PURCHASE CONTRACT MINISTRY OF ROAD AND HIGHWAY AUTHORITY -

GHANA

PROGRAMME FOR THE

PURCHASE OF IRON RODS

FOR CONSTRUCTION OF
ROADS AND HIGHWAYS IN

GHANA

MINISTRY OF ROAD AND

HIGHWAYS AUTHORITY - GHANA

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PURCHASE CONTRACT MINISTRY OF ROAD AND HIGHWAY AUTHORITY -
GHANA

PROGRAMME FOR THE PURCHASE OF

IRON RODS FOR CONSTRUCTION OF ROADS AND
RAILSWAY IN GHANA
MINISTRY OF ROADS AND HIGHWAY AUTHORITY –
GHANA

AND

…………… ……………

No …… GEE/HQ/HRHD/SEC/31……. /2023

INTRODUCTION --------------------------------------------------------------------------------3

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Article 1: --------------------------------------------------------------------------------------4

Article 2: --------------------------------------------------------------------------------------5

Article 3: --------------------------------------------------------------------------------------5 Article 4:

------------------------------------------------------------------------------------- 5

Article 5: --------------------------------------------------------------------------------------6

Article 6: --------------------------------------------------------------------------------------7

Article 7: --------------------------------------------------------------------------------------7

Article 8: ------------------------------------------------------------------------------------- 8

Article 9: GENERAL PROVISIONS --------------------------------------------------------------- 9

ANNEXE I: Quantitative Quotation -------------------------------------------------------------- 13

ANNEXE IV: Purchase Order -------------------------------------------------------------------14

ANNEXE IIII: Invoice -------------------------------------------------------------------------- 15

INTRODUCTION

The Ministry of Roads & Highways has the mandate of policy formulation, sector coordination and oversight,
sector performance monitoring and evaluation in the broad areas of Road Infrastructure Development and
Maintenance, Road Maintenance Financing and Training/Capacity Building.

The Ghana Highway Authority (GHA) was established under the National Redemption Council Decree (NRCD
298) of December 1974 with responsibility for the administration, control, development, and maintenance of all
public highways and related facilities in Ghana. Act 540 repealed NRCD 298 and continued the existence of the
Ghana Highway Authority to ensure the effective and efficient management of trunk roads and related matters.

The Department of Urban Roads was established in 1988 under the Ministry of Roads and Highways and had the
mandate to set up Road Units in the Municipal and Metropolitan Assemblies and supported them to construct,
maintain and manage traffic on the urban network before the passage of L.I 1961.

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The Department is established under the Ministry of Roads and Highways and had the mandate to develop and
maintain Road Units in the District and Municipal Assemblies before the passage of L.I 1961.

The department is currently operating in almost all Municipal and District Assemblies nationwide.

Vision - Our vision is to become an inter connected country, to further boost our economy via roads and highways
to expand and elevate public suffering.

Referred to in the following as << BUYER>>

And,

The company -------- registered with the RC under No. ________ Located at _______________ and represented
by Mr.--------- acting as CEO - having all the powers to the effect of this contract.

Referred to in the following as <<SUPPLIER>>

It was agreed and agreed as follows: - Article 1: -

Purpose of the Purchase Contract

The purpose of this purchase contract is to define the conditions under which the BUYER undertakes to purchase
from the SUPPLIER the quantities of Iron Rods/6mm – 12mm – 14mm – 16mm manufactured by the
SUPPLIER in accordance with the specifications provided by us the BUYER and also references listed, and this
as part of a distribution operation to cover Road Construction in Ghana.

This contract follows:

- BUYER’S purchase order No. _____GH-ASL125-80_______

Article 2: The list of Products

N Designation Size Unit Quantity Unit Price Price in EUR

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01 Iron Rod 6mm 6mm Metric ton 200,000

02 03 Iron Rod 12mm 12mm Metric ton 123,000
04 Iron Rod 14mm 14mm Metric ton 200,000
Iron Rod 16mm 16mm Metric ton 200,000

AMOUNT IN EURO

Article 3: Amount of the contract

The price decided after the negotiation between the BUYER and the SUPPLIER is ------ EUROS,

in letter -------------------------------------------------------------- euros only.

Article 4: Payment conditions

4.1 – Products payment method

Payment for the products covered by the supply contract will be paid:

Upon signed contract, issued proforma invoice 30% TT upfront payment and balance payment upon each delivery
made

4.2 Choice of Intermediate bank

All bank transactions must be carried out via a European intermediate bank, selected by mutual agreement
between the BUYER and the SUPPLIER.

Article 5: Administrative document

As soon as the equipment is loaded, the SUPPLIER will send to the buyer

- By Banking channel, the following documents (to be negotiated)

1. (08) Originals of the signed and stamped commercial invoice bearing: the acquisition amount CFR
price, the transport costs and the cost in EURO:

2. Original bill of lading;

3. Copies of quality and control certificate
4. Originals of the Certificate of Conformity
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5. Packing list with weight note in two (02) copies

6. Copies of Certificate of Origin endorsed by the Chamber of Commerce
7. SGS inspection reports

Article 5: Delivery 5.1 – Technical Documentation

- A technical sheet highlighting the complete composition of the products or complete spec sheet as per
BUYER’S request.
- A complete catalog of products with recommendations for good uses to optimize the life languor of the
IRON RODS 6MM/12MM/14MM/16MM.
5.2 – Packaging
The SUPPLIER undertakes to supply the products in packaging in accordance with the nature of the latter
and which may bear any risk inherent in the mode of transport used.

The marking of packaging must comply with national and international standards and contain the following
information:
- The references of the contract;
- The name and address of the SUPPLIER
- The name and address of the BUYER;

All these indications must be readable and permanent on the face of the packaging.

5.3 – Delivery Schedule: (see annex III)

Requested Production Production / Container Container Container

Per Month
Production Quantity / Per day / Day / Month / Year

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5.4 – Place of Delivery

Delivery is made according to incoterms 2020 rules in CFR port of TEMA SEAPORT - GHANA

Article 6: - Technical Warranty

6.1 – Purpose of the Warranty:

The SUPPLIER guarantees the products, as well as the elements that compose it against any manufacturing defect.

6.2 – Warranty period:

The warranty period is set at _____ years from the date of delivery

6.3 – Warranty conditions:

The SUPPLIER guarantees the replacement of the products, or the refund if manufacturing defects or if the
damage compensated before the loading of the products.

Article 7: Delay penalties

If for any reason, except in cases of force majeure, the SUPPLIER has not delivered the products within the agreed
deadlines, the BUYER may demand the payment of delay of payment penalties.

The calculation of its penalties will be based on an interest rate of 0.5% of the amount of the invoice per week of
late delivery.

However, a grace period of one (01) month from the scheduled delivery date will be granted to the SUPPLIER to
compensate for delays in delivery during the said period, delay penalties will not be applied to it; these may not
exceed 5% of the order.

Article 8: Legal Provision

8.1 – Force Majeure

In the event that one of the contracting parties is totally or partially unable to perform one of its obligations under
this supply contract, following a case of force majeure, it must inform the other party as soon as possible by
registered letter with acknowledgment of receipt, and no later than eight
(08) days from the occurrence of the case of force majeure.

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Are considered cases of force majeure, any unforeseeable event, irresistible and beyond the control of one or the
other party, having the consequence of delaying or preventing totally or partially the performance of the obligation
of the parties without them having been reasonably controlled or avoided.

In any case, the party concerned must take, in agreement with the other party, all necessary measures to ensure the
normal resumption of the performance of the obligations affected by the case of force majeure.

8.2 – Applicable Law

For the interpretation and execution of this products purchase contract, the applicable laws are those provided for
by the legislation in force on the date of signature of this contract

8.3 – Dispute Resolution

Disputes and discrepancies that may result from the interpretation or execution of this contract and that could not
have been settled amicably between the two parties will be decided by the court of place of establishment of
factory.

8.4 – Termination

In case of total or partial non-performance of any of the obligations of this contract by one of the parties, the other
party shall have the right to terminate this supply contract, without prejudice to any damages it may be entitled to
demand.

However, this termination may only take place at the end of a period of twenty (20) days following a formal notice of
execution remained unsuccessful

8.5 – Amendment

Any additional clauses or possible modifications of this contract must be formulated by means of an amendment.

Article 9: GENERAL PRVISIONS

9.1 – Assignment

The rights and obligations of this contract may not be assigned or transferred by either party without the prior authorization
of the other party.

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9.2 – Notification

Any notification, formal notice or notice must be made or given in writing (telex, fax or registered letter with
acknowledgment of receipt).

Any notification sent to the BUYER by the SUPPLIER must be sent to the following address:

(Supplier Company) EURL ANEB EXPORT

(Supplier Address) ______________

Any notification sent to the SUPPLIER by the BUYER must be sent to the following address:

MINISTRY OF ROADS AND HIGHWAYS AUTHORITY, P.O. BOX M.57, MINISTRIES. ACCRA - GHANA.

9.3 Bank Domiciliation SUPPLIER:

ACCOUNT NAME: --------------------------

BANK: -------------------------------------

BANK ADDRESS: ---------------------------------

ACCOUNT NUMBER: -----------------------------

IBAN: ------------------------------------------

SWIFT: -------------------------

BUYER:

BANK NAME: ACCESS BANK GHANA LIMITED

BANK ADDRESS: CASTLE ROAD OSU ACCRA-GHANA BANK BRANCH: OSU BRANCH
ACCOUNT NAME: MINISTRY OF INTERIOR GHANA
ACCOUNT NUMBER: 0090100930941
BANK OFFICER NAME: MR EUGENE DARKU
SWIFT CODE: ABNGGHAC

9.4 – Coming into effect

This purchase contract will come to effect upon completion of the following formalities:
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- Signature of both parties

- Notification of the SUPPLIER

- 15. 08. 2023

For SUPPLIER For THE BUYER

REMARKS: -

1. Method of payment – Bank transfer/ 30% TT upfront and balance payment made as per each delivery.
2. Proforma invoice for order confirmation only, not for customs clearance

Beneficiary name and details:

ACCOUNT NAME: ----------------------------

BANK: -------------------------------------

BANK ADDRESS: -------------------------------

ACCOUNT NUMBER: -----------------------------------

IBAN: --------------------------------------------------

SWIFT: --------------------------------------------------------

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ANNEXE I:

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ANNEXE II: Purchase order ANNEXE III: Invoice

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