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LONG TERM ARRANGEMENT (LTA)
LTA No. [Reference number]
[Date]
UNITED NATIONS CHILDREN’S FUND (UNICEF)
Wishes to enter into a Long Term Arrangement with
[Name of Company]
[Address]
[Telephone]
[Fax]
For the purchase of:
[Items/Services]
as stipulated in the attached document
For UNICEF:
For [Supplier/Supplier’s Name]
______________________________
[Name]
[Title]
______________________________
[Name]
[Title]
For UNICEF:
______________________________
[Name]
[Title]
UNICEF’S GENERAL TERMS AND CONDITIONS ATTACHED APPLY
ITB Reference: [Reference Number]
QUERIES TO:
Supply/Procurement Assistant: [Name and e-mail address]
Long term arrangement:
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Validity
Delivery terms
Estimated max value
Payment currency
Payment terms
Item
Material
Annex 03
: [Insert]
: [Insert]
: [Insert]
: [Insert]
: [Insert]
Description
Quantity
Unit
price
Net
value
[Insert]
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CONTRACTUAL PROVISIONS
1. DEFINITIONS
Annex or Annexes means that annex or those annexes attached to and forming an integral
part of the Arrangement.
Commencement Date means [INSERT DATE].
Contractor means [INSERT CONTRACTOR'S FULL NAME].
Expiry Date means [INSERT DATE].
Goods means the [INSERT BRIEF DESCRIPTION OF THE ITEMS] provided by the
Contractor to UNICEF from time to time pursuant to the Contractors receipt of UNICEFs
Purchase Order specifying exact quantities required, in accordance with the specifications
and prices in this Arrangement.
Invitation to Bid as abbreviated to ITB, means ITB No. [INSERT NUMBER] from
UNICEF to the Contractor, to quote for the cost of supply of the Goods to UNICEF.
Long Term Arrangement as abbreviated to LTA, means this agreement between the
Parties, to provide Goods, [DELETE IF NOT APPLICABLE] [whereby
(a) The LTA will be established between UNICEF Supply Division in Copenhagen and
the awarded supplier(s).
(b) UNICEF Supply Division and UNICEF Country Offices will place purchase orders
against the DO LTA, and payment will be made through UNICEF Headquarters (Supply
Division, Copenhagen).]
Parties means UNICEF and the Contractor, their successors and assigns and where not
repugnant to the context, their servants or agents.
Purchase Order or Purchase Orders means the order raised by UNICEF to purchase
Goods in specific quantities from the Contractor from time to time.
Total Price means an amount not to exceed [USD/Euro] [INSERT AMOUNT].
UNICEF means the United Nations Childrens Fund, an international inter-governmental
organisation and its authorised representative or representatives.
Warranty Period means the period of duration of the warranty or warranties in respect of
the Goods, as provided in Clause 17.3.
2. PURPOSE OF LTA
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2.1 The Contractor shall provide Goods to UNICEF as may be required from time to time
pursuant to a Purchase Order or Purchase Orders, and in accordance with the terms and
conditions of this LTA.
2.2 The Contractor acknowledges that:
(a) UNICEF is not obligated to order any minimum quantity of Goods from the
Contractor, pursuant to this LTA.
(b) UNICEF shall not be liable for any cost in the event that no purchase of Goods is
made under this LTA; and
(c) This Arrangement is non exclusive, and UNICEF is entitled to procure the same or
similar Goods from other Contractors, as it sees fit.
3. TERM AND TERMINATION
3.1 The LTA shall be for a term of [INSERT TERM], and shall commence on the
Commencement Date and expire at midnight on the Expiry Date, unless earlier
terminated in accordance with the provisions of this LTA.
3.2 UNICEF shall be entitled to renew the LTA for a further term of [INSERT TERM]
and on the same terms and conditions, by giving the Contractor written notice of its
intention to renew the LTA not less than 30 days prior to the Expiry Date.
3.3 In the event of a breach by one of the Parties, of a provision or provisions of the LTA,
the other party may for valid cause, terminate the LTA upon 30 days written notice to the
party in default, stating the reason for the termination.
3.4 In the event of a termination of this LTA:
(a) The Contractor shall take immediate steps to cease provision of Goods in a prompt
and orderly manner and shall not undertake any forward commitments from the date of
the termination notice;
(b) The Contractor acknowledges that UNICEF shall only pay the Contractor for Goods
satisfactorily provided in accordance with the LTA, to the date of the termination notice.
4. TOTAL PRICE
4.1 UNICEF shall pay the Contractor for each Purchase Order issued and delivery made
in accordance with the terms of this LTA, a sum which shall be based on the quantities
ordered by UNICEF and delivered by the Contractor, at the prices specified in this LTA.
The Contractor acknowledges that total payments by UNICEF under this LTA shall not
exceed the Total Price except if that amount has been increased by amendment in
accordance with Clause 19.1.
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4.2 The Contractor guarantees that the prices specified in this LTA, are the maximum
prices that shall remain firm and shall not be increased during the entire term of the LTA,
provided however that in the event that the Contractor is able to offer UNICEF a
discounted price on placement of bulk orders, the unit prices shall be reduced for specific
Purchase Orders.
5. MOST FAVOURED CUSTOMER PRICE CERTIFICATION
5.1 By signing this LTA we certify that UNICEF, for transactions resulting from this
LTA is not being charged more than other clients for similar equipment and similar
quantities and within similar circumstances.
6. SUPPLY OF THE GOODS
6.1 UNICEF may issue Purchase Orders to the Contractor, from time to time during the
term of this LTA, making reference to this LTA, and setting out the quantities required
and other instructions for the delivery of the Goods.
6.2 The Contractor agrees to supply Goods to UNICEF pursuant to Purchase Orders
received during the term of the LTA, which shall conform with the specifications and the
prices specified in this LTA.
6.3 In the event of UNICEF placing a Purchase Order which the Contractor considers it
cannot substantially meet because of limited quantities of stock or inability to meet the
specifications, before proceeding to make a partial delivery of the Goods, the Contractor
shall seek further written instructions from UNICEF.
6.4 The Contractor shall accept changes to or cancellations of Purchase Orders provided
that reasonable written notice is given by UNICEF in the circumstances and no
production costs have been incurred.
6.5 The Contractor shall cover all transportation costs related to the return and
replacement of Goods, if such Goods are not accepted by UNICEF due to poor quality or
workmanship. Goods returned to the Contractor shall be recorded as credits to UNICEF
and replacements shall be delivered promptly.
6.6 The Contractor undertakes to provide to UNICEF information, upon request,
regarding the date of receipt of each UNICEF Purchase Order, including the Purchase
Order number, as well as detailed delivery status of each UNICEF order, costs to be
charged and payments made by UNICEF or pending.
6.7 The Contractor shall be responsible for providing all the necessary personnel,
equipment, materials and supplies and for making all necessary arrangements for the
performance of its obligations under this LTA.
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6.8 The Contractor acknowledges that time shall be of the essence in performance of the
LTA, and it shall use its best endeavours to abide by the delivery periods as indicated in
Clause 8.2 and as may be specified in Purchase Orders, provided however, that where the
Contractor does not meet the delivery period(s) UNICEF shall be entitled to give the
Contractor notice of its intention to cancel the LTA unless Goods are delivered within a
reasonable and specified time frame.
7. ORDER CONFIRMATION
7.1 The Contractor shall acknowledge receipt of a Purchase Order by signing and
returning the Purchase Order acknowledgement within five working days of its receipt.
8. DELIVERY
8.1 The Contractor shall deliver the Goods [CHOOSE THE APPROPRIATE
INCOTERM - DDU/FCA] to UNICEF in accordance with this LTA and with the
quantities and other instructions specified in the Purchase Orders (for shipping
instructions, refer to clauses 9 (DDU) and 10 (FCA) as appropriate). All risks of loss or
damage to the Goods shall remain with the Contractor until physical delivery takes place
in accordance with the LTA.
8.2 Delivery shall not exceed [SPECIFY THE TIME PERIOD] days from the date of
receipt of a Purchase Order by the Contractor, and the Contractor acknowledges that lead
time for delivery is defined as the time from receipt of a Purchase Order and :
(a) In the case of DDU deliveries - including the manufacturing period and the projected
period for shipment;
(b) In the case of FCA deliveries - the manufacturing period until goods are available for
dispatch from the point of origin.
8.3 Delivery shall only occur upon the arrival of the Goods in accordance with
instructions on a Purchase Order, and verification by UNICEFs personnel and / or its
designated / authorised representatives that the Goods are in a satisfactory condition.
Inspection and verification of the Goods shall be made as soon as reasonably practicable
after receipt and UNICEF shall be entitled to reject and refuse acceptance of the Goods
not conforming to this LTA. Payment for any non conforming Goods pursuant to this
LTA, shall not be deemed an acceptance of the Goods.
8.4 The Contractor acknowledges that any inspection and/or verification of the Goods, by
UNICEF, does not involve the operational and functional status of the Goods.
9. SHIPPING INSTRUCTIONS (DDU COPENHAGEN)
9.1 For DDU orders the delivery date is understood to be the date of delivery to the
UNICEF Warehouse in Copenhagen. Any impediment to delivery must be advised in
writing to UNICEF as soon as possible.
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9.2 For DDU orders, the Contractor shall, in good time to meet the delivery date(s)
specified in the Purchase Order, arrange delivery by the most direct and advantageous
route to the UNICEF Warehouse in Copenhagen.
9.3 The Contractor shall fax full shipping details, and a copy of the packing list and
invoice as soon as these are available to Fax: +45 35 26 57 43.
9.4 A full set of clean on board airway bills/bills of lading and the original packing list
shall be sent by mail to:
Warehouse Receiving Office, UNICEF Supply Division, UNICEF Plads, Freeport, DK
2100 Copenhagen, Denmark (Tel: +45 35 27 34 09).
10. SHIPPING INSTRUCTIONS (FCA Main Port)
10.1 For FCA orders, the Contractor shall, in good time to meet the delivery date(s),
obtain forwarding instructions from the UNICEF appointed forwarding agent, which will
be named in the Purchase Order.
10.2 To ensure that the forwarder without undue delay can arrange dispatch of the
consignment(s), the contractor is required to complete and sign one Notification of
Goods' Readiness per shipment and send the form to the freight forwarder as designated
in this PO; and with a copy to UNICEF. The Notifications shall be sent at least three
working days before the confirmed date of Readiness of Goods.
10.3 Once the Contractor has notified the forwarder about the actual date of goods'
readiness and submitted a complete set of documents, as described herein, the forwarder
shall arrange the shipment within the following time limits;
AIR: Normally within 5 working days
SEA/OVERLAND: Normally within 10 working days
10.4 Any impediment to delivery must be advised in writing to UNICEF and the
forwarder as soon as possible.
11. DOCUMENTS REQUIRED BY FORWARDING AGENT (FCA Main Port)
11.1 The Contractor shall submit the following documents to the UNICEF freight
forwarder:
(a) Four copies of itemised invoice;
(b) Four copies of packing list; (where available)
(c) Any other document/certificate required for export/import of goods.
11.2 In the case of hazardous goods, prior to shipment, the Contractor shall provide the
UNICEF freight forwarder with complete details, including UNICEF material numbers,
quantities, packing requirements, shipping restrictions and UNICEF Purchase Order
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number, together with pertinent hazardous goods documentation, both for domestic and
international transportation.
12. PACKING
12.1 General Packing Requirements
12.1.1 The bidder warrants that the cost of packing is included in the cost offered for the
items.
12.1.2 The successful bidder shall ensure that:
12.1.2.1 The packing is of a sturdy export quality, of virgin base materials and of a
commercial standard that will provide adequate protection of the goods for carriage by
air, sea and/or road to final destinations worldwide, including remote locations under
adverse climatic and storage conditions, and high humidity - i.e. not less than 17kN edge
crush resistance with minimum 60% remaining with 90% humidity at a temperature of
40C (tropical conditions);
12.1.2.2 The packaging unit is strong, able to be stacked to a height of 4 pallets as static
storage and 2 pallets during transport, and resistant to puncturing;
12.1.2.3 All wood packaging, including pallets and boxes, utilised in any shipment, have
undergone the treatment, marking and documentation required to meet the specifications
described in ISPM No. 15: Guidelines for Regulating Wood Packaging Material in
International Trade, available at www.ippc.int.
12.1.2.4 Alternatively, the use of plastic pallets is acceptable. However it is essential that
they possess the same physical features as the wooden pallets described above. (See
pictures of wood and plastic pallets on the UNICEF Internet at
http://www.unicef.org/supply/index_suppliers.html.)
In particular they must have three (3) longitudinal bottom deck lead boards. Feet are
NOT acceptable.
Pallets manufactured from other materials than solid wood or plastic are NOT acceptable;
(such as wood chip, MDF board, ply wood or carton).
12.1.2.5 Deliveries to any destination other than the UNICEF Warehouse, Copenhagen,
Denmark, are packed / palletised in the most cost-effective way to minimise freight costs.
12.1.3 Identification markings
12.1.3.1 All cases, cartons, inner boxes etc. must be clearly marked as follows:
a) Purchase Order Number (optional for inner boxes);
b) UNICEF Material Number (If applicable);
c) Description of contents;
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d) Quantity per carton;
e) Gross Weight;
f) Cubic Measurement;
g) Batch Number Reference (if applicable);
h) IMCO classification (if applicable);
i) Manufacturing Date (if applicable);
j) Expiry Date (if applicable).
This clause does not apply for deliveries to UNICEF Warehouse, Copenhagen, Denmark;
for deliveries to UNICEF Warehouse, Copenhagen, Denmark clause 12.2.2.1 refers.
12.1.3.2 No carton may contain items from more than one manufacturing batch. Cartons
containing non-uniform contents must be specially marked with red at the top corners. No
carton shall contain more than 1 batch.
12.1.3.3 The size of the markings and labels must not exceed A5 (210 x 148 mm).
12.1.3.4 Case identification as requested on the order must be mentioned on all invoices.
12.2 Packing Requirements for deliveries to UNICEF Warehouse, Copenhagen, Denmark
12.2.1 Palletisation
12.2.1.1 Unless otherwise agreed, all deliveries to the UNICEF Warehouse, Copenhagen,
Denmark, must be on non returnable EURO size pallets ISO 445/EN 13698-1 and have
the following nominal dimensions: 1200 x 800 x 144 mm (L x W x H). Alternatively,
pallets with nominal measurements: 1200 x 1000 x 144 mm (L x W x H) can be used if
this size matches the cartons better. Tolerances according to standard for the above
measurements are: L and W: +/- 3 mm. H: +7/-0 mm.
In order to optimize container loading, the width of the pallets can be reduced to 750 mm.
12.2.1.2 Goods which do not fit on a EURO size pallet because of their size shall be
delivered on pallets commensurate with the dimensions of the goods. This must be agreed
in advance by the UNICEF Warehouse & Logistics Officer.
12.2.1.3 The palletised goods must not exceed the length and width of the pallet as
described in 12.2.1.1 unless otherwise agreed. Any deviation from above measurement,
necessitated by the physical properties of the goods, must be agreed upon, in writing,
prior to shipping.
The recommended and maximum combined height of the pallet and the palletised goods
is 1050 mm in order to optimise container loading.
12.2.1.4 The goods shall be securely packed and stacked on the pallet and either shrinkwrapped or strapped.
12.2.1.5 If the goods are batch managed, each pallet/carton shall contain one batch only.
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12.2.2 Markings and labelling requirements:
12.2.2.1 The pallets, outer and inner cartons shall be marked with:
a) UNICEF purchase order number (optional for inner cartons)
b) UNICEF material number
c) Quantity
d) Batch number, if applicable
e) Manufacturing date, if applicable
f) Expiration date, if applicable
12.2.2.2 For pallets and outer cartons, the markings shall be in both text format and
contained in a barcode label in accordance with barcode standard EAN128. The height of
the barcode shall be minimum 15 mm. Inner cartons shall also be barcode labelled.
The pallet barcode label shall be placed at each of the two short sides of the pallet,
outside the shrink-wrapping, if any at the top right corner.
12.2.2.3 Only the following identifiers (listed in brackets) in relation to barcode labelling
shall be used. Where alternative is indicated, only one of these shall be used.
(400) Purchase order number
(93 or 240) Material number
(37) Quantity
(10) Batch number
(11) Manufacturing date
(12 or 17) Expiration date
12.2.2.4 The date format shall follow one of the following standards:
DD/MM/YYYY
DD/MM/YY
MM/YYYY
MM/YY
12.2.2.5 Successful bidders shall send a sample of a barcode label for approval prior to
any shipment to UNICEF Warehouse. The sample shall be sent to: UNICEF Warehouse,
Copenhagen, Denmark, Attention: Warehouse & Logistics Officer. It is also possible to
obtain a sample barcode label from UNICEF by contacting the WLC Officer.
12.2.3 Successful bidders who do not comply with UNICEFs particular packing
requirements for deliveries to the UNICEF Warehouse, Copenhagen, Denmark, as
outlined in clauses 12.2 shall be invoiced the extra cost on arrival at UNICEF. The
current
fees
are
available
on
UNICEF
Internet
(http://www.unicef.org/supply/index_suppliers.html). UNICEF also reserves the right to
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reject non compliant shipments. All additional costs in relation to the rejection of the
shipment shall be borne by the supplier.
13. PACKING LIST
13.1 All markings must be reflected in the packing list to be completed at time of
shipment. The packing list shall indicate the manufacturing batch number (where
applicable) and cross-reference to the carton numbers, pallets, and containers. One copy
of the packing list must be included with the shipment and another copy shall accompany
the shipping documents.
13.2 Any exemptions granted in relation to the packing specifications under 12.1 and
12.2 shall be clearly stated on the packing list.
14. DANGEROUS GOODS
14.1 The handling and transport of dangerous goods is subject to rules and regulations
based on international transport agreements (ADR, RID, IMDG Code, IATA DGR,
ICAO) in order to prevent injury to persons, damage to cargoes and living resources.
Hence, should any products comprised in this LTA be classified as dangerous goods, it is
the Contractor's responsibility to ensure that the goods are packed and labelled correctly,
transported safely and accompanied by the necessary transport certificates during
shipment.
15. CONSULAR/CUSTOMS INVOICES (FCA Main Port)
15.1 In accordance with agreements between UNICEF and most countries of destination,
UNICEF supplies and equipment do not require Consular or Customs invoices. Certain
consulates, however, insist on legalisation but in this case no consular fee is payable.
ALL documents should clearly indicate the UNICEF Purchase Order number and country
of destination.
16. PAYMENT
16.1 The Contractor shall submit invoices to the UNICEF Supply Division,
Finance/Invoice Verification Unit, UNICEF Plads, Freeport, DK 2100 Copenhagen,
Denmark, (Tel: +45 35 27 35 27) for all Goods ordered and delivered to UNICEF,
together with supporting documentation to the effect that UNICEF has received delivery
of the Goods in the quantities invoiced, namely:
(a) Itemised invoice (original);
(b) Packing list;
(c) For FCA deliveries, proof of delivery to the freight forwarder (transport document or
Forwarder's Certificate of Receipt (FCR)).
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16.2 Unless otherwise authorised by UNICEF, a separate invoice must be submitted in
respect of each Purchase Order issued pursuant to this LTA and the Contractor shall
ensure that all invoices:
(a) Are submitted in English;
(b) Are payable in [CHOOSE - USD/Euro]
(c) Refer to LTA No. [INSERT LTA NUMBER] and the Purchase Order pertinent to
each particular delivery of Goods;
(d) Provide clear and specific details of the Goods that have been provided pursuant to a
specified Purchase Order number;
(e) Clearly state the deliveries that they cover.
16.3 Provided that the Contractor has performed its obligations under this LTA to the
satisfaction of UNICEF, and has submitted to UNICEF invoices and other supporting
documentation required by this LTA, UNICEF shall, unless otherwise specified in this
LTA or the Purchase Orders, make payment within 30 days receipt of:
(a) The Contractors invoice for the Goods; and
(b) The actual Goods, including copies of the customary shipping documents and other
documents specified in this LTA;
whichever (a) or (b) is the latter, [INSERT ONLY IF CONTRACTOR HAS OFFERED
A PROMPT PAYMENT DISCOUNT - provided however that if UNICEF makes
payment within [INSERT PERIOD] of receipt of the items referred to above, a
[SPECIFY PERCENTAGE] discount shall apply and shall be credited to UNICEF by the
Contractor.]
16.4 Payments for the Goods shall be deposited into the Contractors bank account as
specified in the invoice(s), or by cheque.
16.5 UNICEF shall not pay any charge for late payment unless expressly agreed to in
writing.
17. WARRANTIES
17.1 The Contractor shall assign UNICEF with all manufacturers warranties, including
but not limited to the warranty that the Goods shall be free of defects.
17.2 The Contractor warrants to UNICEF that:
(a) The Goods shall be new and factory packed and shall conform to the LTA
Documents, and in particular to the specifications in this LTA, and shall be fit for the
particular purpose(s) for which they are intended as set out in the LTA Documents;
(b) The Goods are free from defects in workmanship and materials;
(c) The Goods are contained or packaged in a manner adequate to protect them;
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(d) It has not and shall not enter into any agreement or arrangement that restrains or
restricts UNICEFs or the ultimate recipient's rights to use, sell, dispose of or otherwise
deal with any item that may be acquired under any resulting LTA;
(e) It has the personnel, experience, qualifications, facilities, financial resources and all
other skills and resources to perform its obligations under this LTA.
(f) Breach of any of these warranties is a breach of a fundamental term of the LTA.
17.3 The Warranty Period shall commence after UNICEFs acceptance of a delivery made
by the Contractor under this LTA by UNICEF and or / its designated / authorised
representatives, and shall terminate 12 months after delivery has been made, or within
such longer period of time as may be prescribed by law or by the terms of any applicable
warranty required by the LTA Documents.
17.4 If, during the Warranty Period, the Goods or any part thereof purchased under this
LTA are found by UNICEF to be defective or found not to conform with the LTA
Documents, UNICEF may so notify the Contractor in writing and in this event, the
Contractor shall, promptly and at its own expense, correct the defect(s) and non
conformity(y)(ies). If defect(s) and non conformity(y)(ies) cannot be corrected, the
Contractor shall, at UNICEFs discretion, either replace the defective materials or
reimburse UNICEF promptly.
17.5 The Contractor acknowledges that:
(a) UNICEF may further distribute the goods supplied to its Programme partners,
including procurement services customers;
(b) The benefit of any warranties provided and liabilities entered into with UNICEF, shall
be passed on by UNICEF to its Programme partners, including Procurement Services
customers.
18. INSPECTION OF FACILITIES
18.1 The Contractor shall permit UNICEF, or any other representative as may be
designated by UNICEF, to have access to the manufacturing facilities of the Goods, at all
reasonable times to inspect the manufacturing site and processes for the production,
quality control, quality assurance and packing of the Goods. The Contractor shall provide
reasonable assistance to the representative for such appraisal, including copies of any
documentation as may be necessary. UNICEF reserves the right to reject any Goods that
do not conform to the required specifications.
18.2 The inspection may be carried out in conjunction with the appropriate National
Authority.
19. LTA AMENDMENTS
19.1 No modification of, or change in this LTA or waiver of any of its provisions or
additional contractual relationship with the Contractor shall be valid and enforceable
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against UNICEF unless affected by an amendment to this LTA signed by the Contractor
and the UNICEF Chief Contracting Officer.
20. RIGHTS OF UNICEF
20.1 In case of failure by the Contractor to perform under the terms and conditions of this
LTA, including but not limited to failure to obtain necessary export licences or to make
delivery of all or part of the Goods by the delivery date or dates, UNICEF may, after
giving the Contractor reasonable notice to perform and without prejudice to any other
rights or remedies, exercise one or more of the following rights:
(a) Procure all or part of the Goods from other sources, in which event UNICEF may
hold the Contractor responsible for any excess cost occasioned thereby. In exercising
such rights UNICEF shall mitigate its damages in good faith;
(b) Refuse to accept delivery of all or part of the Goods;
(c) Terminate the LTA without any liability for termination charges or any other liability
of any kind of UNICEF;
(d) For late delivery of Goods or for items which do not meet UNICEFs specifications
and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and
deduct 0.5% of the value of the Goods pursuant to a Purchase Order per additional day of
delay, up to a maximum of 10% of the value of the Purchase Order. The payment or
deduction of such liquidated damages, shall not relieve the Contractor from any of its
other obligations or liabilities pursuant to this LTA or a Purchase Order.
21. NOTICES
21.1 Any notice to be given to the Parties, shall be sent in writing to:
[INSERT NAME], Contracts Officer
UNICEF
UNICEF Plads, Freeport, DK 2100 Copenhagen, Denmark
Fax: + 45 35 26 94 21
Tel: + 45 35 27 [INSERT NUMBER]
in the case of UNICEF, or
[INSERT CONTRACTOR'S NAME]
[INSERT CONTRACTOR'S ADDRESS].
Attn: Manager
Fax: [INSERT FAX NUMBER]
Tel: [INSERT PHONE NUMBER]
in the case of the Contractor, or to such other addresses as the Parties may provide in
writing from time to time. Notices shall be effective when received.
22. UNETHICAL BEHAVIOUR
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22.1 UNICEF strictly enforces a policy of zero tolerance concerning unethical,
unprofessional or fraudulent acts of UNICEF suppliers / contractors. Accordingly, any
registered company that is found to have undertaken unethical, unprofessional or
fraudulent activities will be suspended or forbidden from continuing business relations
with UNICEF.
23. CORRUPT AND FRAUDULENT PRACTICES
23.1 UNICEF requires that all suppliers / contractors associated with this purchase order /
contract observe the highest standard of ethics during procurement and execution of the
work. In pursuance of this policy UNICEF
(a) Defines for the purpose of this provision the terms set forth as follows:
(i) Corrupt practice means the offering, giving, receiving or soliciting of any thing of
value to influence the action of a public official in the procurement process or in the
execution of a contract, and
(ii) Fraudulent practice means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the client, and
includes collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the client of the
benefits of free and open competition;
(b) Will reject a proposal for award if it determines that the selected supplier / contractor
has engaged in any corrupt or fraudulent practices in competing for the contract in
question;
(c) Will declare a supplier / contractor ineligible, either indefinitely or for a stated period
of time, to be awarded a UNICEF-financed contract if at any time it determines that it has
engaged in any corrupt or fraudulent practices in competing for, or in executing a
UNICEF-financed contract.
24. OFFICIALS NOT TO BENEFIT
24.1 The supplier / contractor warrants that no official of UNICEF or the United Nations
has received or will be offered by the supplier / contractor any direct or indirect benefit
arising from this contract or the award thereof. The supplier / contractor agree that breach
of this provision is a breach of an essential term of the contract.
25. GUIDELINES ON GIFTS AND HOSPITALITY
25.1 Suppliers / contractors shall not offer gifts or hospitality to UNICEF staff members.
Recreational trips to sporting or cultural events, theme parks or offers of holidays,
transportation, or invitations to extravagant lunches or dinners are also prohibited.
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Book G: Chapter 7, Section 11 - Template for LTA
Annex 03
26. GENERAL TERMS AND CONDITIONS
26.1 The UNICEF General Terms and Conditions attached shall apply to all Purchase
Orders subsequently issued pursuant to this LTA. In the case of any inconsistencies, the
following order of precedence shall prevail:
(a) The Purchase Order
(b) The LTA.
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Book G: Chapter 7, Section 11 - Template for LTA
Annex 03
GENERAL TERMS AND CONDITIONS
[GENERAL TERMS AND CONDITIONS FOR GOODS OR FOR
SERVICES MUST BE INSERTED!!! BOTH ARE AVAILABLE ON
THE INTRANET]
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