Contoh Kontrak (Bekalan) USM

CONTRACT
FOR
THE SUPPLY, DELIVERY, INSTALLATION AND COMMISSIONING
OF …… TO THE …………
BETWEEN
UNIVERSITI SAINS MALAYSIA
AND
……………………
FORM AND CONDITIONS OF CONTRACT
 Table of Contents

Condition 1 - Scope of Contract...................................... 4

Condition 2 – Contract Agreement..................................... 4

Condition 3 - Quantity............................................... 4

Condition 4 - Change In The Contract Price........................... 5

Condition 5 - Samples Testing And Packing.............................6

Condition 6 - Removal And Replacement................................ 6

Condition 7 - Deliveries (For GIF Purchases Only).................... 7

Condition 8 - Delay In Supply And Delivery........................... 7

Condition 9 - Powers................................................. 8

Condition 10 - Payment............................................... 9

Condition 11 - Alteration In The Specification Designs And Drawings...9

Condition 12 - Sub-Contracting...................................... 10

Condition 13 - Assignment............................................10

Condition 14 - Indemnity............................................ 10

Condition 15 – Advertisment..........................................11

Condition 16 - Stamp Duty........................................... 11

Condition 17 - Extension Of The Contract Period..................... 11

Condition 18 - Security Deposit......................................11

Condition 19 - Arbitration.......................................... 12

Condition 20 - Termination Of The Contract........................ 13

Condition 21 - Proper Law........................................... 14

Condition 22 -Acceptance Of Items................................... 14

Condition 23 - Guarantee And Maintenance Period.................... 14

Condition 24 - Transport And Delivery (For CIF Purchase Only)...... 14

Condition 25 - Liquidated Damages................................... 15

Condition 26 - Termination Of Default............................... 15

Condition 27 - Force Majeure:....................................... 16

Condition 28 - Responsibilities Of Contractor & The Universiti...... 16

Condition 29 - FOB - Transportation & Documentation................ 18

Appendix 1 - Arahan Perkapalan .................................... 23

Appendix 11 - Particulars Regarding Imported Tendered Goods........ 26

Universiti Sains Malaysia Contract No..........................................

A CONTRACT made the ........................... day of .................. 20...

BETWEEN............................................................of ( or whose

Registered office is situated at)...............................................

hereinafter called "the Contractor" of the one part, AND the Universiti Sains
Malaysia, hereinafter called "the University" of the other part.

WHEREAS the University is desirous of purchasing equipment for the Universiti

Sains Malaysia (hereinafter called "the Articles") and has caused the Schedule
of Stores and Specifications describing the articles to be supplied.

AND WHEREAS the said Schedule of Stores and Specifications and Letter of
Acceptance of Tender have been signed by or on behalf of the parties hereto:-

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. The Agreement shall continue to be in force for a period of

..............from the ................ Day of.............. 20... to the
................... Day of.............. 20... (Both days inclusive.)

2. For the consideration hereinafter mentioned the Contractor will upon and
subject to the Condition annexed hereto execute and complete the supply
of the articles referred to in the said Schedule of Stores, Specifications
and Conditions and deliver the same to Universiti Sains Malaysia, free of
all charges.

3. Notwithstanding the-date of this Agreement, this Agreement, shall be

deemed to have come. into force and to have had effect as from
the....................day of .....................20....

4. The University will pay the Contractor the sum of Ringgit

Malaysia....................................................
(RM ) or such other sum as shall become payable
hereunder at the times in the manner specified in the said Conditions and
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hereinafter referred to as the Contracts Sum.

5. The term "Contract" wherever used herein and in all contract documents
shall mean the documents forming the tender and acceptance thereof
together with the documents referred to therein including the Conditions
annexed hereto, the Specification and all these documents taken together
shall be deemed to form one contract and shall be complementary to one
another.

6. The term "Superintending Officer" (or the initial S.O.) wherever used
hereinafter and in all contract documents shall mean the Vice Chancellor,
Universiti Sains Malaysia and his successors in office or other persons
as may be deputed by him to act on his behalf for the purpose of this
contract.

7. The term "Approved" and "Directed" wherever used hereinafter and in all
contract documents shall mean the approval and direction in writing of the
Superintending Officer.

8. The term "commencement date" means the date from which this
Agreement is deemed to have come into force and to have had effect
pursuant to condition 3 hereof.

9. The term "Contractor" wherever used here in and in all contract

documents shall mean the person or persons, partnerships, firm of
company whose tender has been accepted and who has or have signed
this Contract and shall include his or their heirs, executors, administrators,
assigned, successors and duly appointed representative.

As witness our hands the day and year first above written.
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Signed by the said*

.............................. ................................

(Contractor's Signature & Chop)

in the presence of:

Name:.......................... .................................

(Witness) (Signature of Witness)

Address:........................

........................

Descriptions:...................

Signed by the said**

..................................... ............................

for and on behalf of the University (Officer's Signature)

in the presence of:

Name: ................................ ............................

(Witness) (Signature of Witness)

Address:.............................

.............................

Descriptions:........................

*Contractor’s name in block capitals.

** Officer’s official designation
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UNIVERSITI SAINS MALAYSIA

CONDITIONS OF CONTRACT

1. SCOPE OF CONTRACT

1.1 The Contractor shall carry out and complete the supply and
installation of alf stores in accordance with the provisions of this
Contract in every respect and in accordance with the directors
and satisfaction of the Superintending Officer stated herein.

2. CONTRACT AGREEMENT

1.2 The Contract Agreement and the Schedule aforesaid shall

remain in the custody of the University and shall be produced as
and when required by the Contractor. The Superintending
Officer shall furnish to the Contractor one copy of the signed
Contract Agreement and the Schedule, free of cost.

3. QUANTITY

3.1 Any statements given in the Schedule as the total quantities of

any stores likely to be required during the period of this contract
shall be deemed to be approximate only and the Superintending
Officer shall be under no obligation to purchase such quantities.

3.2 All orders for stores to be supplied under this contract shall be
given from time to time, in writing, by the Vice Chancellor or his
representative on the University's purchase order form
(hereinafter referred to as "the order"). All such orders shall
clearly state the details and nature of the stores to be supplied
and shall also state the amount calculated at the rate in the
Schedule that shall become due to the Contractor on the
satisfactory completion of. delivery of alf stores specified in such
order. On satisfactory completion of such delivery the
Contractor shall return the order relating.t0 same to the
Superintending Officer who shall certify the same for payment to
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the Contractor at the time and in the manner hereinafter provided.

On receipt of any order the Contractor shall commence delivery

of the stores referred to therein and complete the same as
expeditiously as possible and in case within the period stated in
the Schedule of Stores.

3.3 Apart from the quantity stated in this Contract, the Contractor
shall, if required, supply additional quantities at the same price
as and when ordered during the period of this contract not
withstanding that the same is not mentioned in this contract.

3.4 The Contractor shal! place his order for his equipment within two
(2) weeks from the date of the University's purchase order.

4. CHANGE IN THE CONTRACT PRICE

4.1 If at any time after the date of acceptance of the Contractor's

Tender for this contract there is any increase or decrease in the
value of money, any existing tax, duty, tariff, freight, insurance or
if there is any additional tax, duty, tariff, surcharge of the like
imposed under statutory obligations, then on the application of
either party to this contract, any variations thereby caused to the
prices of any stores named in the Schedule shall be adjusted by
way of increase or decrease as the case may be.

4.2 Provided that no such adjustment as aforesaid be made to the

prices of.any stores which has been supplied and delivered
before the date of the application above mentioned.

4.3 Provided further that the Contractor shall when required by the
Superintending Officer, produce documentary proof in support of any claims which
made in respect of and circumstances referred to in 4.1 above.

Whether or not the Contractor is required to produce the proof

as aforesaid the decision of the Superintending Officer as to the
amount of increase or decrease shall be final.
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5. SAMPELS TESTING AND PACKING

5.1 At any time after the signing of this Contract the Superintending
Officer shall be at liberty to call free of charge for samples of any
stores to be supplied under this Contract for approval and for
such further samples as are required until the samples
submitted are in his opinion in accordance with the Schedule.
Samples after approval shall indicate the standards to be
maintained for the duration of this Contract. If in the opinion of
the Superintending Officer any stores supplied under this
Contract are not in accordance with the Schedule or with any
approved samples, the Superintending Officer reserves the right
to submit any such stores to expert examination and/or test and
all costs in connection there with shall be borne by the
Contractor unless such examination and/or test shows that the
said stores are in accordance with the schedule or with the
approved samples.

5.2 All stores shall be supplied in such packing or containers or

otherwise as may be indicated in the Schedule and such
packing or containers shall in every way may be adequate for
their purpose and to the satisfaction of the Superintending
Officer who shall be at liberty to call for additional or alternative
packing or containers for any particular stores.

6. REMOVAL AND REPLACEMENT

6.1 The Contractor shall at his own cost and when so notified in
writing by the Superintending Officer, remove and replace any
stores that are found on delivery to be damaged, defective or in
any way inferior to approved samples or not in accordance with
the Schedule, failing which the Superintending Officer shall have
the right o purchase replacements else where or make good any
damage in any manner he deems necessary and all costs
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thereby incurred shall be recoverable from the Contractor by

deduction form any money due or become due to the Contractor
under this Contract or as liquidated damages in money.

7. DELIVERIES (For CIF Purchase Only)

7.1 The Contractor shall deliver the stores to be supplied under this
Contract to the places stated in the Schedule together with
delivery note in duplicate and shall obtain a receipt thereof from
the Superintending Officer on the copy of the note. The issue of
such receipt in no way relieves the Contractor from his
responsibility for replacing defective or damaged articles under
Clause 7.2 hereof.

7.2 The Contractor shall issue, with every consignment delivered, a

certificate, to the effect that the quality or the stores delivered is
not inferior to the samples supplied and is in accordance with
the specifications stipulated in the tender.

8. DELAY IN SUPPLY AND DELIVERY

8.1 Delivery of goods and performance of services shall be made by

the Contractor in accordance with the time schedule specified by
the Superintending Officer in its Schedule of Stores.

8.2 In the event of the successful contractor failing to complete

supply, delivery and installation of the items within the stipulated
period from the date of issue of indent/Purchase Order Form the
Contractor shall be liable to any or all of the following sanctions:-
forfeiture of its performance security, imposition of liquidated
damages and for termination of the Contract for default.

8.3 If at any time during the performance of the Contract, the

Contractor should encounter conditions impending timely
delivery of the goods and performance of services the
Contractor shall promptly notify the Superintending Officer in
writing of the fact of the delay, its likely duration and its cause(s).
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As soon as practicable after receipt of the Contractor notice, the

Superintending Officer shall evaluate situation and may at its
discretion extend the Contractor's time for performance. Any
request for extension by the Contractor shall be made one (1)
month before the expiry of the Contract. Requests for extension
within one (1) month of Contract expiry shall not be entertained.

9. POWERS

9.1 In the event that the stores are of inferior quality or in other
respect are of different quality than those specified in the
Schedule or of failure by the Contractor to supply and deliver
any stores named in the Schedule, other than in the
circumstances provided for in Sub-Clause 8.1 above, the
Superintending Officer shall have the right to reject all or any
such stores and obtain such stores from other sources and all
increased costs thereby incurred shall be deducted from any
monies due or to become due to The Contractor under this
Contract or shall be recoverable as a liquidated demand in.
money: provided that the recovery of such increased costs
aforesaid shall be limited to the quantity of such stores as is
stated in the Schedule or is purchase, after the Contractor's
failure to supply during the period of this Contract, whichever the
lesser.

9.2 The Contractor when required must cause the stores rejected to
be removed at his own expense. If they are not removed within
28 days after the notification of rejection, the Superintending
Officer may return the stores to the Contractor and the
Contractor shall bear all the expenses incurred thereby.

9.3 If the stores supplied by the Contractor is of inferior quality or

found to be defective or do not meet the specification as
mentioned in the tender or if the Contractor fails to supply the
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stores in accordance with the Conditions of the Contract, the

University reserves the right to terminate the contract, the
demand compensation for the loss suffered which amount shall
be determined by the Superintending Officer. The amount of
compensation shall be proportionate to the loss suffered by the
University and is deductible from whatever money due or to
become to the Contractor under this Contract.

9.4 Whatever steps taken by the University as mentioned in this

clause is done without prejudice to its right to claim demand for
breach of this contract.

10. PAYMENT

10.1 Payment of each of the items will be made within thirty (30) days
of any stores ordered under this Contract and upon presentation
by the Contractor of his bills, certificates of acceptance and the
Superintending .Officer's official acknowledgement that the
goods have been received installed, commissioned, and found
to be in proper working condition, the University will make
payment to the Contractor's of the full value of all stores so
delivered, provided that no payment shall be considered as
evidence of the quality ~of any stores to which such payment
related nor shall it relieve the Contractor from his responsibilities
under Clause 6, 7,8 & 9 thereof.

10.2 The University shall be entitled to deduct from any such

payment any monies which the Superintending Officer certifies
are due to University by the Contractor for any reason of any
default or breach of contract by the Contract.

11 ALTERATION IN THE SPECIFICATION DESIGNS AND DRAWINGS

11.1 The University at all times reserves the right to.alter.from time to
time the specifications, designs and drawings mentioned in this
Contract and future supply of the equipment or stores must be in
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the conformity with the altered specification designs and

drawings.

11.2 If in the event that such alterations is aforesaid resulting in the

increase or decrease in the cost of production or as to the time
required for the production, the Contract price and the period of
supply and delivery of these equipment of store affected by such
alterations shall be altered by the agreement of both parties.

11.3 In all other respects the provisions of this Contract shall remain
in full force in regard to any stores not affected by such
circumstances aforesaid.

12. SUB-CONTRACTING

12.1 The Contractor shall not without the written consent of the
Superintending Officer obtain, assign this Contract or sub-
contractor all or any portion of the works, provided that such
consent shall not be unreasonably with held to the prejudice of
the Contractor. In the event of any portion of the works being
sub-Contractor with the written consent of the Superintending
Officer the Contractor shall be solely and personally responsible
for the due observance by such authorized sub-contractors of all
the terms, stipulation and conditions here in expressed.

13. ASSIGNMENT

13.1 The Contractor shall not transfer or assign this Contract or any
part thereof or assign, charge, mortgage or transfer any of the
monies due to be paid or to become due to paid under this
Contract or any benefit arising there from or may arise from this
Contract without first getting the consent of the Superintending
Officer.

14. INDEMNITY.

14.1 The Contractor shall indemnify the University from and against
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all payments action, cost damages, liabilities, loss and court

action which may be borne by or imposed upon the University as
a direct or indirect result of the breach of this Contract by the
Contractor. If the number of Contractors is two or more the
liabilities under this Clause shall be joint and several.

14.2 The Contractor shall indemnify the University against any action
for breach of any copyright or registered designs (which are
published at the date of this Contract) on account of the use or
sale of any equipment or store supplied by the Contractor under
this Contract and against all cost and damages which the
University may be responsible in such an action. Provided
always that no indemnity shall be insured by virtue of this clause
by the Contractor for following the designed or direction given by
the University.

15. ADVERTISEMENT

15.1 No advertisement pertaining to this contract shall be published in

any newspaper, articles or other media unless the proposed
advertisement shall first be submitted to and approved by the
Superintending Officer.

16. STAMP DUTY

16.1 The requirement of the Stamp Ordinance No. 59 of 1949 or any

statutory modifications or reenactments thereof for the time
being in force must be complied with by the Contractor in so for
as they are relevant to this Contract.

17. EXTENSION OF THE CONTRACT PERIOD

17.1 On the agreement of both parties, the period of this Contract

may be extended from time to time.

18. SECURITY DEPOSIT

18.1 The Contractor for the due and faithful performance of this
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Contract shall deposit with the University the cash amount (if
any) stated, in the Schedule and hereinafter referred to as the
Security Deposit. It is agreed that the University may utilize and
make payments out of or deductions from the said Security
Deposit in accordance with the terms of this Contract.

18.2 The Security Deposit (or any balance thereof remaining for the
credit of the Contractor) shall be released twelve (12) months
after either the expiry of the contract or the fast delivery of the
goods, whichever is the later.

19. ARBITRATION

19.1 Provided always that in case disputes arise between University

or the Superintending Officer on its behalf and the Contractor,
whether during the progress or after completion of or after the
determination or breach of the Contract or as to any matter or
thing arising there under or as to the with holding by the
Superintending Officer of any certificates to which the Contractor
may claim to be entitled, then the Superintending Officer shall
determine such dispute or differences by a written decision
given to the Contractor. The said decision shall be final and
binding on the parties unless the Contractor within 21 days of
the receipt thereof by written notice to the Superintending Officer
disputes the same in which case or in case the Superintending
Officer for 21 days after written request to him by the Contractor
fails to give a decisions aforesaid, such dispute or difference
shall be referred to the arbitrator and final decision of a person
nominated and appointed by agreement between the
Superintending Officer and the Contractor, or in the event of his
death or unwillingness or inability to act or if the Superintending
Officer and the Contractor fail to agree, of an arbitrator
nominated by the chief executive officer of the university
providing the funds for the Contract and the award of such
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arbitrator shall be final and binding on the parties. Such

reference, except on the question of payments shall not be
commenced until after the completion or alleged completion of
the Contract unless with the written consent of the
Superintending Officer and Contractor. The Arbitrator shall have
power to review and revise any certificate, opinion, decision,
requisition or notice and to determine all matters in dispute
which shall be submitted to him and of which notice shall have
been given as aforesaid, in the same manner as if no such
certificate, opinion, decision requisition or notice had been given.
Upon every or any such reference the costs of an incidental to
the reference and award shall be in the discretion of the
Arbitrator, who may determine the amount thereof or direct the
same to be taxed as between solicitor and client or as between
party and party, and shall direct by whom and to whom and in
what manner the same shall be borne and paid. This
submission shall be deemed to be submission to arbitration
within the meaning of the Arbitration Ordinance 1952 or any
statutory modifications or reenactments there of for the time
being in force.

20. TERMINATION OF THE CONTRACT

20.1 Upon the giving of a written notice to the Contractor of its

intention to do so the University may terminate this Contract:-
.(a) If the Contractor commits a breach of any of the
Conditions stipulated in the Contract; or

(b) If the Contractor shall become bankrupt or in the case of

a company or association become insolvent or go into
liquidation voluntarily or otherwise make any
arrangements with his creditors or a receiver is appointed
on behalf of its debenture holders; or

(c) If the University has reasons to believe that the

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Contractor or any. person employed by him or his agent

(whether within the knowledge of the Contractor or not)
has committed an act of corruption.
Provided always that the termination of the Contract by
this Clause does not in any way prejudice the University
of its right to claim any damages or compensation.

21. PROPER LAW

21.1 This Contract is to be construed and governed by the laws of

Malaysia.

22. ACCEPTANCE OF ITEMS

22.1 No acceptance is to be made until the items have been

inspected by the Superintending Officer or his representative to
whom they are delivered.

22.2 The Superintending Officer or his representative before

accepting the articles reserve the right to reject any item that is
damaged whether in transit or otherwise or that does not meet
the specifications. The Contractor shall replace at his own
expense all damaged items that are found defective after
delivery.

23. GUARANTEE AND MAINTENANCE PERIOD

23.1 All items shall be guaranteed to be free of defects and to be in

good working order for a period of one (1) year from date of
delivery and during that period, the supplier shall provide free
maintenance and service including spare part replacements.

24. TRANSPORTAND DELIVERY (For CIF Purchase Only)

24.1 The successful tenderer shall provide at his own risk the cost of
all equipment, labour, transport and everything else necessary
for the items to be delivered to the Universiti Sains Malaysia.
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25. LIQUIDATED DAMAGES

25.1 Subject to Clause 8, if the Contractor fails to deliver any or all of

the goods or perform the services within the time period(s)
specified in the contract, the Superintending Officer shall,
without prejudice to its other remedies under the contract,
deduct from the contract price, as liquidated damages, a sum
equivalent to 0.25% per day up to 25% of the delivered price of
the delayed goods or unperformed services for each day of
delay subject to a maximum of 100 days until actual delivery or
performance.

26. TERMINATION OF DEFAULT

26.1 The Superintending Officer may, without prejudice to any other

remedy for breach of contract, by written notice of default sent to

the Contractor, terminate this contract in whole or in part:-
(a) IF the Contractor fails to deliver any or all of the goods
within the period(s) specified in the Contract, or any
extension there of granted by the Universiti pursuant to
Clause 8, or
(b) If the Contractor fails to perform any other obligation(s)
under the Contract.

26.2 In the event the Superintending Officer terminates the Contract

in whole or in part, pursuant to para 26.1, the Superintending
Officer shall claim from the Contractor's Guarantor a sum not
exceeding 2.5% of the contract value or such part thereof on
those goods undelivered, and the Contractor shall be liable to
the Superintending Officer for any excess cost incurred when
the Superintending Officer procure upon such terms and in such
manner as he deems appropriate goods similar for those
undelivered. However, the Contractor shall continue
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performance of the contract to the extent not terminated.

27. FORCE MAJEURE

27.1 Notwithstanding the provisions of Clause 8, 25 and 26 the

Contractor shall not be liable for forfeiture of its performance
security, liquidated damages or termination for default, if to the
extent that, its delay in performance or other failure to perform
its obligations under the Contract is the result of an event of
Force Majeure.

27.2 For the purpose of this Clause, "Force Majeure" means an event
beyond the control of the Contractor and not involving the
Contractor's fault or negligence. Such events may include, but
are not restricted to acts of the Contractor in its sovereign or
Contractual capacity, wars or revolutions, fire, floods, epidemics,
quarantine restrictions and freight embargoes.

27.3 If a Force Majeure situation arises, the Contractor shall promptly

notify the Superintending Officer in writing of such condition and
the cause thereof. Unless otherwise directed by the
Superintending Officer in writing, the Contractor shall continue to
perform its obligations under the contract as far as if reasonably
practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.

28. RESPONSIBILITIES OF CONTRACTOR AND THE UNIVERSITY

UNDER FOB TERMS

28.1 In accordance to purchases under FOB terms, the Contractor

shall quote prices inclusive of all expenses till the consignment
are delivered on board the vessel/carrier.

28.2 Responsibilities of the Contractor under this purchase are as

follows:-

28.2.1 Supply the consignment supported by commercial

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invoices as determined in the contract.

28.2.2 Deliver the consignment of board the vessel determined

by the University at the designated port, in accordance
to the regulations of the designated port and notify the
University without delay that the consignment has been
delivered on board.

28.2.3 Obtain at his own responsibility and risk export licence

or any documents from the relevant authorities for the
purpose of the exportation. . .

28.2.4 Be responsible for any loss and/or damage till the

consignment has been safely loaded on board the
vessel/ carrier and also pay tax and any other official
charges levied on the loading of the consignment.

28.2.5 Bear the expenses for packaging except where it is

usual for the consignment to be transported without
packaging.

28.2.6 Bear all cost for examination (e.g, quality inspection,

survey, weighing and valuation) as required for the

purpose of handing over the consignment at the Port Of
Loading.

28.2.7 Prepare documents of proof that the consignment has

been loaded on board the vessel/carrier and

28.2.8.. Assist the. University in obtaining shipping documents

and all other documents issued by the manufacturer's
country and/or country of origin that may be required for
the purpose of importation of the consignment and if
required for purposes of transit through another country.

28.3 Responsibilities of the University under FOB purchase are as

follows:-

28.3.1 Notify the Contractor of the name of the representative

of the Government's Freight Forwarder for transporting
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the consignment

28.3.2 Provide the Government's Freight Forwarder one (1)

copy of the purchase order and one (1) copy of shipping
instructions (Appendix 1) at least one month before the
shipping date.

28.3.3 Bear all additional cost and all risk of the consignment
from the time the Contractor toads the consignment on
board the vessel at the named Port of Loading and pay
for the consignment as agreed upon in the contract.

28.3.4 Pay the insurance premium to Kumpulan Wang Insuran

Barang Kerajaan at 0.5% of the cost of consignment,
freight and 10% of the other payments.

28.3.5 Arrange and pay for the cost of transportation till the
consignment arrives at the Port of Discharge and all
other related payments till the final destination, and

28.3.6. Pay the cost of obtaining the Bill of Lading and other
documents that is issued from the manufacturer's
country and/or country of origin, that may be required
for the purpose of importing the consignment concern.

29. FOB - TRANSPORTATION & DOCUMENTATION

29.1 All transportation and delivery arrangements of the University's

Import consignment must be handled by the Government's
Freight Forwarder in accordance to the designated countries as
provided in paragraph 4.2 the Treasury Circular or according to
orders that are issued from time to time.

29.2 The University must provided one (1) copy of the purchase order
together with a copy of the shipping instructions at least thirty
(3)) days before the date of delivery to the Government's Freight
Forwarder and one copy of the shipping instructions to the
Treasury (Bahagian Pengurusan Perolehan Kerajaan). A
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sample copy of the shipping instructions is provided in Appendix

C1. If required, the University must inform or discuss with the
Government Freight Forwarder, where the consignment requires
close supervision.

29.3 On receipt of the order from the University, the Contractor must
notify the University by telex or facsimile (telex MA40254
USMLIB, Faxs: 04-6590927) and the Government's Freight
Forwarder (30) days before the anticipated date of delivery or
notice of cargo readiness regarding the actual quantity, volume.
weight and value of each consignment.

29.4 When the information as required in para 29.3 has been

received, the University/Government's Freight Forwarder will
inform the Contractor, the name of the vessel/carrier at least two
(2) weeks prior to the anticipated date of departure or four (4)
days before the arrival of the aircraft at the port of loading.

29.5 When the information as required in para 29.4 has been

received the Contractor must make preparations to deliver and
load the consignment on the vessel/carrier that has been
nominated by the Government's Freight .forwarder.

29.6 After the consignment has been delivered and loaded on the
vessel/ carrier the Contractor must notify the University and the
Government's Freight Forwarder by facsimile/telex regarding the
date, of loading -on the vessel/carrier, value of consignment,
particulars in the package for each consignment, name and
information of the vessel/carrier.

29.7 The Government's Freight Forwarder/the University will be

responsible for the freight and clearance o all bills thereafter.
The Contractor will not be responsible for any delay in the
delivery if the delay is caused by the late arrival at the port of
discharge by the Government's designated vessel/carrier.

29.8 Where the University or the Government's Freight Forwarder

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fails to provide the vessel/carrier for loading within the terms

specified or the delay is longer than thirty (3)) days, the

Contractor may with the consent of the University arrange
transportation to Malaysia on board the first available seaworthy
vessel/carrier at actual cost.

29.9 The Contractor must submit to the University and the

Government's Freight Forwarder or its agent ail of the following
documents:-

29.9.1 Two (2) copies of commercial invoice containing details

of batch/lot numbers if by sea or one (1) copy of the
same document if by air.

29.9.2 Two (2) copies of packing list if by sea or one (1) copy
of the same document if by air.

29.9.3 Two (2) copies of Certificate of Origin if by sea or one

(1) copy of the document if by air.

if by sea ail documents specified must reach the

University within two (2) weeks before the arrival by the
vessel at the Malaysian Port. However, if by air one set
of the specified documents together with the airway bill
must be forwarded, together with the consignment. The
supplier must also notify the University by facsimile or
telex the airway bill number as soon as the consignment
is put on board the aircraft.

The documents are required to ensure that customs

and sales tax exemption can be initiated as soon as
possible and also to avoid any demurrage charges
which could be caused by delays in, effecting such
clearance.

29.10 Failure by the Contractor to forward the documents as specified

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in para 29.9 within the period stated will result in the Contractor
having to defray all storage and demurrage charges incurred.

29.11 Reference to the commercial invoice must be made in the name

of the consignee.

29.12 The Contractor must be notified of the markings and must be

written clearly and correctly in accordance to the instructions
provided by the University/Government's Freight Forwarder. If
the Contractor fails to write the markings correctly or provides
incomplete markings correctly or provides incomplete markings
resulting in "demurrage" or lost to the consignment the
Contractor will be held responsible to settle whatever payments
that has to be borne by the University.
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UNIVERSITI SAINS MALAYSIA

CONTRACT NO: ............................ of ....................... for the

supply and installation of the under mentioned Stores entered into on the
....................... day of ................... 20..... by the undersigned
parties, refers to this Schedule of Tender which is and shall be read and
construed as part of the Contract.

............................... ............................
(Contractor) (Signature of Contractor)

................................ ............................
(Witness) (Signature of Witness)

Date: Date:

............................

UNNIVERS1TI SAINS MALAYSIA

SCHEDULE OF TENDER
FOR USE IN UNIVERSITI SAINS MALAYSIA

For the period ........................ to ..............................

both days inclusive:

1. The rates set down opposite any item in the Schedule shall be held to
include all charges entailed in the supply and installation of such item and
loading at the Contractor's store or elsewhere, transporting and unloading
at the point of delivery specified and for Contractor's establishment
charges and profit.

2. The Security Deposit referred to in Clause 18 of the Conditions of Contract

shall be the sum of Dollars (Malaysian):

................................................................................
.......................................(RM ................................)
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APPENDIX 1

KERAJAAN MALAYSIA
ARAHAN PERKAPALAN KEPADA WAKIL PENGHANTARAN KERAJAAN

1. NO. RUJUKAN ARAHAN PERKAPALAN: TARIKH;

(Shipping Instruction Ref. No.) (Date)

2. NAMA DAN ALAMAT JABATAN:

(Name and Address of Department)

3. NO. KONTRAK:
(Contract No.)

I. NILAl KONTRAK;
(Contract Value)

4. JADUAL PENGHANTARAN;
(Delivery Schedule)

5. NO. PESANAN TEMPATAN (Sila sertakan salinan jika ada)

(Purchase Order No. - Please attach Copy of P/0 if any)

6. NAMA DAN ALAMAT PEMBEKAL TEMPATAN

(Name and Address of Local Supplier)

I. PEGAWAI YANG BERTANGGUNGJAWAB ,

(Person to Contact)

II. NO. TELEFON/FAKSIMILI:

(Telephone/Fax No.)

7. NAMA DAN ALAMAT PEMBEKAL LUAR NEGERI

(Name and Address of Overseas Supplier)
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I PEGAWAI YANG BERTANGGUNGJAWAB:

(Person to Contact)

II NO. TELEFON/FAKSIMILI:
(Telephone/Fax No.)

8. KAEDAH PEMBELIAN:
*(Ex-Works/PCA/FOB VESSEL/FOB PORT/FOB AIRPORT)

9. KAEDAH PENGANGKUTAN:
*(LAUT/UDARA/DARAT)
(Mode of Shipment)

10. PERIHAL/KUANTITI BARANGAN:

(Cargo Description/Quantity)

11. ANGGARAN HARGA BARANGAN:

(Estimated Cargo Value)

12. NEGARA ASAL BARANGAN DIKELUARKAN;

(Country of Origin)

13. PENGKALAN MEMUAT:

(Port of Loading)

14. PENGKALAN PUNGGAH:

(Port of Discharge)

15. DESTENASI TERAKHIR:

(Final Destination)

16. TARIKH DAN MASA BARANGAN DIPERLUKAN Dl MALAYSIA:

(Date Cargo required to be in Malaysia)

17. ARAHAN KHAS:

(Special Instruction)

18. TANDA PENGENALAN:

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(Shipping Mark to appear on Package)

TANDATANGAN :

NAMA & JAWATAN :

TARIKH :

NO. TELEFON :

NO. FAKSIMILI :

s.k 1) KETUA SEIAUSAHA PERBENDAHARAAN

2)

3)

4)

5)
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APPENDIX 11

To be Filed By Tenderer

……………………………………………………………….

PARTICULARS REGARDING IMPORTED TENDERED GOODS

1. Name and description of Goods:

2. Quantity:

3. Type of Goods : Please state whether goodsare *dangerous/general/sensitive

and any requirement of intensive control etc. (If it is dangerous goods please
state the class IMO UN No.)

4. Detail description of the goods (where necessary)

4.1 Weight :

4.2 Dimension (total) (m3) :

4.3 Height :

4.4 Width :

4.5 Length :

4.6 Other Details if necessary:

5. Port of Loading: Country of Origin:

6. Others (please state):

Signature:

Name of Officer:

Designation:

Company:

Date:

*Delete/Add where necessary.