i.e., INCOTERMS 2010, the
international rules for the interpretation of the Trade Terms, published by the International
Chamber of Commerce(ICC).
GCC 15.2 The price charged for the goods delivered and the related services performed shall not be
adjustable.
Add the following Sub – Clause to GCC Clause 15:
GCC 15.3 The Supplier should indicate all prices related to the Goods with detailed breakdown of the
costs
The terms of payment shall be: Irrevocable Letter of Credit Deferral Payment letter of
credit for 12 months. Load port visit expense shall be quoted in USD too. Load port visit
expense should be covered by the seller & it is not part of sugar cost.In case,if it is not
used by the buyer,the seller shall transfer to the buyer’s bank account.
GCC 16.1 Payment for the contract shall be made in the following manner:

The currency for payments shall be:

1) Foreign Currency Portion:

For Goods and related services to be supplied from abroad by foreign supplier
Easily/Internationally Convertible Currency of any Eligible Country.
GCC 16.4
2) Local Currency Portion:
For Goods and related services to be supplied/rendered from within Ethiopia: Birr.
For goods supplied from outside the Federal Democratic Republic of Ethiopia, the Supplier
shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies
GCC 17.1
imposed outside the Federal Democratic Republic of Ethiopia.
For goods supplied from within the Federal Democratic Republic of Ethiopia, the Supplier
shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of
GCC 17.2
the contracted Goods to the Buyer.
GCC 17.4 No adjustment shall be made to the Contract Price to take into account any change in
taxes.
The amount of the Contract Security shall be:
 10% of the total contract price.
The currency shall be:

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 For Goods to be supplied from abroad by foreign supplier:
GCC 18.1  Easily/Internationally Convertible Currency of any Eligible country
 For Goods to be supplied from within Ethiopia: Birr.
The Supplier/the Seller shall, within Ten (10) days of the notification of contract award,
provide a contract security for the due performance of the Contract in the amount and
currency specified in this sub-clause.
GCC 18.3 The types of acceptable Contract Securities are: CPO or Unconditional Bank Guarantee in
original forms.

Discharge of Contract Security shall take place:

The performance security will be discharged by the buyer and returned to the supplier not
later than thirty (30) days after the completion of the supplier’s performance obligations
GCC 18.4
under the contract as well as the complete delivery of shortage or defective items noted on
delivery, including any warranty obligations specified in the Technical Specifications.
Replace Sub-Clause 21.1 by the following:

a) The Supplier shall not assign the contract to any other person.
GCC 21
b) The Supplier shall not, without the consent in writing of the Buyer, which shall not
be unreasonably withheld, sub-let the contract or any part thereof.

The Supplier shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destinations. The packing shall be
sufficient to withstand, without limitation, rough handling and exposure to extreme
temperatures, salt and precipitation, and open storage. Packing case size and weights shall
GCC 23.1 take into consideration, where appropriate, the remoteness of the Goods’ final destinations
and the absence of heavy handling facilities at all points in transit.
 Shall indicate the net and gross weigh and measurement of all the Goods that the
supplier/seller supplies and delivers under the bid.
 All the Goods shall be installed properly and/or stuffed in appropriate containers.
All packing containing the Goods, parts and accessories, and the shipping documents
should be plainly marked and addressed to the buyer as follows:

To: Sugar Corporation

Tel: +251 11 5 51 62 71/52 45 89
Fax:+251 11 5 15 30 80
P.O. Box 20034-1000
Addis Ababa, Ethiopia
via Djibouti Sea Port

FROM:
( SUPLER’S NAME AND ADDRESS shall also be indicted)

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The packing, marking, and documentation within and outside the packages shall such
requirements, of technical specifications, including additional requirements that shall be
expressly provided for in the contract and subsequent instructions given by the Buyer.The
supplier and its Agent shall jointly and severally be responsible for losses or damages in
GCC 23.2 bringing all the Goods from point of origin to final destinations and until all the Goods
are delivered to and accepted by the buyer.
The insurance coverage shall be as specified in the Incoterms.

GCC 24.1 The insurance coverage shall be in an amount equals to 110% of the FOB/FCA value of the
Goods from warehouse to warehouse on all risks basis, including War and Strikes risks if the
cost of insurance is to be covered by the supplier.
GCC 25.1 The supplier shall be responsible for transportation of the Goods to their respective final
destination(s), i.e., Djibouti port.
Inspections and tests will be conducted by the seller at the supplier/ manufacturing area
before shipment and after delivery at: site at the cost of the Supplier.
GCC 26.2
At no additional expense to the buyer, the supplier shall, upon delivery of the Goods and and have
an authorized representative to conduct operational test of the furnished goods in the presence of
the buyer at final destination.

Add the following New Sub-Clause to GCC Clause 26:

The buyer’s right to inspect, test and where necessary to reject the Goods after the Goods
arrival in the buyer’s country shall in no way be limited or waived by reason of the Goods
GGC 26.9
having previously been inspected, tested and passed by the Manufacturer or Inspector prior to
the Goods shipment from the Country of Origin.

GCC 27.1 The liquidated damage shall be: 0.1% or 1/1000 of the undelivered Contract Price of the
Goods per day.

GCC 27.1 The maximum amount of liquidated damages shall be: Ten percent (10%) of the final
Contract Price, which shall be deducted from the final contract price.
GCC 28.5 The repair or replace period will be: Within Thirty (30) days after the date of notification
of the Buyer unless otherwise specified in the contract.
GCC 30.1 The amount of aggregate liability shall be: Limited to the total Contract Price.
Any change in laws or regulations shall not result in any change to the Delivery Date or
GCC 31.1
the Contract Price.

Replace Sub-Clause 33.1(c) by the following:

Buyer may at any time change the place of delivery that stated in Section 6, Statement of
GCC 33 Requirements, through notice without informing bidders of the grounds for the Buyer’s
action.

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