AN ESKOM HOLDINGS
LIMITED
STANDARD CONDITION
OF CONTRACT
JANUARY 2004
SECOND REVISION
THE
SUPPLY
CONTRACT
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
FORM OF AGREEMENT
THE SUPPLY CONTRACT
A contract between
ESKOM HOLDINGS LIMITED (REG NO:2002/015527/06) A JURISTIC PERSON
INCORPORATED IN TERMS OF THE COMPANY LAWS OF THE REPUBLIC OF
SOUTH AFRICA, WITH ITS REGISTERED OFFICE AT MEGAWATT PARK,
MAXWELL DRIVE, SANDTON.
and
for The Supply and Delivery of Electrical Spares to Hendrina Power
Station for a period of 3 Years
Contents
Page
Contract Forms
Form of Agreement
Contract Data provided by the Purchaser
Contract Data provided by the Supplier
Price List and Pro Forma Batch Order
Goods Information
Conditions of Contract
This contract contains copyright material from the New Engineering Contract system. The copyright material has been reproduced under license from the
copyright holder, the Institution of Civil Engineers (London), and may not be reproduced other than in this document without the permission of the
copyright holder’s agent, Publishing Director, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD. Telephone + 44 20 7987 6999, Fax + 44 20 7538
4101.
Notes about this contract are printed in boxes like this one. They are not part of the contract.
Eskom Holdings Limited Reg No 2002/015527/06
Second Revision
Page 2
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
FORM OF AGREEMENT
Form of Agreement
1
In this Agreement, terms in italics are identified in the Contract Data and defined terms which
have capital initials have the meaning given to them in the Eskom Holdings Limited Supply
Contract 2nd Revision January 2004.
2
The Parties to this Agreement are the Purchaser and the Supplier as identified in the Contract
Data.
3
It is recorded that the Parties have entered into an agreement as evidenced by the Purchaser’s
Acceptance dated ______________ (the Contract Date).
4
It is further recorded that the Parties will appoint the Adjudicator as stated in the Contract data
Part 1 number 1 General if required.
5
This contract between the Parties comprises these Contract Forms which include




The Agreement
Contract Data, Parts 1 and 2
Price List
Goods Information (including drawings)
the Eskom Holdings Limited Supply Contract 2nd Revision January 2004 , and all the
documents, or parts of documents appended to or referred to by any of these documents.
6
The Supplier undertakes to fulfil the Supplier’s obligations in terms of this contract and in
particular as stated in core clause section two of the conditions of contract.
7
The Purchaser undertakes to fulfil the Purchaser’s obligations in terms of this contract and in
particular to pay to the Supplier the amount due in accordance with the conditions of contract.
Signed at
on behalf of
(the Purchaser)
on this
day of
(year)
in the presence of the undersigned witnesses, by:
Name (Please print name)
Signature:
who is duly authorised to sign in his capacity as _________
Second Revision
Page 3
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
FORM OF AGREEMENT
Form of Agreement (continued)
Witnesses
1
Name (Please print)
Signature:
2
Name (Please print)
Signature:
**********
Signed at
on behalf of
(the Supplier)
on this
day of
(year)
in the presence of the undersigned witnesses, by:
Name (Please print name)
Signature:
Who is duly authorised to sign in his capacity as
Witnesses
1
Name (Please print)
Signature:
2
Name (Please print)
Signature:
Second Revision
Page 4
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
Contract Data
Part one - Data provided by the Purchaser
Statements given in all contracts
1
General
The conditions of contract are the core clauses and the clauses for main option A,
G, and secondary options X8,X11, & X12 of The Eskom Holdings Limited
Supply Contract, 2nd Revision January 2004 attached to this Contract Data.
The goods are The supply and delivery of electrical spares to Hendrina Power
Station for a period of 3 years
The Purchaser is
Name
Eskom Holdings Limited (reg no:2002/015527/06) a juristic person
incorporated in terms of the Company Laws of the Republic of South
Africa, with its registered office at Megawatt Park, Maxwell Drive,
Sandton.
The Adjudicator
Will be mutually agreed on by both Parties, and be appointed from the approved
Eskom’s panel of Adjudicators, once a dispute arises.
The Goods Information is in the document called “Goods Information” and in the
documents and drawings referred to by it.
The language of this contract is English.
The law of the contract is the law of the Republic of South Africa subject to the
jurisdiction of the courts of the Republic of South Africa.
The period for reply to a communication is 3 DAYS
2
The Parties main responsibilities
The Supplier provides the following additional documentation at the time of
delivery:
3
1
Detailed tax invoice, clearly showing Eskom Holdings soc Limited’s
VAT (4740101508) and Company Registration Number
(2002/015527/06).
2
Delivery notes
Time
The starting date
Second Revision
Page 5
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
The delivery date is stated in the data for the selected main option
4
Testing and Defects
The warranty period is 52 weeks after Delivery.
The defect correction period is 3 days after notification
5
Payment
The method and conditions of payment are:
Payment within 4 weeks of delivery
The interest on late payment is 0 %
The currency of this contract is ZAR
6
Compensation events
If there are additional compensation events
These are additional compensation events:
1
N/A
2
N/A
If the Supplier’s title to the goods does not pass to the Purchaser the same time as
when the risk of loss and damage to the goods are transferred to the Purchaser
7
The Supplier’s title to the goods passes to the Purchaser on delivery
8
Liabilities indemnities and insurance
The Supplier is not liable to the Purchaser for loss of or damage to the Purchaser's
property for any amount in excess of : Replacement value
The Supplier's liability to the Purchaser arising after the end of the warranty period
and after low performance and delay damages due have been paid (subject to the
exceptions) is limited to: Replacement value
The period from the end of the warranty period after which the Supplier has no
further liability to the Purchaser is N/A
The amount of cover for the replacement of Materials provided by the Purchaser is
Replacement value
NOTE (delete this note and its box once complied with) For the Optional statements which follow, first delete
those which are not to be used, then delete the “If …. ” heading for those which are to be used.
Second Revision
Page 6
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
If the Supplier is to provide additional insurances
The Supplier provides these additional insurances
1
Insurance against: N/A
The cover is N/A
2
Insurance against N/A
The cover is N/A
9
Termination and disputes
The tribunal is Arbitrator appointed in terms of the Arbitration Foundation of
Southern Africa (AFSA) rules.
If the tribunal is arbitration
The arbitration procedure is in accordance with the AFSA rules.
Statements for selected option clauses
Option A:
If the Terms of Delivery require delivery to the final destination, the final
destination is HENDRINA POWER STATION
The delivery date is:
delivery date
AS PER BATCH ORDER
Option G:
If the Terms of Delivery require delivery to the final destination, the final
destination is stated on each Batch Order.
The delivery date is stated in each Batch Order
The end date is 2016
Option X8
Delay damages are 0.05 per day similar to CS
Second Revision
Page 7
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
Option X11
The Purchaser's Representative is
Name
Address
Dennis Lukhozi
Impala Street Pullenshope 1096
E-mail:Dennis.lukhozi@eskom.co.za
Tel No. 013 296 3760
Fax No. 013 296 3887
E mail: Dennis.lukhozi@eskom.co.za
The authority of the Purchaser's Representative is to carry out all the actions of
the Purchaser in this contract with the exception of those required by clauses
51.1 and 81.1.
Option X12
The Supplier is to submit a first programme for acceptance within __________
weeks of the Contract Date.
The Supplier submits revised programmes at intervals no longer than _______
weeks.
Option Z
The Purchaser’s VAT Registration Number is 4740101508
The additional conditions of contract are:
Second Revision
Page 8
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
Z1
Cession and Delegation of
Rights and liabilities
CONTRACT DATA
Z1.1. Neither party hereto may cede and delegate any of its rights and
obligations (including liabilities) under this Agreement to any person
without the written consent of the other.
Z1.2
Notwithstanding the above, the Purchaser may on written
notice to the other party cede and delegate its rights and obligations
under this agreement to any of its subsidiaries or any of its present
divisions or operations which may be converted into separate legal
entities as a result of the restructuring of the Electricity Supply
Industry and the Electricity Distribution Industry.
Z2
Health and Safety
Z2.1 In carrying out his obligation as the mandatory to the Purchaser
for this contract in terms of Section 37(2) of the Occupational Health
& Safety Act No. 85 of 1993, the Supplier ensures that he complies
with the Act when Providing the Works or using Plant, Materials or
Equipment. The Supplier indemnifies the Purchaser against loss and
damage to property, death of, or injury to, a person and claims,
proceedings, compensation and costs arising from the Supplier’s
transgression of the Act, except to the extent that the Purchaser caused
the transgression.
Z3
Environment
Z3.1 The Supplier ensures that all goods, services and works supplied
in terms of this contract conform to all applicable environmental
legislation and to the Purchaser’s environmental specifications.
People
Z4.1 The Purchaser may, having stated his reason, instruct the
Supplier to remove an employee. The Supplier then arranges that, after
one day, the employee has no further connection with the work
included in this contract
Z4
Z5.1 The Purchaser is committed to the highest standard of ethical
behavior and expects the same from all Suppliers.
Z5
Ethics
Z6
Tax Invoice
The Supplier ensures that the requirement in terms of Section 20(4)(C)
of the Value Added Tax Act, no 89 of 1991 (as amended by the
Revenue Laws Amendment Act 45 of 2003), that the VAT registration
number of the recipient of the tax invoice, appears on the said tax
invoice in order for the invoice to fully comply with the requirements
of a valid invoice for VAT purposes as contained in the said Section
20(4)(C), is adhered to. The Purchaser requires adherence by the
Supplier to this requirement as from 1 June 2004. No payment will be
made on tax invoices not fully meeting the requirement
_________________________________________
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Page 9
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
Contract Data
Part two - Data provided by the Supplier
Statements given in all contracts
1
General
The Supplier is
Name
Address
________________________________________________________
________________________________________________________
a company / close corporation / partnership duly incorporated in accordance with
the laws of the Republic of ______________________ (delete complete as applicable)
Tel :_____________________________ Fax: ____________________________
Supplier’s Contact Person: ____________________________________________
Tel :_____________________________ Fax: ____________________________
The key people are
(1) Name
Job
Responsibilities
Tel :
e-mail:
_________________________________________________
_________________________________________________
_________________________________________________
______________________ Fax :______________________
_________________________________________________
(2) Name
Job
Responsibilities
_________________________________________________
_________________________________________________
_________________________________________________
(add further names as required)
6
Compensation events
If a compensation event affects the goods and ancillary services provided by the
Supplier, the percentage for overheads and profit added to the Supplier's payments
for people is: _______________%, and
for Materials, Equipment and work done by Subcontractors is: _______%
If the Supplier is to provide Goods Information
The Supplier's Goods Information is in ____________________________
The Terms of Delivery are:
Second Revision
Page 10
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CONTRACT DATA
Term abbreviation: DCI Location: Hendrina Power Station
NOTE The Terms of Delivery will be selected from the latest version of INCOTERMS published by
the International Chamber of Commerce in Paris. This determines each Party's costs, risks and
insurance requirements incidental to the delivery from Supplier to Purchaser. There are four
groupings of Incoterms (2000), thus:
Group
Category
Term abbreviations
E
departure
EXW
F
main carriage unpaid
FCA, FAS, FOB
C
main carriage paid
CFR, CIF, CPT, CIP
D
arrival
DAF, DES, DEQ, DDU, DDP
NOTE (delete this note and its box once complied with)
For the optional statements, which follow, delete those which are not to be used.
Option A
The Price List is in ________________________________
The tendered total of the Prices is ______________________ (excluding VAT) (in
words) ________________________________________________
If the Supplier is to decide the delivery date for the whole of the goods
The delivery date for the whole of the goods is_______________
Option X5
The proportions used to calculate the Price Adjustment Factor are (Form CPA (IG) and/or
CPA (G) must be completed in more detail)
Proportion
0.
0.
0.
0.
1.
linked to the index for
prepared by
non - adjustable
00
The base date for indices is ________________________
Option X12
If a programme is to be identified in the Contract Data
The programme identified in the Contract Data is ______________________
Second Revision
Page 11
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Item List
Use the following Item List to complete the Price List.
GATEKEEPER: SUPPLIERS ARE REQUESTED TO QUOTE ON ALL ITEMS
Description
Qty
Unit Price
1600A Rose IR 6/25 Contact Sets For Sace ACB P/N UXAB309699160
18
18
18
21
72
72
72
31
31
31
31
31
31
31
43
43
43
43
43
43
43
3 Wire dc Sensor Interface Relay Module Rhomberg SC 314 220v ac SPDT
800A Rose IR 6/25 contact sets for Sace ACB P/N UXAB309699159
Acetone Fluid 1liter
Adaptor Plate For Samite CB P/N QAQF
Adaptors 16X16 With Lock Nut For Adaptorflex Conduit
Adaptors 16X20 With Lock Nut For Adaptorflex Conduit
Amp Meter 75x75mm 1ma 0-3a
Amp Meter 75x75mm 25.33ma 0-4a
Amp Meter 75x75mm 60/1 Overscale 90
Amp Meter 95x95mm 1/1a 0-1a Overcsale 6a
Amp Meter 95x95mm 15/1a 0-15a Overscale 30
Amp Meter 95x95mm 1600/1a 1-1600a Overscale 3200
Amp Meter 95x95mm 2000/1a 0-2000 Overscale 6000
Amp Meter 95x95mm 250/5a 0-250a Overscale 750
Amp Meter 95x95mm 30/1a 0-60a
Amp Meter 95x95mm 300/1a 0-300a Overscale 600
Amp Meter 95x95mm 40/1a 0-40a Overscale 80
Amp Meter 95x95mm 400/1a 0-400a Overscale 800
Amp Meter 95x95mm 4ma/20ma 0-250a
Amp Meter 95x95mm 60/1 Overscale 90
Second Revision
Page 12
Total Price
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Amp Meter 95x95mm 75/1a 0-75a Overscale 150
43
43
434
12
12
12
12
12
12
12
12
12
12
12
12
36
36
22
22
22
22
22
44
44
22
54
54
54
22
Amp Meters 75x75mm 0-100a Overscale to 200A
Amp Meters 75x75mm 25.33a 0-40a
Asco Solinoid V/V 3/8 T01 SCE238A005115A
ATV31HU55N4A 400VAC 3KW VSD Telemecanique
Auxillary Contact Block AEG 120-660v HS7K.10
Auxillary Contact Blocks SH04
Auxillary Contact Blocks For Contactors Allen Bradley CAB6-P
Auxillary Contact Blocks For Contactors G E
SFAL11N
Auxillary Contact Blocks For Contactors Klockler Moeller NHL11-PKZ2
Auxillary Contact Blocks For Contactors Siemens 3TY7561-1AA0
Auxillary Contact Blocks For Contactors Siemens 3TY7561-1B/1AA0
Auxillary Contact Blocks For Contactors Telemecanique LA1EN02
Auxillary Contact Blocks For Contactors Telemecanique LA1EN11
Auxillary Contact Blocks For Contactors Telemecanique LA8DN11
Ballast EXE1 Type EG258 Fitting Nordland
Ballast 125W
Balluf Magnet P/N BTL5-F-2814-1S
Balluf Right Angle Plug P/N BKS-S-33M-00
Battery 1,5 V Duracll AA MN1500
Battery 1,5 V Duracll AAA MN2400
Battery 9V Duracell mn1604
Bell Transformer 4-8-12v ac
Blanking Plugs Metal PG21 Harting
Block CS 5S 5A 12WAY Connector PVC
Bowl For 6 Inch Bathroom Light Glass
Bowl For 8 Inch Bathroom Light Glass
Bowl Fitting ABB Deep Thread For 8 Inch Bathroom Light Glass
Braso Per 250ml
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Page 13
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Bridge Rectifier VGB 0124AY 7AB380-340-1 ABB Type
12
12
12
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
3000
3000
2000
2000
2000
2000
2000
2000
Bridge Rectifier 25A PN KBPC2510
Brush L 11 Inserts Gold Shore Turbomachinery inc.
Cable PVC Armoured 16mmx2core 600-1KV
Cable PVC Armoured 16mmx3core 600-1KV
Cable PVC Armoured 16mmx4core 600-1KV
Cable PVC Armoured 2.5mmx19 core 600-1KV
Cable PVC Armoured 2.5mmx2core 600-1KV
Cable PVC Armoured 2.5mmx3core 600-1KV
Cable PVC Armoured 25mmx2core 600-1KV
Cable PVC Armoured 25mmx3core 600-1KV
Cable PVC Armoured 35mmx3core 600-1KV
Cable PVC Armoured 35mmx4core 600-1KV
Cable PVC Armoured 4mmx3core 600-1KV
Cable PVC Armoured 6mmx2core 600-1KV
Cable PVC Armoured 6mmx3core 600-1KV
Cable PVC Armoured 6mmx4core 600-1KV
Cable PVC Armoured 95mmx4core
Cable PVC Armoured 95mmx3core
Cable PVC Armoured 185mmx4core High Volage
Cable PVC Armoured 120mmx3core High Volage
Cable PVC Armoured 150mmx3core High Volage
Cable PVC Armoured 150mmx4core High Volage
Cable Surfex 2.5mm 2core + Earth Round 100 mts Coil
Cable Surfex 2.5mm 3core + Earth Round 100 mts Coil
Cable Surfex 4mm 2 core + Earth Round 100 mts Coil
Cable Surfex 4mm 3 core + Earth Round 100 mts Coil
Cable Surfex 6mm 2 core + Earth Round 100 mts Coil
Cable Surfex 6mm 3 core + Earth Round 100 mts Coil
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Page 14
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Cable Ties T18R 104X2.5MM
77
77
77
36
36
36
22
22
22
36
36
75
75
75
22
26
55
55
55
55
36
36
36
36
36
54
54
54
36
Cable Ties T30R 150X3.5MM
Cable Ties LK5 19MMX540MM Long
Cable Trailing 16mm x 3 core H O7
Cable Trailing 16mm x 4 core H 07
Cable Trailing 2.5mm x 3 core H 07
Cable Trailing 2.5mm x 4 core H 07
Cable Trailing 4mm x 3 core H 07
Cable Trailing 4mm x 4 core H 07
Cable Trailing 6mm x 3 core H 07
Cable Trailing 6mm x 4 core H 07
Capacitor AF 01-17 8MF 10% 250 V
Capacitor AF25-10 25UF 230V 10% 2 Wire For Lights
Capacitor Arcotronics MKP C.4C 0.47Micr Farad +/- 5% UN=1220vn URMS=500vn
CEAG 220v NLLK 980 18/8 Light Fitting Exe 2x58w
Circuit Breaker 200A J255N 25KA 400V
Circuit Breaker ABB 690v SACE 521r160
Circuit Breaker AEG 230v 5H04
Circuit Breaker CBI 525v J25S
Circuit Breaker Fuchs 400-525v F15D
Circuit Breaker G E 690v GP51BHAH
Circuit Breaker G E 690v GP51BHAP
Circuit Breaker Klockner Moeller 100A NZM6-100
Circuit Breaker Klockner Moeller 600v PKZ2
Circuit Breaker Merlin & Gerlin 230-575v NS400NA
Circuit Breaker Merlin & Gerlin 230-690v NS160N
Circuit Breaker Siemens 1000v 3VF365KA
Circuit Breaker Siemens 80 AMP 380-525v 3VF3691-1FQ42
Circuit Breaker Siemens 160AMP 380-525v 3VF3791-OFW42
Second Revision
Page 15
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Circuit Breaker Siemens 3.5-5AMP 400-690v 3RV1011-1FA10
54
36
54
22
36
36
36
54
54
36
54
55
72
72
54
40
40
40
40
40
40
40
40
40
40
40
40
40
40
Circuit Breaker Siemens 28-40AMP 400-690v 3RV1031-4FA10
Circuit Breaker Siemens 16AMP@50KA 400-690v 3RV1321-4AC10
Circuit Breaker Siemens 70-90AMP 400-690v 3RV1042-4LA10
Circuit Breaker Siemens 1-1.6AMP 415-690v 3VU1300-1MG00-7
Circuit Breaker Siemens 2.4-4AMP 415-690v 3VU1300-1MJ00-7
Circuit Breaker Siemens 2.2-3.2AMP 600v 3RV1011-1DA10
Circuit Breaker Siemens 0.4-0.6AMP 600v 3VU1300-1ME00-7
Circuit Breaker Siemens 6-10AMP 660v 3VU1300-1ML007
Circuit breaker Siemens HFAN 100 3VF3691 6BR22 B1 + Auxillaries
Circuit Breaker Telemecanique 400v GV2-L14
Circuit Breaker Telemecanique 90-150A 400v GV7RS150
Cleaning Solvent 4007
Coil For Allen Bradley Contactor 230v 100FL11F
Coil VickersP/N V74600 Type DG 3VP'3-103A-VM-UD-1O With 220v Coil
Conduit Galvanized 20mm
Conduit Galvanized 20mm 1 Way Inspection Box Complete
Conduit Galvanized 20mm 2 Way Inspection Box Complete
Conduit Galvanized 20mm 3 Way Inspection Box Complete
Conduit Galvanized 20mm 4 Way Inspection Box Complete
Conduit Galvanized 20mm 90 deg Bend
Conduit Galvanized 20mm End Box
Conduit Galvanized 20mm Coupling
Conduit Galvanized 20mm Saddles
Conduit PVC 20mm
Conduit PVC 20mm 1 Way Inspection Box Complete
Conduit PVC 20mm 2 Way Inspection Box Complete
Conduit PVC 20mm 3 Way Inspection Box Complete
Conduit PVC 20mm 4 Way Inspection Box Complet
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Page 16
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Conduit PVC 20mm 90 deg Bend
40
40
40
15
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
Conduit PVC 20mm End Box
Conduit PVC 20mm Couplings
Contact Set For LC1F4004 4P
Contact Main Set Siemens 3TY6520-OA
Contactor AEG IS 132K 2NO/2NC AUX
Contactor AEG IS 220K 2N0/2NC AUX
Contactor AEG IS 37 22E 2NO/2NC AUX
Contactor Allen Bradley 380v 100-D140EM1
Contactor Allen West 230v UA11A211
Contactor Catler Hammer 110v CE15CN4A3B76
Contactor Cutler Hammer C316 Fina 3T Thermal O/load Relay 24-32A
Contactor G E 230v CL25D300TP
Contactor G E 230v CL4A310MV
Contactor Kit Cutler Hammer 6-43-2,3F55 P/N 30112
Contactor Kit Cutler Hammer 6-26-2Series A3 P/N 30003
Contactor Kit Cutler Hammer 6-286 Series P/N 300001
Contactor Kit Cutler Hammer 6-3-2 Size H P/N 38421
Contactor Kit Cutler Hammer 6-35-2 SizeJ P/N 38308
Contactor
Cutler Hammer AC3 300A 1NO+1NC AF160 P/N83517
Contactor Klockner Moeler 230v DIL1M
Contactor Klockner Moeler 380v DILEM-10
Contactor Klockner Moeler 400v DILEM4
Contactor Klockner Moeler 48v DIL00M
Contactor Lovato 230v BF25.40 40A 9.7KW 4NO
Contactor Merlin & Gerlin 400v IEC/EN619095
Contactor TC 400v TC1-D1801
Contractor Klockler Moeler 600vac/230vdc 22DILM
Contractor Riken 380v RAB-12T10
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Page 17
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Contractor Siemens 32A 2NO+2NC 220v 3TC4417-OA
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
Contractor Siemens 9A 230v 3TF3000-OA
Contactor 3 PHASE 400A No Coil LC1F400 Telemecanique
Control Relay AEG 240V AC MMS
Control Relay Finder 220v dc P/N 60.12 8 Pin10A 2 Changeover
Control Relay Finder 24v dc P/N 62.33 16A 3 Changeover
Control Relay Finder 24v dc P/N 56.34 12A 4 Changeover
Control Relay Finder 110v dc P/N 60.13 10A 3Changeover
Control Relay Finder 24v dc P/N 56.34 7A 4 Chageover
Control Relay Finder 230v ac P/N 60.13 11Pin 10A 3Changeover
Control Relay Finder 230v ac P/N 62.33 16A 3 Changeover
Control Relay Finder 230v ac P/N 56.34 12A 4 Changeover
Control Relay Finder 230v ac P/N 60.13 11Pin 10A 3Changeover
Control Relay Finder 230v ac P/N 65.31 20A 1NO+1NC
Control Relay Finder 32v dc P/N 62.33 16A 3 Changeover
Control Relay Globe 24v dc SRB-303D
Control Relay Omron 24v dc G3NA-D210B
Control Relay Omron 250v ac 1025H2
Control Relay Omron 250v ac 10X4H2
Control Relay Omron 250v ac 12Y6H2
Control Relay Siemens 110v dc 4NO+4NC 3TH4244-OAP0
Control Relay Siemens 220v ac 2NO+2NC 3TH3022-OBM4
Control Relay Siemens 24v dc 2NO+2NC 3TH2022-OBB4
Control Relay Siemens 230v ac 3NO+1NC 3TH3022-OBB4-7
Control Relay Siemens 230v ac 7NO+1NC 3TH4271-OAP0
Control Relay Siemens 24v dc 3NO+1NC 3TH3031-OBB4-7
Control Relay Siemens 24v dc 4NO 3TH3040-OBB4-7
Control Relay Siemens 24v dc 2NO+2NC3TH3022-OBB4
Control Relay Siemens 24v dc 4NO+4NC 3TH4244-OBB4
Second Revision
Page 18
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Control Relay Siemens 24v dc 6NO+2NC 3TH4262-0BB4
50
50
50
50
50
50
50
50
50
50
50
50
50
54
36
36
36
36
36
36
36
18
18
18
100
100
18
18
15
Control Relay Siemens 24v dc 8NO 3TH4280-OB
Control Relay Siemens 24v dc 6NO+4NC 3TH4364-OBB4
Control Relay Siemens 24v dc 7NO+3NC 3TH4373-OB
Control Relay Siemens 24v dc 8NO+2NC 3TH4382-OB
Control Relay Siemens 24v dc 1+1 Slow 4+4 Snap 3TH4394-OB
Control Relay Telemecanique 110v dc CA2DN22F5
Control Relay Telemecanique 220v dc CA3DN22MD
Control Relay Telemecanique 230v ac CA2KN22M7
Crc CO- Contact Cleaner 400ML
Current Monitor Single Phase Rhomberg SP 100 220v ac SPDT
Current Transducer Siemens 500v 7kg6114-1AN27
Current Window Comparator Rhomberg 0-200mA SP 121 110v ac
Daylight Switch 16A 220V LS 20
DC Signal Conditioner Measurtrinic Mod KA1-A1-A4M-C5-2
DC Signal Conditioner Measurtrinic Mod KZ1-V100-A20M-C5-3
DC Signal Conditioner Measurtrinic Mod KZ1-V100M-A20M-C5-4
DC Signal Conditioner Measurtrinic Mod KZ1-V300-A20M-C5-3
DC Signal Conditioner Measurtrinic Mod KZ1-V300-A20M-C5-3
DC Signal Conditioner Measurtrinic Mod KZ1-V300-A4M-C5-5
DC Signal Conditioner Measurtrinic Mod KZ1-V75-A4M-C5-4
Decorative Lamo Fitting 3 Way With Brass Lamp Holders
Decorative Lamp Shade ZIAN Type
Din Rail TS35 2M
Dome Plugs 2693 Ampco
Dome Plugs 2713 Ampco
Dome Washer Asseal Type M16
Door Bell
4-12v dc
Door Closer Union type 744
Second Revision
Page 19
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Drill concrete 6mm
72
72
72
72
72
54
54
54
54
36
72
45
45
45
45
45
3000
3000
3000
3000
3000
3000
3000
1000
36
36
72
72
72
Drill
Earth Spike Copper 4 Foot With Clamp
Earth Strap Copper 50mmx5mmx20m
Earth Strap For Houses Perferated
Electrical Varnish Glyptol 250ML G1201
Elements 1000w 220v With Pocket Satchwell
Elements 1500w 220v With Pocket Satchwell
Elements P/NO 425262 Satchwell
Emergency Stop Siemens Metal PB-Station 2NC
3SB1831-8AP
Expanda Cable Assembly 3020 P/N 332825-3020
Expelair Extraction Fan GX10
Expelair Extraction Fan GX12
Expelair Extraction Fan GX6
Expelair Extraction Fan GX8
Extender 5-Way Plug TDZ-6B
Ferrules Stamcor 1.5 MM FS0010
Ferrules Stamcor 10 MM FS0010
Ferrules Stamcor 16 MM FS0060
Ferrules Stamcor 2.5 MM FS0020
Ferrules Stamcor 25 MM FS0070
Ferrules Stamcor 35 MM FS0080
Ferrules Stamcor 4 MM FS0030
Ferrules Stamcor 6 MM FS0040
Flamproof Pratley Gland NO 1 P/N16202
Flamproof Pratley Gland NO 2 P/N16204
Flexable Cord Lights Single Brass Connector With Shade
Fluorescent Tube
65w Cool White 1.5 mts
Fluorescent Tube 36w Cool White 1.2 mts
Second Revision
Page 20
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Fluorescent Tube 58w Cool White
72
72
36
72
72
72
72
72
72
36
36
18
18
500
540
540
1080
36
Flourescent Lamp 40W 1200MM C/W Single Pin Type L/40TLX/840
Fuse Cartrige For Glass Fuse Defy
Fuses GSGB 400
Fuses GSGB 800
Fuse Glass 10A 5x20
Fuse Glass 15A 6x32
Fuse Glass 5A 6x32
Fuse Holder 415v PN PSB160A
Geyser Thermostat Red T115 tse
Geyser Thermostat Blue T115 tse
G - Rail T32M
Gland SP21GY Harting
Gland & Shroud BW No 6 Pratley P/N02007/03016
Globes 125w HQL 220v E27
Globes Bulbs 60W Energy saver bc
Globes Bulbs 60W Energy saver es
H2 Plant Coils Tci Lx4-d40 48v
Harting Plug High Construction
Insert & Gland
Harting Plug High Construction
Gland
Harting Plug High Construction
Insert & Gland
Harting Plug High Construction
Gland
Harting Plug High Construction
Insert & Gland
Harting Plug High Construction
Gland
Harting Plug High Construction
& Gland
Harting Plug High Construction
Gland
Second Revision
Dc
Hood Side Entry 10 Pin Female Complete With
36
Housing Panel 10 Pin Male Complete With Insert &
36
Hood Side Entry 16 Pin Female Complete With
36
Housing Panel 16 Pin Male Complete With Insert &
36
Hood Side Entry 24 Pin Female Complete With
36
Housing Panel 24 Pin Male Complete With Insert &
36
Hood Side Entry 6 Pin Female Complete With Insert
36
Housing Panel 6 Pin Male Complete With Insert &
36
Page 21
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Harting Plug High Construction Hood Side Entry 8 Pin Female Complete With Insert
& Gland
Harting Plug High Construction Housing Panel 8 Pin Male Complete With Insert &
Gland
Harting Plug Normal Construction Hood Side Entry 10 Pin Female Complete With
Insert & Gland
Harting Plug Normal Construction Housing Panel 10 Pin Male Complete With Insert
& Gland
Harting Plug Normal Construction Hood Side Entry 16 Pin Female Complete With
Insert & Gland
Harting Plug Normal Construction Housing Panel 16 Pin Male Complete With Insert
& Gland
Harting Plug Normal Construction Hood Side Entry 24 Pin Female Complete With
Insert & Gland
Harting Plug Normal Construction Housing Panel 24 Pin Male Complete With Insert
& Gland
Harting Plug Normal Construction Hood Side Entry 6 Pin Female Complete With
Insert & Gland
Harting Plug Normal Construction Housing Panel 6 Pin Male Complete With Insert &
Gland
Harting Plug Normal Construction Hood Side Entry 8 Pin Female Complete With
Insert & Gland
Harting Plug Normal Construction Housing Panel 8 Pin Male Complete With Insert &
Gland
Heat Shrink CP 127 - 1 M Black CP12.7/6.4
36
36
36
36
36
36
36
36
36
36
36
36
18
18
18
18
18
18
18
18
18
18
72
72
300
Heat Shrink CP 24 - 1 M Black CP2.4/1.2
Heat Shrink CP 32 - 1M Black CP3.2/1.6
Heat Shrink CP 48 - 1M Black CP4.8/2.4
Heat Shrink CP 64 - 1M Black CP6.4/3.2
Heat Shrink CP 95 - 1 M Black CP9.5/4.8
Heat Shrink CP16 - 1M Black CP 1.6/.8
Heat Shrink Sleeving 1.2MM>0.6MM
Heat Shrink Sleeving 1.6MM>0.8MM
Hps T 1000W Tubilar Lamp NAV-T1000W
Indicator Prog. Led T2PR-5515A 1B1 PR Electronics
Inductive Sensor 4 Wire 12-30v dc Min ISM Type
Industrial Plug Box 16A Weatherproof
Second Revision
Page 22
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Junior Hacksaw Blades
100
36
36
18
18
18
18
18
18
720
360
18
18
18
18
18
18
18
18
18
15
18
18
18
18
54
54
54
36
KWH Meter Single Phase
KWH Meter Three Phase MH 36 G-80-160 A
Lamp Fittings B40 Complete With 125 MV Lamp
Lamps 400W SON T
Lamps 6 inch Gallery fir ES Fibre Glass Deep Threaded
Lamps For B40 NH110FLX
Lead Seals For KHW Meters
Leads For Fluke 77 Per Set
Legrand Star Bootlace Lugs P/N37643
Legrand Star Bootlace Lugs P/N37642
Level Control Switch Kobolt NKP-6401/1 Orange
Level Control Switch Kobolt NKP-6501/2 White
Lift Door Closer DC240 Size 16
Light Emitting Diode
Ba 5 s 24 V ac/dc Red
Light Emitting Diode
Ba 5 s 24 V ac/dc Green
Light Emitting Diode
Ba 5 s 24 V ac/dc Yellow
Light Emitting Diode 48V Wedge Type 5,5 Base Green
Light Emitting Diode 48V Wedge Type 5,5 Base Red
Light Emitting Diode 48V Wedge Type 5,5 Base Yellow
Light fittings Bright light B40 150HPS Complete with 150 SON T lamp
Light Switch 1 Lewer 2 Way Industial Type
Light Switch 2 Lewer 1 Way Industrial Type
Light Switch 2 Lewer 2 Way Industrial Type
Limit Switch Burges VCPY1
Limit Switch Crouzet 83108 With Lewer V3
Limit Switch CT2 QR/1021-A2 Spring Plunger With Free Running Roller Burgess
Limit Switch1LS1-4C Honeywell
Limit Switch BZ2 RD A2 Honeywell
Second Revision
Page 23
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Limit Switch ESV CT48 1HT1 Honeywell
54
54
54
54
18
22
22
22
22
54
54
54
54
18
22
22
22
22
22
22
22
22
22
22
22
22
720
720
360
Limit Switch Honeywell LSA1A With LSZ51A Roller Lever
Limit Switch Telemacenique ZC2-JC
Limit Switch Telemacenique ZCK2JE62
Limit Switch Telemacenique ZCKE05
Limit Switch Telemacenique ZCK-J…H29
Limit Switch Telemacenique ZCKP102H29
Liquid Level Control Module Rhomberg SC 130 110v ac SPDT
Liquid Level Control Module Rhomberg SC 130 24v ac SPDT
Liquid Level Control Module Rhomberg SC 130 230v ac SPDT
Liquid Level Control Module Rhomberg SC 130 48v dc SPDT
Liquid Level Control Module Rhomberg SC 130 110v dc SPDT
Liquid Level Controller Rhomberg AC 130 230v ac DPDT
Liquid Level Controller Te201 380V
Lug Crimping Stamcor 1,5 x 6mm LS0040
Lug Crimping Stamcor 10 x 6mm LS0230
Lug Crimping Stamcor 16 x 6mm LS0290
Lug Crimping Stamcor 16 x 8mm LS0290
Lug Crimping Stamcor 2,5 x 6mm LS0090
Lug Crimping Stamcor 25 x 8mm LS0340
Lug Crimping Stamcor 35 x 10mm LS0400
Lug Crimping Stamcor 4 x 6mm LS0140
Lug Crimping Stamcor 6 x 6mm LS0190
Lug Crimping Stamcor 70 x 10mm LS0500
Lug Crimping Stamcor 70 x 8mm LS0490
Lug Crimping Stamcor 95 x 12mm LS0560
Lugs Pre -Insulated Butt 1UT
Lugs Pre -Insulated Butt 2UT
Lugs Pre -Insulated Butt 3UT
Second Revision
Page 24
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Lugs Pre -Insulated Disconnect (push-on) 1DF 6.4mm
360
360
360
360
360
360
540
540
540
540
540
540
360
360
540
720
720
720
720
720
720
720
720
720
720
720
720
720
720
Lugs Pre -Insulated Disconnect (push-on) 1DF2 3mm
Lugs Pre -Insulated Disconnect (push-on) 1DF5 4.8mm
Lugs Pre -Insulated Disconnect (push-on) 1DM 6.4mm
Lugs Pre -Insulated Disconnect (push-on) 1DM5 4.8mm
Lugs Pre -Insulated Disconnect (push-on) 2DF5 4.8mm
Lugs Pre -Insulated Disconnect (push-on) 2DF6.4mm
Lugs Pre -Insulated Disconnect (push-on) 2DM 6.4mm
Lugs Pre -Insulated Disconnect (push-on) 2DM5 4.8mm
Lugs Pre -Insulated Disconnect (push-on) 3DF 6.4mm
Lugs Pre -Insulated Disconnect (push-on) 3DF9 9.5mm
Lugs Pre -Insulated Disconnect (push-on) 3DM 6.4mm
Lugs Pre -Insulated Flat Blade 1FB 28mm
Lugs Pre -Insulated Flat Blade 2FB 18mm
Lugs Pre -Insulated Flat Blade 2FB 28mm
Lugs Pre -Insulated Flat Blade 3FB 20mm
Lugs Pre -Insulated Pin 1p10
Lugs Pre -Insulated Pin 2p8
Lugs Pre -Insulated Pin 3p10
Lugs Pre -Insulated Ring 1R10
Lugs Pre -Insulated Ring 1R3
Lugs Pre -Insulated Ring 1R4
Lugs Pre -Insulated Ring 1R5
Lugs Pre -Insulated Ring 1R6
Lugs Pre -Insulated Ring 1R8
Lugs Pre -Insulated Ring 2R10
Lugs Pre -Insulated Ring 2R35
Lugs Pre -Insulated Ring 2R4
Lugs Pre -Insulated Ring 2R5
Second Revision
Page 25
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Lugs Pre -Insulated Ring 2R6
720
720
720
720
720
720
720
720
720
720
720
720
720
720
720
720
720
500
500
50
50
50
18
30
44
44
44
54
54
Lugs Pre -Insulated Ring 2R8
Lugs Pre -Insulated Ring 3R10
Lugs Pre -Insulated Ring 3R13
Lugs Pre -Insulated Ring 3R35
Lugs Pre -Insulated Ring 3R4
Lugs Pre -Insulated Ring 3R5
Lugs Pre -Insulated Ring 3R6
Lugs Pre -Insulated Ring 3R8
Lugs Pre -Insulated Spade 1S35
Lugs Pre -Insulated Spade 1S4
Lugs Pre -Insulated Spade 1S5
Lugs Pre -Insulated Spade 2S35
Lugs Pre -Insulated Spade 2S4
Lugs Pre -Insulated Spade 2S5
Lugs Pre -Insulated Spade 3S4
Lugs Pre -Insulated Spade 3S5
Mag-Lite Globe AA
Mag-Lite Mini With 4 AA Battery P/NML 1312
Mag -Lite Rechargeable ML 1704
Mag-Lite Rechargeable Battery Set ML 2965
Mag-lite Rechargeable Globe ML 3054
Male Connectors P/N 84237 Diamond Power
Manual Motor Starter G E 220-380v GPS1BHAR
MCB SF1G3 60 A Orange Lever
Merlin & Gerlin NS400NA Shaft & Rotary Handel Assembly P/N 32647
Merlin & Gerlin NS400NA 3P Isolator P/N 32690
Micro Switch 4BR With Rubber Boot Burgess
Micro Switch 5BR-103 Burgess
Second Revision
Page 26
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Micro Switch V3 103 Burgess
54
18
18
18
44
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
36
Motor Starter Lovato 400v SM2 A68 28-40A 50KA
Motor C/B GV7RS150 Type 90-150A Telemecanique
Narrow Beam Solo Flood 22074 L14ST-1000 MHT
Orange Rockers Switches For Defy Stove
Oven Control 70 TH With Spacer
Oven Control 70 TH Without Spacer
Oven Control Defy 71-ST
Oven Lamps 40w ses
Oven Lamps 40w es
Overload Relays AEG 500v B175
Overload Relays Allen Bradley 600v 193-EA1IB
Overload Relays Cutler Hammer 690v C316FNA3J
Overload Relays Cutler Hammer 690v C316FNA3K
Overload Relays Cutler Hammer 690v C316FNA3M
Overload Relays G E 220v MCRCD22AT
Overload Relays Siemens 600v 3UA5000-1A
Overload Relays Siemens 600v 3UA5000-1AA7
Overload Relays Siemens 600v 3UA5000-1E
Overload Relays Siemens 600v 3UA5000-1G
Overload Relays Siemens 600v 3UA5200-1C
Overload Relays Siemens 600v 3UA5200-2A
Overload Relays Siemens 600v 3UA5400-1G
Overload Relays Siemens 600v 3UA5400-2C
Overload Relays Siemens 600v 3UA5500-2C
Overload Relays Siemens 600v 3UA5900-2E
Over load relays Siemens 600v 3UA6201-2X
Overload Relays Telemecanique 380v LR2D1305
Overload Relays Telemecanique 600v LR2D1306
Second Revision
Page 27
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Overload Relays Telemecanique 600v LR2D1308
36
36
36
36
36
36
54
54
54
54
54
44
44
44
18
54
36
36
36
36
36
36
36
36
36
54
54
Overload Relays Telemecanique 600v LR2D3365
Overload Relays Telemecanique 600v LRD2D 1316
Overload Relays Telemecanique 660v LR2D1305
Overload Relays Telemecanique 690v LR2K0306
Over load relays Telemecanique 750v LR2D1307
Paint Quick Dry Green
Paint Quick Dry Grey
Paint Quick Dry Orange
Paint Quick Dry White
Paint Quick Dry Yellow
Phase Sequince Phase Failure Phase Asymmetry Detector Rhomberg SP 430 110v ac
Phase Sequince Phase Failure Phase Asymmetry Detector Rhomberg SP 430 380v ac
Phase Sequince Phase Failure Phase Asymmetry Detector Rhomberg SP 431 380v ac
Proximity Cylindrical 8MM Wiyh 2M Cable Switch NBN8-18GM60-WS
Quick Starter Ignitor MZN
400w SON T
Reducer Pratley P/N 51069 25-20mm
Reducer Pratley P/N 51071 32-20mm
Reducer Pratley P/N 51070 32-25mm
Reducer Pratley P/N 51074 40-20mm
Reducer Hellermann PG 29-21
Relay AEG SH04 22E 220V DC Coil
Relay AEG SH04 22E 24V DC Coil
Relay Kunke UK3 48v dc With Basis
Restore 4 Acid Remover
Reverse Power Detector Single Phase Monitor Rhomberg SP 510 220v ac SPDT
Round Nylon Rod 12mmx200mm
Round-up 5lt
72
Star Delta Timer Rhomberg AT 130 230v ac SPDT
Second Revision
54
Page 28
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Shallow 6'' Drip Tray For Defy 419
36
36
36
54
54
54
72
22
36
54
36
18
36
36
72
54
54
36
70
70
70
36
54
72
36
72
72
72
36
Shallow 8'' Drip Tray For Defy 419
Siemens Inductive Sensor 2 Wire 12-30v dc
P/N 3 RG4142-6ADOO
Sirenco Siren 220v 500 mts
Siren 24V DC YO 3 Yodalarm
Siren 24V DC YO 5 Yodalarm
Sista Foam 400gr
Spase Bar Saddles 15mm
Spase Bar Saddles 20mm
Stanly Knife Retractable Blades Heavy Duty
Stop Start Units G E 600v SFKOE
Stop Start Units Telemecanique 240-600v GV2ME08
Stop Start Units Telemecanique 240-600v XAL B215
Stove 4x4 Isolators 60A Crabtree Double Pole With Cover
Stove Fuses 15A ES Type
Stove Fuses 20A ES Type
Stove Hinges
Stove Knobs Large With Springs
Stove Knobs Small With Springs
Stove Oven control 71ST
Stove Pencil Fuse 20A
Stove Pencil Fuse Holder Defy
Stove Plate 8" Inch Solid Plate
Stove Plate 8" Inch Spiral Plate
Stove Plate 8" Inch Spiral Plate
Stove Plate 6 Inch Solid Plate
Stove Plate 6 Inch Trimmings
Stove Plate 8 Inch Trimmings
Stove Switch ER90 Satchwell Type
Second Revision
Page 29
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Switch BZ2-2RW80 Limit Honeywell
36
36
36
36
36
36
36
36
36
36
720
540
720
720
540
720
720
54
540
540
540
540
540
540
540
540
540
540
540
Switch DTET-7 2RN-PG Limit Honeywell
Switch DTF2-2RN-LH Limit Honeywell
Switch ON/OFF Siemens 300-600v 3VE1000-2G
Switch ON/OFF Siemens 300-600v 3VE1000-2J
Switch 2 Segment
AUTO/OFF/REMOTE CA 2O A222
Switch 3 Segment
AUTO/OFF/REMOTE CA 2O A222
Switch 4 Segment ON/OFF CA20A212
Switch Selector Telux On/Off/Renote 16A 220V
Tachometer Relay Rhomberg SC 320 230v ac 30-300 RPM SPDT
Tape Duct tape Gray
Tape Heat Glass 3M 27
Tape Scotch No 35 Black
Tape Scotch No 35 White
Tape Scotch No 35 Red
Tape Scotch No 35 Blue
Tape Scotch No 35 Yellow
Tape One Sided Adhesive10x25 In 12 mts roll
Tape One Sided Adhesive 6x35 In 12 mts roll
Tape One Sided Adhesive 5x40 In 12 mts roll
Tape Self Vulcanising 3M Scotch 23 18X9MT
Teleme. NO. Contact Gold Flashed ZB2-BE1016
Telemechanique Overload GV2-ME14 6-10A
Telemechanique Overload GV2-AN11
Telemechanique Overload GV2-ME02 0.16-0.25A
Telemechanique Overload GV2-ME04 0.4-0.63A
Telemechanique Overload GV2-ME05 0.63-1.0A
Telemechanique Overload GV2-ME06 1-1.6A
Telemechanique Overload GV2-ME07 1.6-2.5A
Second Revision
Page 30
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Telemechanique Overload GV2-ME08 2.5-4A
540
540
540
540
540
540
540
540
540
540
540
360
540
216
540
180
360
540
540
540
540
621
216
216
540
360
360
720
180
Telemechanique Overload GV2-ME10 4-6.3 A
Telemechanique Overload GV2-ME16 9-14A
Telemechanique Overload GV2-ME20 13-18A
Telemechanique Overload GV2-ME21 17-23A
Telemechanique Overload GV2-ME22 20-25 A
Telemechanique Overload GV2-ME05 0.25-0.4A
Temp Reutor Make Wika Magnetic 0-200 deg c
Thyristor MCC 162-16101
Thyristor Semikrone SKT300/16E
Timer TB17 National 24 HR Pool Timer
Timer Multi Function Rhomberg 48 -T100 11 pin 230v ac
Timer Rhomberg Multi Function ST100 110 vdc DP 120SEC
Timer Rhomberg Multi Function ST100 230 vac DP 120 SEC
Timer Rhomberg Multi Function ST101 230 vac SPDT 240 MIN
Timer Rhomberg Multi Function ST100 24 vac SPDT 60 SEC
Timer Rhomberg Multi Function ST100 60 vdc DPDT 7.5 SEC
Timer Rhomberg Multi Function AT 100 230 vac SPDT 240 MIN
Timer Rhomberg Electronic Reset
ST110 48 vdc DP 120 SEC
Timer Rhomberg Electronc Reset ST 111 230 vac DP 60 MIN
Timer Rhomberg Electronic Reset ST 112 48 vdc DPDT 120 SEC
Timer Rhomberg Electronic Reset ST 113 110 vdc DPDT 60 MIN
Timer Rhomberg Unequal Cycling
ST 201 250 vac SPDT 30 SEC
Timer Rhomberg Unequal Cycling ST 202 230 vac DPDT 240 MIN
Timer Rhomberg No Power Delay Off
ST 300 230 vdc DPDT 60 MIN
Trasformer Classic H Primary 220V Secondary 12V 150VA
Transformer 1PH 1.1Kv/110v 50Va Class1
Transition Washer M16 Sicame
Triton Rubber Control Float Switch 5 mts Cable P/N5mts FLO 100
Second Revision
Page 31
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Trunking Grey 50x50
432
432
432
432
432
432
432
432
432
360
180
108
360
720
720
432
432
432
432
432
432
360
360
360
180
108
180
180
180
Trunking Grey 40x40
Trunking Grey 25x25
Trunking Grey angle
Trunking Grey flat
Trunking White 50x50
Trunking White 40x40
Trunking White 25x25
Trunking White angle
Trunking White flat
Turret Alliminium Clamp Alstom Drw No G30665/90mm
V Seris Proximity Cylindricai 8MM With 2M Cable Switch NBN8-18GM60-WS
Vermiculite Sealer
VIP 25 kg
Volt
Meter 95x95mm 0-10 000v
Volt
Meter 95x95mm 0-36v
Volt
Meter 95x95mm 0-500v
Volt
Meter 95x95mm 0-65v
Voltage Monitor Rhomberg SP 200 230v ac SPDT
Voltage Monitor Rhomberg SP 201 24v dc SPDT
Voltage Window Comparator Rhomberg 3 Phase AP 232 230v DPDT
Voltage Regulator P/N1197-311301 Bosch 24v
Weidmuller Terminals P/N011006 SAK 10 G Rail Connector
Weidmuller Terminals P/N027106 SAK 16 G Rail Connector
Weidmuller Terminals P/N055066 SAK 35 G Rail Connector
White Oak Rocket Switch Defy
Wire Glass Breaded Teflon .75mm White Blue in 100 mts Coil
Wire Glass Breaded Teflon .75 mm White Red in 100 mts Coil
WireGlass Breaded Teflon .75 mm White in 100 mts Coil
Wire Glass Breaded Teflon .75 mm White Black in 100 mts Coil
Second Revision
Page 32
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Flourescent Lamp 28 Watt ,230V, 2 tube
500
10
10
10
50
30
10000
500
100
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
30
90
D5 Contactor ,230V
D10 Contactor ,230V
5kA UPS system, 220V
DPI
Cherry picker batteries ,12VDC
100W metal halide bulbs
B40 light fittings for 100W metal halide lights
Flameproof bulkhead for Turbine canopy lighting
Surface mount heet metal enclosure 300X250X160 IP65
Surface mount heet metal enclosure 350X300X160 IP65
Surface mount heet metal enclosure 500X300X200 IP65
Surface mount heet metal enclosure 500X400X200 IP65
Surface mount heet metal enclosure 650X300X200 IP65
Surface mount heet metal enclosure 650X500X250 IP65
Surface mount heet metal enclosure 800X600X300 IP65
Surface mount heet metal enclosure 950X800X300 IP65
Surface mount heet metal enclosure 1250X800X300 IP65
Sheet Metal Enclosure 350X250X220 IP65
Sheet Metal Enclosure 450X300X220 IP65
Sheet Metal Enclosure 550X400X270 IP65
Sheet Metal Enclosure 650X450X270 IP65
Sheet Metal Enclosure 750X500X270 IP65
Sheet Metal Enclosure 950X700X270 IP65
Sheet Metal Enclosure 950X700X330 IP65
Sheet Metal Enclosure 1150X850X270 IP65
Sheet Metal Enclosure 1150X850X330 IP65
Metabo Drilling Machine 900W
Drill bit set
Second Revision
Page 33
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Price List
PRICE LIST (Add more columns if need be and attach as an appendix)
Remarks: * Item 6: Eskom may effect this insurance, which includes War Risk Insurance
** Item 13: Please specify
PRICE LIST FOR GOODS MANUFACTURED INSIDE AND OUTSIDE THE R.S.A., SUPPLY
DELIVERY AND ERECTION/INSTALLATION.
ENQUIRY NO: ________________________
SUPPLIED FROM OUTSIDE RSA:
Item Number according to the
Item List:
1.
Ex Works Price (Overseas)
2.
3.
Inland Transport Cost
FOB Price
4.
Cost of seafreight
5.
Cost of airfreight
6. Cost of Marine Insurance*
7. Total price delivered port R.S.A.
8.
Item 1
Unit
price
Item 1
Qty
Item 1
Total
Item 2
Unit
price
Item 2
Qty
Item2
Total
(= 1+2)
(= 3+4+5+6)
Wharfage
Second Revision
Page 34
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
9.
GOODS INFORMATION
Landing charges
10. Customs duties
11. Surcharge
12. Cost of Importation
13. Other **
(= 8+9+10+11)
(= 13)
14. Cost of Rail transport In R.S.A.
15. Cost of Road transport In R.S.A.
16. Cost of transport works to site
(=14+15)
17. TOTAL ITEM Price (FOB) delivered to works/site
(= 7+12+13+16)
Second Revision
Page 35
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
SUPPLIED FROM INSIDE RSA:
Item Number according to the Item List:
18. F.O.R. Price-Goods manufactured Inside
R.S.A.
19. F.O.R. Price-Goods supplied from ExImported Items
20. Total F.O.R. price
Item 1
Unit
price
Item 1
Qty
Item 1
Total
Item 2
Unit
price
Item 2
Qty
Item2
Total
(=18+19)
21. Cost of Rail transport
22. Cost of Road transport
23. Cost of transport works to site
(=21+22)
24. TOTAL ITEM PRICE (F.O.R.) delivered to site
(=20+23)
SITE WORK (ERECTION/INSTALLATION)
Item Number according to the Item List:
Item 1
Total
Price
Item2
Total
Price
25. Local labour
26. Expatriate labour
27. Total price for site work
Second Revision
(= 25+26)
Page 36
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
28. Overseas Engineering Service
29. Local Engineering Service/Design
30. Total price for Engineering Service
(= 28+29)
31. VAT
(= tax rate x 17+24+27+30)
32. ITEM TOTAL PRICE delivered to site
(=17+24+27+30+31)
GRAND TOTAL (= SUM OF ITEM TOTAL
PRICES)
Second Revision
Page 37
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Complete this ONLY if supplied from OUTSIDE RSA
ITEM Number according to the ITEM LIST.
Item 1 : Price
Item 2 : Price
CIF PRICE (Line 7)
33.
Currency
A: 1 ZAR = ....................................... (FOB)
34.
Currency
B: 1 ZAR = ........................................ (FOB)
35.
Currency
C: 1 ZAR = ........................................ (FOB)
36.
Currency
D: 1 ZAR = .............................. (FREIGHT)
37.
Currency
E: 1 ZAR = ........................................ (INS)
38. Total CIF price
(7 = 33+34+35+36+37)
PRICE EXPATRIATE LABOUR (Line 26)
39.
Currency
A: 1 ZAR = ........................................
40.
Currency
B: 1 ZAR = ........................................
41.
Currency
C: 1 ZAR = ........................................
42.
Currency
D: 1 ZAR = ........................................
43.
Currency
E: 1 ZAR = ........................................
44. Total Price Expatriate Labour
(26 = 39+40+41+42+43)
Second Revision
Page 38
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
PRICE OVERSEAS ENGINEERING SERVICES (Line 28)
45.
Currency
A: 1 ZAR = .......................................
46.
Currency
B: 1 ZAR = .......................................
47.
Currency
C: 1 ZAR = .......................................
48.
Currency
D: 1 ZAR = .......................................
49.
Currency
E: 1 ZAR = .......................................
50. Total Price O/seas Engineering Services
(28 = 45+46+47+48+49)
51. Foreign content of total price
(38+44+50)
Name of Tenderer: ______________ Authorised Signature: _________________Date: ___________
Note: In case of discrepancy between (quantity x unit price) and Item Total Price, then the (quantity x unit price) shall prevail.
Attach CPA(GENERAL) and/or CPA(IG) forms if applicable.
Delete this page when finished.
Second Revision
Page 39
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
GOODS INFORMATION
Goods Information
PURCHASER’S GOODS INFORMATION
The following headings may be used when developing the Goods Information:
1.
Description of the Goods
(The Goods Information should be a complete and precise statement of the Purchaser’s requirements. Information provided by the Supplier should be listed in the Goods Information
only if the Purchaser is satisfied that it is required, is part of a complete statemnt of the Purchasrer’s requirements and is consistent with the other parts of the Goods Information)
4.
5.
6.
7.
8.
9.
Electrical Spares (List Attached for full scope of work)
3. Constraints (see clause 11.2 (5))
None
Engineering and the Supplier’s design
N/A
5. Health and Safety requirements (clause 17.1)
Hendrina Power Station Health and Safety Procedure for Contractors 6.4/ST/01
Hendrina Power Station Security Access
HSPHO/020
Eskom Hendrina Power Quality Procedure
HSPPA/006
Standards applicable (clause 21.1)
ISO 9001/2000
Requirements before completion (clause 30.2)
N/A
Services and other things provided by the Supplier (clause 31.2)
N/A
Services and other things provided by the Purchaser (clause 31.2)
N/A
Tests and inspections required (clause 40.1)
Second Revision
Page 40
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
10.
11.
12.
13.
GOODS INFORMATION
QIP
Records, data sheets, materials, facilities and samples to be provided by the Supplier and/or by the Purchaser for tests and inspection (clause 40.2)
All material datasheets, and Test Certificates by Manufacture to the Purchaser
Goods to be tested and inspected before delivery (clause 41.1)
Tested by Parent Supplier & inspected by Supplier before delivery
Marking of Goods and Material (clause 71.2)
N/A
If clause X1 – Performance Bond is used:
Form of the Performance Bond to be attached to the Goods Information (clause X1.1)
N/A
14.
If clause X2 – Parent Company Guarantee is used:
15.
Form of the Parent Guarantee Bond to be attached to the Goods Information (clause X2.1)
N/A
If clause X6 – Extending the Guarantee period is used:
Performance criteria of goods (Clause X6.1)
N/A
16.
If clause X7 – Spare parts and replacement parts is used:
N/A
17.
If clause X10 Transfer of rights is used:
17.1 Rights over material (clause X10.1)
N/A
17.2 State the other rights that the Supplier obtains for the Purchaser (clause 10.1)
N/A
17.3 Restrictions and obligation of use of material (clause X10.2)
N/A
18.
19.
20.
21.
If X12 - Programme
is used:
18.1 Describe the work of the the Purchaser and Others (clause X12.3)
N/A
18.2 Other information required on the Accepted Programme (clause X12.3)
N/A
Management and start up
N/A
Packing, transport and offloading
All spares to be covered with rain repellent
Incidental services
Second Revision
Page 41
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
22.
GOODS INFORMATION
N/A
Specifications (include Environmental specification) and drawings
N/A
Second Revision
Page 42
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
Conditions of contract
CONTENTS
Core clauses
1
2
3
4
5
6
7
8
9
General
The Parties’ main responsibilities
Time
Testing and Defects
Payment
Compensation events
Title
Liabilities indemnities and insurance
Termination and disputes
The strategy for choosing the form of contract starts with
a decision between two main options, one of which must
be chosen.
Main option clauses
A
G
Priced contract with Price List
Term contract
Options B, C, D, E and F used in other NEC documents
are not used in this Eskom Holdings Limited Supply
Contract.
The following secondary option clauses should then be
considered. It may not be necessary to use any of them.
Secondary option
clauses
X1
X2
X3
X4
X5
X6
X7
X8
X9
X10
X11
X12
X13
X14
Z
Performance bond
Parent company guarantee
Multiple currencies
Importation charges
Price adjustment for inflation
Extending the warranty period
Spare and replacement parts
Delay damages
Low performance damages
Transfer of rights
Purchaser's Representative
Provision of a programme
Quantity discounts (for use with Option G only)
Advance payment to the Supplier
Additional conditions of contract
Contract Data
1
2
Data provided by the Purchaser
Data provided by the Supplier
Price List
1
Pro forma for use with local and supplies from abroad.
Batch Order
2nd Revision
Pro forma Batch Order for use with Option G
Contract Page 1
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CORE CLAUSES
CORE CLAUSES
1
General
Actions 10
10.1
Identified and 11
defined terms 11.1
11.2
The Purchaser and the Supplier shall act as stated in this contract
and in a spirit of mutual trust and co-operation.
In the conditions of contract, terms identified in the Contract Data
are in italics, and defined terms have capital initials.
(1) The Parties are the Purchaser and the Supplier.
(2) Others are people or organisations who are not the Purchaser,
the Adjudicator, the Supplier or any employee, subcontractor or
supplier of the Supplier.
(3) The Contract Date is the date when this contract came into
existence as determined in accordance with the law of the
contract.
(4) To Provide the Goods means to do the work necessary to
provide the goods in accordance with this contract including all
incidental work, services and actions which this contract requires.
(5) Goods Information is information which specifies and
describes the goods and services ancillary to the supply of the
goods, or states any constraints on how the Supplier Provides the
Goods and is either
in the documents which the Contract Data states it is in, or
in an instruction given in accordance with this contract.
(6) The Terms of Delivery are the trade terms stated in the
Contract Data selected from the edition applicable at the Contract
Date of INCOTERMS published by the International Chamber of
Commerce, Paris.
(7) The Delivery Date is the delivery date stated in the Delivery
Schedule unless later changed in accordance with this contract.
(8) Materials are items to be included in the goods.
(9) Equipment is items provided by the Supplier, used by the
Supplier to Provide the Goods and not included in the goods.
2nd Revision
Contract Page 2
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CORE CLAUSES
(10) A Defect is
a part of the goods or services ancillary to the supply of
the goods which is not in accordance with the Goods
Information, or
a part of the goods designed by the Supplier, which is not
in accordance with the applicable law, or the Supplier’s
design, which has been accepted by the Purchaser.
Interpretation and 12
the law 12.1
In this contract, except where the context shows otherwise, words
in singular also mean plural and the other way round and words in
the masculine also mean in the feminine and neuter.
12.2
This contract is governed by the law of the contract.
12.3
When a term from INCOTERMS is used in this contract, the rules
and definitions applicable to that term in INCOTERMS are
deemed incorporated into this contract.
Communications 13
13.1
Each communication which this contract requires has effect when
it is received in a form that can be read, copied and recorded at
the last address notified by the recipient for receiving
communications. Writing by the Purchaser and the Supplier is in
the language of this contract.
13.2
If this contract requires the Purchaser or the Supplier to reply to a
communication, unless otherwise stated in this contract, the
responder replies within the period for reply.
13.3
The Purchaser replies to a communication submitted or
resubmitted by the Supplier to the Purchaser for acceptance. If
the reply is not acceptance, the Purchaser states reasons and the
Supplier resubmits the communication within the period for reply
taking account of these reasons. A reason for withholding
acceptance is that more information is needed in order to assess
the Supplier's submission fully.
The Purchaser's 14
authority and 14.1
delegation
The Purchaser may give an instruction to the Supplier which
changes the Goods Information, the Terms of Delivery or the final
destination.
14.2
The Purchaser's acceptance of a communication from the Supplier
or of the Supplier's work or the goods does not change the
Supplier's responsibility to Provide the Goods or the Supplier's
liability for the Supplier's design.
14.3
The Purchaser after notifying the Supplier, may delegate any of the
Purchaser’s actions and may cancel any delegation. A reference to
an action of the Purchaser in this contract includes an action by the
Purchaser’s delegate.
Early warning 15
2nd Revision
Contract Page 3
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
15.1
CORE CLAUSES
The Supplier and the Purchaser give an early warning by
notifying the other as soon as either becomes aware of any matter
which could
increase the total of the Prices,
delay delivery, or
impair the performance of the goods in use.
The Supplier and the Purchaser co-operate in making and
considering proposals for how the effect of each matter which has
been notified as an early warning can be avoided or reduced.
15.2
Either the Purchaser or the Supplier may instruct the other to
attend an early warning meeting. Each may instruct other people
to attend if the other agrees.
15.3
At an early warning meeting those who attend co-operate in
making and considering proposals for how the effect of
each matter which has been notified as an early warning
can be avoided or reduced,
seeking solutions that will bring advantage to all those
who will be affected, and
deciding upon actions which they will take and who, in
accordance with this contract, will take them.
15.4
Ambiguities and 16
Inconsistencies 16.1
Health and safety 17
17.1
Illegal and impossible 18
requirements 18.1
2nd Revision
The Purchaser records the proposals considered and decisions
taken at an early warning meeting and gives a copy of the record
to the Supplier.
The Purchaser or the Supplier notifies the other as soon as either
becomes aware of an ambiguity or inconsistency in or between the
documents which are part of this contract. The Purchaser gives
an instruction resolving the ambiguity or inconsistency.
The Supplier acts in accordance with the health and safety
requirements stated in the Goods Information.
The Supplier notifies the Purchaser as soon as the Supplier
becomes aware that the Goods Information requires the Supplier
to do anything which is illegal or impossible. If the Purchaser
agrees that it is illegal or impossible, the Purchaser gives an
instruction to change the Goods Information appropriately.
Contract Page 4
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
2
CORE CLAUSES
The Parties' main responsibilities
The Purchaser's 20
obligations 20.1
20.2
The Supplier's 21
obligations 21.1
The Purchaser provides information, services and things that this
contract requires the Purchaser to provide and provides them as
stated in this contract.
The Purchaser takes over the goods from the Supplier in
accordance with the Terms of Delivery.
The Supplier
Provides the Goods in accordance with the Goods
Information,
does not manufacture goods which the Supplier has
designed specifically for this contract until the Purchaser
has accepted that the design complies with the Goods
Information,
warrants that the goods are fit for the purpose stated in the
Goods Information or, if not so stated, fit for the purpose
to which goods similar to the goods are used in the final
destination and other locations stated in the Goods
Information,
warrants that the goods and Materials are new, unused, of
the most recent or current models, and that they
incorporate all recent improvements in design and
materials, unless stated otherwise in the Goods
Information, and
warrants that the goods and Materials conform to the
authoritative standard for them applicable at the Contract
Date and appropriate to the goods’ and Materials’ country
of origin, if an applicable standard for the goods or
Materials is not stated in the Goods Information.
21.2
The Supplier transports, insures, and passes risk of loss and
damage to the goods to the Purchaser in accordance with the
Terms of Delivery. The cost of the Supplier’s obligations for
transport, insurance and delivery is included in the Prices.
21.3
The Supplier provides the documentation listed in the Contract
Data at the time of delivery.
Packing 22
22.1
2nd Revision
The Supplier packs the goods in a manner that is designed to
prevent damage or deterioration during transit to the final
destination.
Contract Page 5
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
22.2
Subcontracting 23
23.1
23.2
Access to the work 24
24.1
Co-operation 25
25.1
Approval from 26
Others 26.1
Instructions 27
27.1
3
CORE CLAUSES
The Supplier packs the goods taking account of rough handling,
exposure to extreme temperatures, salt, precipitation during
transit, open storage, the final destination and the absence of
heavy handling facilities at certain points in transit or on arrival.
If the Supplier subcontracts work, the Supplier is responsible for
Providing the Goods as if the Supplier had not subcontracted. This
contract applies as if a subcontractor’s employees and equipment
were the Supplier's.
If the Purchaser instructs the Supplier to, the Supplier submits the
name of each proposed subcontractor to the Purchaser for
acceptance.
A reason for not accepting the proposed
subcontractor is that the subcontractor’s appointment will not
allow the Supplier to Provide the Goods. The Supplier does not
appoint a proposed subcontractor until the Purchaser has accepted
the subcontractor.
The Supplier provides access for the Purchaser and others
notified by the Purchaser to work being done for this contract and
to stored Materials.
The Supplier co-operates with Others as necessary for delivery of
the goods, and in obtaining and providing information which they
need in connection with the goods.
The Supplier obtains approval of his design and delivery
arrangements from Others where necessary.
The Supplier obeys an instruction which is in accordance with this
contract and is given to the Supplier by the Purchaser.
Time
Starting and delivery 30
30.1
2nd Revision
The Supplier does not start work until the starting date and does
the work so that delivery of the goods and performance of
ancillary services is on or before the Delivery Date.
30.2
The Supplier does not deliver the goods until the Supplier has
complied with requirements stated in the Goods Information as to
be completed by the Supplier before delivery.
30.3
The Supplier provides evidence of delivery of the goods to the
Purchaser in the form of the Supplier's delivery note duly
endorsed by the authorising stamp and signature of the person
delegated by the Purchaser to receive the goods.
Contract Page 6
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
Access to the final 31
destination 31.1
31.2
Instructions to stop 32
or not to start any 32.1
work
4
CORE CLAUSES
If the Terms of Delivery require delivery to be made by the
Supplier to the final destination, the Purchaser allows access to
and use of it to the Supplier on or reasonably before the Delivery
Date or as later agreed between them. The Purchaser allows
access to and use of the final destination to the Supplier as
necessary for other work in this contract.
The Purchaser and the Supplier provide services and other things
as stated in the Goods Information. Any cost incurred by the
Purchaser as a result of the Supplier not providing the facilities
and services stated is assessed by the Purchaser and paid by the
Supplier.
The Purchaser may instruct the Supplier to stop or not to start any
work and may later instruct the Supplier to restart or start it.
Testing and Defects
Tests and inspections 40
40.1
40.2
The Supplier and the Purchaser provide records, data sheets,
materials, facilities and samples for tests and inspections as stated
in the Goods Information.
40.3
The Supplier and the Purchaser notify the other of each of their
tests and inspections before it starts and afterwards notifies its
results. The Supplier notifies the Purchaser in time for a test or
inspection to be arranged and done before doing work which
would obstruct the test or inspection. The Purchaser may watch
any test done by the Supplier.
40.4
If a test or inspection shows that any work has a Defect, the
Supplier corrects the Defect and the test or inspection is repeated.
40.5
The Purchaser does the Purchaser’s tests and inspections without
causing unnecessary delay to the work or to a payment that is
conditional upon a test or inspection being successful.
40.6
The Purchaser assesses the cost incurred by the Purchaser in
repeating a test or inspection after a Defect is found. The Supplier
pays the amount assessed.
Testing and 41
inspection before and 41.1
after delivery
2nd Revision
This clause only governs tests and inspections required by the
Goods Information and the applicable law.
The Supplier does not deliver any goods which the Goods
Information states are to be tested or inspected before delivery
until the Purchaser has notified the Supplier that the goods have
passed the test or inspection.
Contract Page 7
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
41.2
Searching for and 42
notifying Defects 42.1
42.2
Correcting Defects 43
43.1
43.2
Accepting Defects 44
44.1
44.2
Uncorrected Defects 45
45.1
2nd Revision
CORE CLAUSES
Acceptance of the goods by the Purchaser at the time of delivery
is also subject to inspection by the Purchaser for loss and damage
to the goods. Unless instructed otherwise by the Purchaser, the
Supplier promptly replaces loss of and repairs damage to the
goods arising from the inspection.
The Purchaser may instruct the Supplier to search for a Defect.
Until the end of the warranty period, the Purchaser notifies the
Supplier of each Defect which the Purchaser finds. In the notice
the Purchaser states whether the defective goods are to be
replaced by goods which are free of Defects, or that the Defect
may be corrected as stated in this contract.
The Supplier corrects Defects whether or not the Purchaser
notifies the Supplier of them.
After delivery the Supplier corrects notified Defects or replaces
the defective goods before the end of the defect correction period.
This period begins at the later of delivery or when the Defect is
notified. The Purchaser gives the Supplier access to and use of the
defective goods as needed for correcting a Defect.
The Supplier or the Purchaser may propose to the other that the
Goods Information should be changed so that a Defect does not
have to be corrected.
If the Supplier and the Purchaser are prepared to consider the
change, the Supplier submits a quotation for reduced Prices or an
earlier Delivery Date or both to the Purchaser for acceptance. If
the Purchaser accepts the quotation, the Purchaser gives an
instruction to change the Goods Information, the Prices and the
Delivery Date accordingly.
If the Supplier has not corrected a notified Defect within its defect
correction period, the Purchaser assesses the cost of having the
Defect corrected or the defective goods replaced by other people
and the Supplier pays this amount.
Contract Page 8
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
5
CORE CLAUSES
Payment
Invoicing the 50
amount due 50.1
The Supplier invoices the amount due upon delivery.
50.2
The Supplier’s tax invoice includes details of how the amount due
has been calculated, and is accompanied by all other documentation
which this contract requires be provided at the time of delivery of
the goods or ancillary services.
50.3
The amount due is
the Price for Goods and Services Delivered against a
delivery document,
plus other amounts to be paid to the Supplier (including
any tax which the law requires the Purchaser to pay to the
Supplier),
less amounts to be paid by the Supplier.
50.4
Payment 51
51.1
2nd Revision
The Purchaser corrects any wrongly calculated amount due and
notifies the Supplier of the correction before paying the Supplier.
Shortages, loss of and damage to the goods notified by the
Purchaser at the first inspection after delivery of the goods is
taken into account in the Purchaser’s correction of the calculated
amount due, unless the Supplier has already rectified such loss
and damage.
Unless another period is stated in the method and conditions of
payment, the Purchaser pays each amount due within 30 days
after receipt of a tax invoice from the Supplier for payment.
51.2
Interest is paid if a payment is late or includes a correction of an
earlier payment. Interest is assessed from the date by which the
correct payment should have been paid until the date when it is
paid. Interest is calculated at the rate stated in the Contract Data
or, if none is stated, at 0.5% of the delayed amount per complete
week of delay.
51.3
Payments are in the currency of this contract unless otherwise
stated in this contract.
Contract Page 9
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
6
CORE CLAUSES
Compensation events
Compensation events 60
60.1
The following are compensation events:
(1) The Purchaser gives an instruction changing the Goods
Information except
a change made in order to accept a Defect or
a change to the Goods Information provided by the
Supplier for the Supplier’s design which is made at the
Supplier’s request or to comply with other Goods
Information provided by the Purchaser.
(2) The Purchaser gives an instruction changing the Terms of
Delivery.
(3) The Purchaser gives an instruction to stop or not to start any
work.
(4) The Purchaser changes a decision which the Purchaser has
previously communicated to the Supplier.
(5) The Purchaser instructs the Supplier to search for a Defect and
none is found.
(6) The Purchaser does not allow access to and use of the final
destination to the Supplier as necessary for delivery and for other
work included in this contract.
(7) The Purchaser gives an instruction changing the final
destination.
(8) The Purchaser does not provide something which the Purchaser
is to provide by the date for providing it stated in this contract.
(9) The Purchaser notifies a correction to an assumption about a
compensation event which the Purchaser has previously stated.
(10) A loss of or damage to the goods and Materials arising from
fault of the Purchaser,
Purchaser's design,
Materials provided by the Purchaser, or
an action after delivery of the goods which is not an action
of the Supplier.
(11) The Purchaser does not reply to a communication from the
Supplier within the period required by this contract.
(12) The Purchaser withholds an acceptance (other than an
acceptance of a quotation for accepting a Defect) for a reason not
stated in this contract.
2nd Revision
Contract Page 10
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CORE CLAUSES
(13) A test or inspection done by the Purchaser causes
unnecessary delay.
(14) The Purchaser does not provide materials, facilities and
samples for tests as stated in the Goods Information.
(15) An event which
delays delivery by more than two weeks,
the Supplier could not have reasonably prevented or
controlled,
an experienced supplier would have judged, at the
Contract Date, to have such a small chance of occurring
that it would have been unreasonable to have allowed for
it, and
is not one of the other types of compensation event stated
in this contract.
In assessing this event the first two weeks are excluded.
(16) A breach of contract by the Purchaser, which is not one of
the other compensation events in this contract.
(17) Additional compensation events (if any) stated in the
Contract Data.
Notifying 61
compensation events 61.1
The Supplier notifies to the Purchaser an event which has
happened or which the Supplier expects to happen as a
compensation event if
the Supplier believes that the event is a compensation
event,
it is less than two weeks since the Supplier became aware
of the event and
the Purchaser has not notified the event to the Supplier.
61.2
The Prices and the Delivery Date are not changed if the Purchaser
decides that an event notified by the Supplier
arises from a fault of the Supplier,
has not happened and is not expected to happen,
has no effect upon the amount of the Supplier’s costs or
upon planned delivery or
is not one of the compensation events stated in this
contract.
If the Purchaser decides otherwise, the Purchaser instructs the
Supplier to submit a quotation for the event. The Purchaser
notifies the decision to the Supplier, or instructs the Supplier to
submit a quotation within one week of the Supplier’s notification
to the Purchaser of the event.
2nd Revision
Contract Page 11
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CORE CLAUSES
61.3
If the Purchaser decides that the Supplier did not give an early
warning of the event which the Supplier could have given, the
Purchaser notifies that decision to the Supplier when instructing
the Supplier to submit a quotation.
61.4
If the Purchaser decides that the effects of a compensation event
are too uncertain to be forecast reasonably, the Purchaser states
assumptions about the event when instructing the Supplier to
submit a quotation. Assessment of the event is based on these
assumptions. If any of them is later found to have been wrong, the
Purchaser notifies a correction.
61.5
A compensation event is not notified after the end of the last
warranty period.
Quotations for 62
compensation events 62.1
A quotation for a compensation event comprises proposed
changes to the Prices or unit prices and any delay to the Delivery
Date assessed by the Supplier. The Supplier submits details of the
Supplier’s assessment with each quotation. The Supplier submits
a quotation within one week of being instructed to do so by the
Purchaser or, if no such instruction is received, within two weeks
of the notification of a compensation event.
62.2
The Purchaser may instruct the Supplier to submit a quotation for
a proposed instruction or a proposed changed decision. The
Supplier does not put a proposed instruction or a proposed
changed decision into effect.
62.3
The Purchaser replies within one week of the Supplier’s
submission. For a proposed instruction or proposed changed
decision, the Purchaser’s reply is
notification that the instruction or changed decision will
not be given,
notification of the instruction or changed decision as a
compensation event and acceptance of the quotation or
notification of the instruction or changed decision as a
compensation event and notification that the Purchaser
does not agree with the quotation.
For other compensation events, the Purchaser’s reply is
acceptance of the quotation or
notification that the Purchaser does not agree with the
quotation.
62.4
2nd Revision
If the Purchaser does not agree with the quotation, the Supplier
may submit a revised quotation within one week of the
Purchaser’s reply. If the Purchaser does not agree with the
revised quotation or if none is received, the Purchaser assesses the
compensation event and notifies the assessment to the Supplier.
Contract Page 12
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
62.5
Assessing 63
compensation events 63.1
63.2
CORE CLAUSES
The Purchaser may instruct the Supplier to submit alternative
quotations based upon different ways of dealing with the
compensation event which are practicable. The Supplier submits
the required quotations to the Purchaser and may submit
quotations for other methods of dealing with the compensation
event which the Supplier considers practicable.
For a compensation event which only affects the quantities of
items shown in the Price List, the change to the Prices is assessed
by multiplying the changed quantities of items by the appropriate
unit prices in the Price List.
For other compensation events the changes to the Prices are
assessed by forecasting the effect of a compensation event upon
the amount of the Supplier’s costs or, if the compensation event
has already occurred, the assessment is based upon the amount of
Supplier’s costs due to the event which the Supplier has incurred.
Effects on the Supplier’s costs in Providing the Goods (excluding
any tax which the Supplier can recover) are assessed separately
for the cost of
people who are employed by the Supplier,
Materials,
subcontracted work,
Equipment,
transport, freight and insurance, and
importation.
Equipment is assessed as amounts paid for hired Equipment and
an amount for the use of Equipment owned by the Supplier which
is the amount the Supplier would have paid if the Equipment had
been hired.
The Supplier shows how each of these effects is built up in each
quotation for a compensation event. The percentages for
overheads and profit stated in the Contract Data are applied to the
assessed effect of the event on the amount of the Supplier’s costs
for Supplier’s people, Materials, work done by subcontractors and
Equipment, but are not applied to the Supplier’s costs for
transport, freight, insurance and importation.
63.3
The effects of compensation events upon the amount of the
Supplier’s costs are assessed at open market or competitively
tendered prices with deductions for all discounts, rebates and taxes
which can be recovered. The following are deducted from the
assessment of compensation events:
payments for events for which this contract requires the
Supplier to insure and
other payments made to the Supplier by insurers.
2nd Revision
Contract Page 13
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
7
CORE CLAUSES
63.4
A delay to the Delivery Date is assessed as the length of time that,
due to the compensation event, delivery is forecast to be delayed.
63.5
If the Purchaser has decided and notified the Supplier that the
Supplier did not give an early warning of a compensation event
which an experienced supplier could have given, the event is
assessed as if the Supplier had given an early warning.
63.6
Assessment of the effect of a compensation event includes risk
allowances for cost and time for matters which are at the
Supplier’s risk under this contract.
63.7
Assessments are based on the assumptions that the Supplier reacts
competently and promptly to the compensation event and that
additional payment and time due to the event are reasonably
incurred.
63.8
A compensation event which is an instruction to change the Goods
Information in order to resolve an ambiguity or inconsistency is
assessed as if the Prices and the Delivery Date were for the
interpretation most favourable to the Party which did not provide
the Goods Information.
63.9
Only a decision of the Adjudicator can change the assessment of a
compensation event after the Purchaser has either accepted a
quotation for it or notified an assessment for it.
Title
Passing of title 70
70.1
70.2
The risk of loss and damage to the goods is transferred from the
Supplier to the Purchaser when the Supplier has fulfilled the
Supplier’s obligations in this contract to deliver the goods.
70.3
The Supplier ensures that when title to the goods passes to the
Purchaser at the times stated in this contract, the title is full and
unencumbered.
Marking goods 71
before delivery 71.1
2nd Revision
Whatever title the Supplier has to the goods passes to the
Purchaser at the same time as the risk of loss and damage to the
goods is transferred to the Purchaser, unless stated otherwise in
the Contract Data.
If this contract identifies that title passes before delivery, the
Supplier’s title to the goods or Materials passes to the Purchaser
when the Purchaser has marked them as for this contract.
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ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
71.2
CORE CLAUSES
The Purchaser marks goods and Materials before delivery if
this contract identifies them for payment before delivery,
and
the Supplier has prepared them for marking as the Goods
Information requires.
Confidentiality 72
72.1
8
The Parties do not disclose information obtained in connection
with this contract except when necessary to carry out their duties
under this contract.
Liabilities, indemnities and insurance
Limitation of liability 80
80.1
The Supplier is not liable to the Purchaser for loss of revenue or
loss of profit except as provided for in this contract if the
Purchaser terminates for reasons 1, 2, 3, 4, or 5.
80.2
For any one event the liability of the Supplier to the Purchaser for
loss of or damage to the Purchaser's property is limited to the
amount stated in Contract Data.
80.3
The Supplier's liability to the Purchaser under or in connection
with this contract arising after
the end of the applicable warranty period and
low performance and delay damages due have been paid
is limited, except in respect of the Supplier causing
death of or injury to a person
loss of or damage to third party property, and
infringement of an intellectual property right,
to the amount stated in the Contract Data. The Supplier has no
further liability to the Purchaser after the period stated in the
Contract Data.
80.4
Indemnities 81
81.1
Exclusion or limitation of liability in this contract applies in
contract, negligence and otherwise and to the maximum extent
permitted in law.
The Purchaser indemnifies the Supplier against claims,
proceedings, compensation or costs payable which are the
unavoidable result of the goods or which arise from
any fault, negligence, breach of statutory duty,
infringement of an intellectual property right, or
interference with any legal right
2nd Revision
Contract Page 15
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
CORE CLAUSES
by the Purchaser or by any person employed by or contracted to
the Purchaser except the Supplier.
81.2
The Supplier indemnifies the Purchaser against other
losses and claims in respect of

death of or injury to a person and

loss of or damage to property (other than the
goods and Materials), and
claims, proceedings, compensation and costs payable
arising from or in connection with the Supplier Providing the
Goods.
81.3
Insurance cover 82
82.1
The liability of one Party to indemnify the other is reduced to the
extent that events which are the other Party's responsibility
contributed to the losses, claims proceedings compensation and
costs.
The Supplier provides insurances in a freely convertible currency
against loss of or damage to the goods and Materials arising at any
stage in the supply of the goods. The Supplier does not provide
the insurance which the Purchaser is to provide as required by the
Terms of Delivery.
82.2
The insurance names the Purchaser as beneficiary and provides
cover for the
full replacement cost, including the amount stated in the
Contract Data for the replacement of any Materials
provided by the Purchaser, and for the
time period required by the Terms of Delivery.
82.3
In addition the Supplier provides insurance against
loss of or damage to Equipment,
liability for loss of or damage to property (except the
goods and Materials), and
liability for bodily injury to or death of a person (not an
employee of the Supplier)
arising from or in connection with the Supplier Providing the
Goods, and against any additional risks stated in the Contract
Data.
Insurance policies 83
83.1
2nd Revision
The Supplier submits policies and certificates for insurance which
the Supplier is to provide to the Purchaser for acceptance as the
Purchaser instructs. A reason for not accepting the policies and
certificates is that they do not comply with this contract.
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ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
83.2
Insurance policies include a waiver by the insurers of their
subrogation rights against directors and other employees of every
insured except where there is fraud.
83.3
The Parties comply with the terms and conditions of the insurance
policies.
If the Supplier does 84
not insure 84.1
9
CORE CLAUSES
The Purchaser may insure a risk which this contract requires the
Supplier to insure if the Supplier does not submit a required policy
or certificate when instructed by the Purchaser to do so. The cost
of this insurance to the Purchaser is paid by the Supplier.
Termination and disputes
Termination and 90
reasons for 90.1
termination
90.2
If a Party wishes to terminate, that Party notifies the other giving
details of the reason. The Purchaser issues a termination
certificate promptly if the reason complies with this contract. After
a termination certificate has been issued, the Supplier does no
further work to complete the supply of the goods or ancillary
services.
Either Party may terminate if the other Party has
become insolvent or its equivalent (Reason 1) or
assigned this contract (Reason 2).
90.3
The Purchaser may terminate if the Purchaser has notified the
Supplier that the Supplier has defaulted in one of the following
ways and the Supplier has not stopped defaulting within two weeks
of the notification.
Substantially failed to comply with this contract (Reason 3).
Substantially hindered the Purchaser (Reason 4).
Substantially broken a health or safety regulation (Reason 5).
The Purchaser may terminate for any other reason (Reason 6).
90.4
The Supplier may terminate if
the Purchaser has not made a payment within ten weeks of
receipt of the Supplier’s application for it (Reason 7) or
the Purchaser has instructed the Supplier to stop or not to
start any substantial work or all work for a reason which is
not the Supplier’s fault and an instruction allowing the
work to restart or start has not been given within eight
weeks (Reason 8).
Procedures on 91
2nd Revision
Contract Page 17
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
termination 91.1
Payment on 92
termination 92.1
CORE CLAUSES
On termination, the Purchaser may employ other people to
complete the supply of the goods and ancillary services. If
applicable, the Supplier leaves the final destination and removes
the Equipment.
The amount due on termination includes
an amount due assessed as for normal payments,
the cost of Materials ordered by the Supplier specifically
for the goods, which cannot be resold or used elsewhere
and of which the Supplier has to accept delivery, and
any amounts retained by the Purchaser.
92.2
Settlement of 93
disputes 93.1
If the Purchaser terminates for Reason 1, 2, 3, 4 or 5, the amount
due on termination also includes a deduction of the forecast
additional cost to the Purchaser of completing the supply of the
goods and ancillary services.
A dispute under or in connection with this contract, which the
Parties have not resolved, is decided by the Adjudicator. Either
Party may submit a dispute to the Adjudicator for decision if
the Party notified the other Party of the dispute within four
weeks of becoming aware of it and
between two and four further weeks have passed since the
notification.
93.2
In reaching a decision, the Adjudicator takes into account
information which each Party provides to the Adjudicator within
two weeks of the submission.
93.3
The Adjudicator notifies the Parties of the decision and of the
reasons for it within four weeks of the submission.
93.4
Unless and until the Adjudicator has given a decision on the
dispute, the Parties proceed as if the matter was not disputed. The
decision is binding until the dispute is finally determined by the
tribunal or by agreement.
The Adjudicator 94
94.1
94.2
2nd Revision
The Adjudicator acts impartially. The Adjudicator decides the
dispute as independent adjudicator and not as arbitrator. The
Adjudicator’s decision is enforceable as a matter of contractual
obligation between the Parties and not as an arbitral award. The
Parties pay the Adjudicator’s charges in equal shares.
Any communication between a Party and the Adjudicator is
communicated also to the other Party. If the Adjudicator’s
decision includes assessment of a cost effect or a delay, the
Adjudicator makes the assessment in the same way as a
compensation event is assessed.
Contract Page 18
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
94.3
Reference to the 95
tribunal 95.1
CORE CLAUSES
If the Adjudicator resigns or is unable to act, the Parties choose a
new adjudicator jointly.
A Party may refer a dispute to the tribunal if
the Party is dissatisfied with the Adjudicator’s decision or
the Adjudicator did not notify a decision within the time
allowed
except that neither Party may refer a dispute to the tribunal unless
the referring Party has notified the other Party of its intention to do
so not more than four weeks after the end of the time allowed for
the Adjudicator’s decision.
2nd Revision
Contract Page 19
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
MAIN OPTION CLAUSES
MAIN OPTION CLAUSES
Option A:
Priced contract with Price List
Identified and 11
defined terms 11.2
(11) The Prices are the amounts stated in the Price column of the
Price List. Where a quantity is stated for an item in the Price List,
the Price is calculated by multiplying the quantity by the
applicable unit price.
(12) The Price for Goods and Services Delivered is the total of
the Price for each lump sum item in the Price List which
the Supplier has delivered and,
where a quantity is stated for an item in the Price List, an
amount calculated by multiplying the quantity which the
Supplier has delivered by the applicable unit price.
In this clause, delivered items means items which
are without Defects which would prevent the Purchaser
from using the goods for the purpose for which they are
intended, and.
which have been delivered in accordance with the
Supplier’s obligations for delivery in this contract.
Assessing 63
compensation 63.10
events
Option G:
Assessments for changed Prices for compensation events are in
the form of changes to the Price List
Term contract
Identified and 11
defined terms 11.2
(13) The Prices are the amounts calculated by multiplying the
quantity by the unit price for each item on the Price List selected
for the Batch
(14) The Price for Goods and Services Delivered for each Batch
is the total of the amounts obtained by multiplying the quantity by
the unit price for each item stated in the Batch Order.
In this clause, delivered items means items which
are without Defects which would prevent the Purchaser
from using the goods for the purpose for which they are
intended, and.
which have been delivered in accordance with the
Supplier’s obligations for delivery in this contract.
2nd Revision
Contract Page 20
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
MAIN OPTION CLAUSES
(15) A Batch is a collection of items selected from the Price List.
(16) A Batch Order is an instruction given by the Purchaser to
the Supplier to provide a Batch.
Interpretation and 12
the law 12.3
The Purchaser's 20
obligations 20.3
20.4
Unless it is stated to apply to the supply of the whole of the goods
and ancillary services, each reference in this contract to delivery,
the Delivery Date, and the warranty period applies to any Batch
of the goods and services included in a Batch Order.
The Purchaser provides a Batch Order to the Supplier for each
Batch the Purchaser requires. A Batch Order may be issued by the
Purchaser at any time before the end date.
Each Batch Order includes
items selected from the Price List
notification as a compensation event of items not on the
Price List and
Contract Data and other information specific to the Batch
Order.
If the Batch Order contains items not on the Price List, the
Purchaser instructs the Supplier to submit the Supplier's quotation
of the final total of the Prices for the Batch.
Compensation events 60
60.2
Assessing 63
compensation events 63.13
2nd Revision
The Purchaser may give an instruction changing a Batch Order.
Each such instruction is a compensation event.
Assessments for changed Prices for compensation events are in
the form of changes to the Price List, or to the Batch Order or to
both the Price List and the Batch Order.
Contract Page 21
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
SECONDARY OPTION CLAUSES
Option X1:
Performance bond
Performance bond
Option X2:
X1.1
Parent company guarantee
Parent company X2.1
guarantee
Option X3:
The Supplier gives the Purchaser a performance bond provided
by a bank or insurer, which the Purchaser has accepted, in the
form set out in the Goods Information and for the amount stated in
the Contract Data. If the bond was not given by the Contract
Date, it is given to the Purchaser within four weeks of the
Contract Date. A reason for not accepting the bank or insurer is
that its commercial position is not strong enough to carry the
bond.
If a parent company owns the Supplier, the Supplier gives to the
Purchaser a guarantee of the Supplier’s performance in the form
set out in the Goods Information. If it was not given by the
Contract Date, it is given within four weeks of the Contract Date.
Multiple currencies
Multiple currencies X3.1
The Supplier is paid in currencies other than the currency of this
contract for the items listed in the Contract Data. The exchange
rates are used to convert from the currency of this contract to
other currencies.
Payments X3.2
Payments to the Supplier in currencies other than the currency of
this contract
do not exceed the maximum amounts stated in the
Contract Data. (Any excess is paid in the currency of this
contract,) and
are made by the Purchaser, subject to receipt of
compliant supporting documentation, either

directly to the bank stated in the Contract Data
(payment method 1), or

as agreed with the Supplier.
Forward cover X3.3
Option X4:
2nd Revision
Unless otherwise instructed, only the Purchaser may provide
forward cover in the foreign exchange market.
Importation
Contract Page 22
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
Payment of X4.1
importation charges
For each item supplied from outside the Purchaser’s country, the
components of the cost of importation shown in the price schedule
are paid at cost by the Purchaser to the Supplier, or paid directly
by the Purchaser to the relevant authority or the authority’s
appointed agent.
X4.2
The Supplier provides original documentation to the Purchaser in
support of the amount due. This documentation includes:
Overseas suppliers’ invoice.
Bill of Entry duly endorsed by the importation authority.
Customs work sheets, showing VAT, duties and
surcharges.
Air Waybill or Bill of Lading with associated landing,
delivery and forwarding order.
Invoice from the importing clearing agent showing airline
fees, landing charges, wharfarge and dock dues.
If requested by the Purchaser, packing lists for cases and
their contents.
Other documentation associated with importation which
may be requested by the duly authorised authority.
X4.3
Option X5:
The Purchaser is not liable to the Supplier for any cost or delay
which the Supplier incurs as a result of matters arising from
importation of the goods or Materials.
Price adjustment for inflation
Defined terms X5.1
(a) The Base Date Index (B) is the latest available index before the
base date.
(b) The Latest Index (L) is the latest available index before the
assessment of an amount due.
(c) The Price Adjustment Factor is the total of the products of
each of the proportions stated in the Contract Data multiplied by
(L-B)/B for the index linked to it.
Price Adjustment X5.2
Factors
If an index is changed after it has been used in calculating a Price
Adjustment Factor, the calculation is repeated and a correction
included in the next assessment of the amount due.
X5.3
The Price Adjustment Factor calculated at the Delivery Date is
used for assessing the amount due after this date.
Compensation events X5.4
If the unit prices and Prices in the Price List are adjusted due to a
compensation event, the Supplier’s payments for compensation
events are assessed using the Supplier’s payments current at the
time of assessing the compensation event adjusted to base date by
dividing by one plus the Price Adjustment Factor for the last
assessment of the amount due.
2nd Revision
Contract Page 23
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
If adjustments are made with each invoice submitted:
Price adjustment X5.5
Each amount due includes an amount for price adjustment which
is the sum of
the Price for Goods and Services Delivered assessed on an
invoice multiplied by the Price Adjustment Factor
applicable at the time of delivery of the items included in
the invoice, and
correcting amounts, not included elsewhere, which arise
from changes to indices used for assessing previous
amounts for price adjustment.
If Prices stated in the Price List are adjusted on each anniversary of the Contract Date:
Price adjustment X5.6
factor
On each anniversary of the Contract Date, the Supplier calculates
a price adjustment factor equal to (L-B)/B, where L is the last
published value of the index and B is the last value of the index
published before the Contract Date.
Price adjustment X5.7
The unit prices and Prices in the Price List are adjusted at each
anniversary by multiplying the unit prices and Prices applicable at
the Contract Date by the price adjustment factor applicable at the
anniversary date.
Assessing the amount X5.8
due
Each amount due is calculated at the unit prices and Prices
applicable at the last anniversary before the goods or service is
delivered in accordance with the Terms of Delivery.
Option X6:
Extending the warranty period
Extending the X6.1
warranty period
If a Defect arises after delivery and before the end of the warranty
period, the Purchaser may notify the Supplier of an extension to
the warranty period equal to the period during which the goods do
not perform as stated in the Goods Information.
X6.2
If parts of the goods are replaced as a result of a Defect arising
before the end of the warranty period, the Purchaser may notify
the Supplier that the extended warranty period applies to the
replaced parts of the goods.
X6.3
The Purchaser notifies the Supplier of extensions to the warranty
period within four weeks of the Defect arising. In any case, the
period between first delivery of the goods and the end of the
extended warranty period does not exceed twice the original
warranty period stated in the Contact Data.
Final acceptance of X6.4
the goods
The Purchaser issues a certificate of acceptance at the later of the
end of the last warranty period and the end of the last defects
correction period.
2nd Revision
Contract Page 24
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
X6.5
Option X7:
SECONDARY OPTION CLAUSES
The certificate of acceptance is either a list of Defects that the
Purchaser has notified before the end of the warranty period, or
extended warranty period, which the Supplier has not corrected or,
if there are no such Defects, a statement that there are none.
Spare and replacement parts
Spare and X7.1
replacement parts
The Supplier makes available for purchase the spares and
replacement parts stated in the Goods Information and needed by
the Purchaser to maintain the goods during its designed working
life.
X7.2
Unless otherwise agreed between the Parties, the purchase price of
the spares and replacement parts is the Supplier’s costs applicable
at the time of purchase to which the percentages for overheads and
profit stated in the Contract Data are applied.
Option X8:
Delay damages
Delay damages X8.1
The Supplier pays delay damages at the rate stated in the Contract
Data for each day from the Delivery Date until delivery in terms
of this contract has been completed.
X8.2
If the Delivery Date is delayed after delay damages have been
paid, the Purchaser repays the overpayment of damages with
interest. Interest is assessed from the date of payment to the date
of repayment.
Option X9: Low performance damages
X9.1
2nd Revision
If at the end of the warranty period the goods show low
performance with respect to a performance level stated in the
Contract Data, the Supplier pays the amount of low performance
damages stated in the Contract Data.
Contract Page 25
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
Option X10: Transfer of rights (e. g. in contracts for the supply of software)
X10.1
The Purchaser owns the Supplier's rights over material prepared
for this contract by the Supplier except as stated otherwise in the
Goods Information. The Supplier obtains other rights for the
Purchaser as stated in the Goods Information and obtains from a
Subcontractor equivalent rights for the Purchaser over the
material prepared by the Subcontractor. The Supplier provides to
the Purchaser the documents that transfer these rights to the
Purchaser.
X10.2
The Supplier may use material supplied by the Supplier under this
contract for other work and may retain for the Supplier's own use
copies of material provided to the Purchaser. In using this
material the Supplier complies with the restrictions and
obligations stated in the Goods Information.
Option X11: Purchaser's Representative
X11.1
The Purchaser's Representative acts on behalf of the Purchaser with the
authority set out in the Contract Data.
Option X12: Provision of a programme
Defined term X12.1
The Accepted Programme is the programme identified in the
Contract Data or the latest programme accepted by the Purchaser.
The latest programme accepted by the Purchaser supersedes
previous Accepted Programmes.
X12.2
If the Accepted Programme is not identified in the Contract Data,
the Supplier prepares and submits a first programme to the
Purchaser for acceptance within the period stated in the Contract
Data. The Purchaser accepts or gives reasons for not accepting a
first programme or a revised programme within two weeks of
submission by the Supplier.
X12.3
A programme submitted by the Supplier includes and shows
The programme
the Delivery Date,
planned delivery,
for each operation, a method statement which identifies
the Equipment and other resources which the Supplier
plans to use,
the order and timing of


2nd Revision
the operations which the Supplier plans to do in
order to Provide the Goods, and
the work of the Purchaser and Others either as
stated in the Goods Information or as later agreed
with them by the Supplier,
Contract Page 26
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
the dates when the Supplier plans to complete work
needed to allow the Purchaser and Others to do their
work,
provisions for




float,
time risk allowances,
health and safety requirements,
the procedures set out in this contract,
the dates when, in order to Provide the Goods in
accordance with the Supplier's programme, the Supplier
will need



acceptances,
Materials and other things to be provided by the
Purchaser, and
access to the final destination.
other information which the Goods Information requires
the Supplier to show on the Accepted Programme.
X12.4
A reason for not accepting a programme is that
the Supplier’s information shown in the programme is
not practicable,
it does not include the information which this contract
requires
it does not represent the Supplier’s plans realistically or
it does not comply with the Goods Information or with
other procedures set out in this contract.
Revising the X12.5
programme
Each revised programme shows
the actual progress achieved on each operation since the
last revision and its effect upon the timing of the
remaining work,
the effects of implemented compensation events and of
notified early warning matters,
how the Supplier plans to deal with any delays and to
correct notified Defects and
any other changes which the Supplier proposes to make to
the Accepted Programme.
X12.6
The Supplier submits a revised programme to the Purchaser for
acceptance
within the period for reply after the Purchaser has
instructed the Supplier to,
when the Supplier chooses to and, in any case,
at no longer interval than the interval stated in the
Contract Data from the Contract Date until delivery of the
whole of the goods and services.
2nd Revision
Contract Page 27
ESKOM HOLDINGS LIMITED SUPPLY CONTRACT
SECONDARY OPTION CLAUSES
Assessing the amount X12.7
due
If no programme is identified in the Contract Data, one quarter of
the Price for Goods and Services Delivered is retained from
payments due to the Supplier until the Supplier has submitted a
first programme to the Purchaser for acceptance showing the
information that this contract requires.
Assessing X12.8
compensation events
The Purchaser assesses a compensation event using the
Purchaser's own assessment of the programme for the remaining
work if
there is no Accepted Programme or
the Supplier has not submitted a revised programme for
acceptance as required by this contract.
Option X13: Quantity discounts (used only with Option G)
X13.1
The Supplier includes in assessments of the amount due a discount
on the Price of goods delivered for each Batch Order in accordance
with the percentage discount and quantity ranges stated in the
Contract Data.
Option X14: Advance payment to the Supplier
Option Z:
X14.1
The Purchaser makes an advance payment to the Supplier of the
amount stated in the Contract Data.
X14.2
The advance payment is made either within four weeks of the
Contract Date or, if an advance payment bond is required, within
four weeks of the later of
the Contract Date and
the date when the Purchaser receives the advance payment
bond.
The advance payment bond is issued by a bank or insurer which the
Purchaser’s Representative has accepted. A reason for not
accepting the proposed bank or insurer is that its commercial
position is not strong enough to carry the bond. The bond for the
amount of the advance payment and in the form set out is in the
Goods Information. Delay in making the advance payment is a
compensation event.
14.3
The advance payment is repaid to the Purchaser by the Supplier in
instalments of the amount stated in the Contract Data. An
instalment is included in each invoice calculated after the period
stated in the Contract Data has passed until the advance payment
has been repaid.
Additional conditions of contract
Z1.1
2nd Revision
The additional conditions of contract stated in the Contract Data
are part of this contract.
Contract Page 28