Below are the list of terms and condition to apply any tender. Please review all the information carefully.
The materials, supplies and/or services furnished by Supplier (together, the "Services") and covered by the CNA-Q Purchase Order ("PO") and/or other agreement (which, when combined with these Terms and Conditions and any other documents incorporated by reference, will constitute the "Agreement") are governed by the terms and conditions set forth herein. As used herein, the term "Supplier" includes Supplier/contractor/service provider and its sub-suppliers/contractors at any tier. No other terms or conditions will be binding upon the parties unless accepted by them in writing. Written acceptance or shipment of all or any portion of the materials and/or supplies ("Goods"), or the performance of all or any portion of the services, covered by the Agreement, will constitute Supplier’s unqualified acceptance of all of the Agreement’s terms and conditions. The terms of any proposal referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal specifies the Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of the Agreement.
CNA-Q will pay Supplier, upon submission of acceptable invoices, for Services rendered and accepted. All invoices must be itemized and reference the Agreement or PO number. CNA-Q will not pay cartage, shipping, packaging or boxing expenses, unless specified in the Agreement. Invoices must be accompanied by shipping documents or photocopies of such, if transportation is payable and charged as a separate item. Supplier will pay all contributions, taxes and premiums payable under state and local laws measured upon the payroll of employees engaged in providing Services under the Agreement, and all applicable, excise, transportation, privilege, occupational and other taxes applicable to the Services. Where applicable, Supplier will pay all sales and use taxes imposed on the Supplier.
The Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's performance, design, workmanship and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and test by CNAQ at all times and places. If, prior to final acceptance, any Services furnished are found to be incomplete, or not as specified, CNAQ may reject them, require Supplier to correct them without charge, or require delivery of such Services at a reduction in price that is equitable under the circumstances. If Supplier is unable or refuses to correct such items within a time CNA-Q deems reasonable, CNA-Q may terminate the Agreement in whole or in part. Supplier will bear all risks as to rejected Services and, in addition to any costs for which Supplier may become liable to CNA-Q under other provisions of the Agreement, will reimburse CNA-Q for all transportation costs, other related costs incurred, or payments to Supplier in accordance with the terms of the Agreement for unaccepted Services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects, fraud or such gross mistakes as amount to fraud.
Supplier will provide the Services as an independent contractor and furnish all equipment, personnel and materiel sufficient to provide the Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as CNA-Q may so require. Supplier will devote only its best-qualified personnel to work under the Agreement. Should CNA-Q inform Supplier that anyone providing the Services is not working to this standard, Supplier will immediately remove such personnel from providing Services and he or she will not again, without CNA-Q’s written permission, be assigned to provide Services. At no time will Supplier or Supplier’s employees, sub-suppliers, agents, or assigns be considered employees of or any purpose, including but not limited to workers’ compensation provisions.
Supplier will defend, indemnify, and hold harmless CNA-Q, its officers, employees, and agents, from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and liabilities of any kind resulting from or arising out of the Agreement, including the performance hereunder of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, provided such losses, expenses, damages and liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control. CNA-Q agrees to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or action, and that CNA-Q will cooperate fully in such defense. CNA-Q retains the right to participate in the defense against any such claim or action, and the right to consent to any settlement, which consent will not unreasonably be withheld.
The Supplier indemnifies CNAQ against any claim or proceedings ("Action") brought against CNAQ based upon any allegation of Intellectual Property rights infringement in relation to Services or deliverables supplied by the Service Provider, provided that:
Supplier will not use the CNA-Q name, abbreviate ion of the CNA-Q name, trade names and/or trademarks (i.e., logos and seals) or any derivation thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the CNA-Q name, abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, production, or services for sale or distribution to the public, without CNA-Q’s prior written approval. Supplier agrees to comply at all times with applicable CNA-Q Policies.
Supplier who supplies commercial materials, supplies or services certifies and represents its compliance with the following clauses, as applicable. Supplier shall promptly notify CNA-Q of any change of status with regard to these certifications and representations. These certifications and representations are material statements upon which CNA-Q will rely: A. Contractor Code of Business Ethics and Conduct; B. Utilization of Small Business Concerns; C. Contract Work Hours and Safety Standards; D. Non displacement of Qualified Workers; E. Prohibition of Segregated Facilities; F. Equal Opportunity; G. Equal Opportunity for Workers with Disabilities; H. Employment Reports on Nationals; I. Notification of Employee Rights Under the Applicable Act; J. Service Contract Labor Standards; K. Combating Trafficking in Persons; L. Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements; M. Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements; N. Employment Eligibility Verification; O. Minimum Wages Under applicable local law P. Promoting Excess Food Donation to Non-profit Organizations and recycling programs Q. Promoting Energy Conservation In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms "Client" or "CNA-Q" as used therein will refer to College of North Atlantic - Qatar. Where a purchase of items is for fulfillment of a Government prime or subcontract, additional information and/or terms and conditions may be included in an attached supplement. By submitting an invoice to CNA-Q, Supplier is representing to CNA-Q that, at the time of submission: 1. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the Qatar government; 2. Supplier has filed all compliance reports required by the Equal Opportunity clause; and 3. Any Supplier representations to CNA-Q about state and local classifications, including but not limited to size standards, ownership, and control, are accurate and complete.
Supplier will abide by the requirements set forth in State Laws, wherever applicable, Supplier will abide by applicable policies, incorporated by reference with this statement: "This contractor and subcontractor shall abide by the requirements local civil code and labor act. These regulations prohibit discrimination against qualified individuals based on their status as protected individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability." With respect to activities occurring in the State of Qatar, Supplier agrees to adhere applicable Employment and Housing Act. Supplier will provide CNA-Q on request a breakdown of its labor force by groups as specified by CNA-Q, and will discuss with CNA-Q its policies and practices relating to its affirmative action programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that are segregated on a basis prohibited by local law. Separate or single-user restrooms and necessary dressing or sleeping areas must be provided, however, to ensure privacy.
Supplier agrees that upon CNA-Q’s request, Supplier will submit a sworn statement setting forth the work performed or material furnished by sub-suppliers and material men, and the amount due and to become due to each, and that before the final payment called for under the Agreement, will upon CNA-Q’s request submit to CNA-Q a complete set of vouchers showing what payments have been made for such work performed or material furnished. Supplier will promptly notify CNA-Q in writing, of any claims, demands, causes of action, liens or suits brought to its attention that arise out of the Agreement. CNA-Q will not make final payment until Supplier, if required, delivers to CNA-Q a complete release of all liens arising out of the Agreement, or receipts in full in lieu thereof, as CNA-Q may require, and if required in either case, an affidavit that as far as it has knowledge or information, the receipts include all the labor and materials for which a lien could be filed; but Supplier may, if any sub-supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to CNA-Q to indemnify it against any claim by lien or otherwise. If any lien or claim remains unsatisfied after all payments are made, Supplier will refund to CNA-Q all monies that CNA-Q may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.
The Supplier shall deliver the Goods and/or perform the Services in accordance with the Technical Specifications, the applicable industry standards and the timetable for performance defined in the Contract. To this end, the Supplier commits himself to achieve performance and results under this Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, Any modification to the Contract shall only be binding upon the parties if the said modification has been formalized by an amendment to the Contract. 2. The Supplier shall request from CNA-Q in due time, any approvals and instructions needed for the correct performance of the Contract. For its part and as the case may be, CNA-Q shall make available to the Supplier the materials and/or perform the works identified in the Contract. It shall also provide access to the delivery site for the Goods and/or performance of the Services (hereinafter the "Site" or "Sites"). 3. In accepting the Order, the Supplier expressly acknowledges having received communication of all of the documents and information that it needs in order to assess the commitments that it has subscribed to under the Contract as well as the conditions for the performance thereof, especially concerning the safety standards in force at the Site and any possible dangers connected with the installations and/or machinery nearby, whether these have been received spontaneously from the CNA-Q , or whether it has itself solicited them in the performance of its obligation as a professional to solicit all of the documents and information necessary for the correct performance of its obligations under the Contract. 4. Throughout the term of the performance of the Contract, the Supplier shall be responsible for its staff complying with CNA-Q’s internal rules and conditions of access, health and safety rules applicable at the Site. The Supplier shall inform CNA-Q immediately of any event that might affect the performance of the Contract, especially as regards safety. 5. The Supplier shall be responsible for implementing all of the necessary resources for the performance of its obligations under the Contract, with the exception of those specifically mentioned in the Contract as being the responsibility of CNA-Q. The Supplier shall have all of the materials and tools needed for the performance of the Contract and shall allocate qualified staff in sufficient numbers to the performance of the Contract within the contractual deadline. 6. Unless different procedures are specified in the Special Conditions, the Supplier shall send the CNA-Q , a weekly activity report tracing the Goods and/or Services performed and any difficulties encountered, which shall include in particular a progress report and any non-compliance datasheets created based on a format that the CNA-Q shall have previously agreed in writing. 7. Maximum by within seven (7) days at the latest of the Contract coming into force, the Supplier shall appoint a staff member as a project manager and shall inform CNA-Q thereof. The project manager thus appointed shall be responsible for directing the operations necessary for the delivery of the Goods and/or the performance of the Services and shall be solely entitled to give instructions to the Supplier’s staff who are responsible for the performance of the Services on Site. It shall be the Supplier’s contact person of the CNA-Q. 8. The Supplier shall be responsible for matters of scheduling and staff and agrees to comply with labor legislation especially that concerning working hours, weekly rest and possibly additional rest periods and annual or other leave and shall be responsible for paying all of the contributions that relate to its staff. 9. The Supplier shall fulfill at its own expenses, all formalities and obligations imposed by the regulatory authorities concerning the registration, evaluation, authorization and restrictions of chemicals. It shall also undertake to ensure that its own Suppliers will comply with the Regulation. The Supplier shall provide CNA-Q, upon its request with a certificate establishing its conformity with the Regulation’s terms and conditions. In the event of noncompliance with the formalities imposed by the said Regulation, the Supplier shall undertake to compensate any damage that may result thereof.
A. Cleaning Up. Supplier will at all times keep CNA-Q premises where the Services are performed and adjoining premises free from Accumulations of waste material or rubbish caused by its employees or work of any of its sub-suppliers, and, at the completion of the Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus materials, and will leave the premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Supplier and its sub-suppliers as to responsibility for the removal of the rubbish, or if it is not promptly removed, CNA-Q may remove the rubbish and charge the cost to Supplier. B. Environmental, Safety, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Services to protect the health and safety of CNA-Q employees and members of the public and to minimize danger from all hazards to life and property, and will comply with all applicable environmental protection, health, safety, and fire protection regulations and requirements (including reporting requirements). In the event that Supplier fails to comply with such regulations and requirements, CNA-Q may, without prejudice to any other legal or contractual rights of CNAQ, issue an order stopping all or any part of the performance of the Services; thereafter a start order for resumption of performing the Services may be issued at CNA-Q’s discretion. Supplier will not be entitled to make a claim for extension of time or for compensation or damages by reason of or in connection with such stoppage. Supplier will have sole responsibility for the safety of all persons employed by Supplier and its sub-suppliers on CNA-Q premises, or any other person who enters upon CNA-Q premises for reasons relating to the Agreement. Supplier will at all times maintain good order among its employees and all other persons who come onto CNA-Q's premises at Supplier's request and will not engage any unfit or unskilled person to provide the Services. Supplier will confine its employees and all other persons who come onto CNA-Q's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of CNA-Q's premises where the Services are to be performed or to roads leading to and from such work sites, and to any other area which CNA-Q may permit Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent injuries to or the death of any of its employees or any other person who enters upon CNA-Q premises at Supplier’s request. Such measures and precautions will include, but will not be limited to, all safeguards and warnings necessary to protect workers and others against any conditions on the premises that could be dangerous and to prevent accidents of any kind whenever the Services are being performed in proximity to any moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by, Supplier, its sub-suppliers, CNA-Q or other persons. To the extent compliance is required, Supplier will comply with all relevant CNA-Q safety rules and regulations when on CNA-Q premises. C. Tobacco-free Campus Buildings. CNA-Q is a tobacco-free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all other tobacco products are prohibited on all CNA-Q owned or leased Buildings.
Supplier assumes complete liability for any materials CNA-Q furnishes to Supplier in connection with the Agreement and Supplier agrees to pay for any CNA-Q materials Supplier damages or otherwise is not able to account for to CNA-Q's satisfaction. CNA-Q furnishing to Supplier any materials in connection with the Agreement will not, unless otherwise expressly provided in writing by CNA-Q, be construed to vest title thereto in Supplier.
Supplier and its sub-suppliers, if any, will cooperate with CNA-Q and other suppliers and will so provide the Services that other cooperating suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work will be a finished and complete job of its kind.
While other terms in the Agreement apply to the furnishing of all types of Services, the terms in this Article have special application to the furnishing of Goods, and apply notwithstanding the terms in Article 33, Amendments: A. Price Decreases. Supplier agrees immediately to notify CNA-Q of any price decreases from its suppliers, and to pass through to CNA-Q any price decreases. B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the Agreement for CNA-Q's account will be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of lading will so note. C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to CNA-Q at the f.o.b. point shown, or as otherwise specified in the Agreement, subject to CNA-Q’s right to reject upon inspection. D. Changes. CNA-Q may make changes within the general scope of the Agreement in drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or packing of the Goods by giving notice to Supplier and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of the Agreement, CNA-Q and Supplier will agree upon an equitable adjustment in the price and/or delivery terms. Supplier may not make changes without CNA-Q’s written approval. Any claim of Supplier for an adjustment under the Agreement must be made in writing within thirty (30) days from the date Supplier receives notice of such change unless CNA-Q waives this condition in writing. Nothing in the Agreement will excuse Supplier from proceeding with performance of the Agreement as changed hereunder. Supplier may not alter or misbrand, within the meaning of the applicable State laws, the Goods furnished. E. Forced, Convict and Indentured Labor. Supplier warrants that no foreign-made equipment, materials, or supplies furnished to CNA-Q pursuant to the Agreement will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If CNA-Q determines that Supplier knew or should have known that it was breaching this warranty, CNA-Q may, in addition to terminating the Agreement, remove Supplier from consideration for CNA-Q contracts for a period not to exceed one year. F. Export Control. If any of the Goods is export-controlled under the International Traffic in Arms Regulations or controlled on a military strategic goods list, Supplier agrees to provide CNA-Q (the contact listed on the Purchase Order) with written notification that identifies the export-controlled Goods and such Goods’ export classification.
Supplier affirms that, to the best of Supplier’s knowledge, no CNA-Q employee who has participated in CNA-Q’s decision-making concerning the Agreement has an "economic interest" in the Agreement or Supplier. Supplier will not be in a reporting relationship to a CNA-Q employee who is a near relative, nor will a near relative be in a decision making position with respect to Supplier.
The Agreement is subject to the examination and audit of the State Audit Bureau or Comptroller of CNA-Q or designated Internal Auditor for a period of up to seven (7) years after final payment under the Agreement. CNA-Q, and if the underlying grant or cooperative agreement so provides, the other contracting party or grantor (and if that be the State of Qatar or an instrumentality thereof, then the Representatives of Local Authorities) will have access to and the right to examine Supplier’s pertinent books, documents, papers, and records involving transactions and work related to the Agreement until the expiration of seven (7) years after final payment under the Agreement. The examination and audit will be confined to those matters connected with the performance of the Agreement, including the costs of administering the Agreement.
Supplier will use its best efforts to keep confidential any information provided by CNA-Q and marked "Confidential Information," or any oral information conveyed to Supplier by CNA-Q and followed by a written communication within thirty (30) days that the information is Confidential Information. This non-disclosure provision will not apply to any of the following: A. Information which Supplier can demonstrate by written records was known to Supplier prior to the effective date of the Agreement; B. Is currently in, or in the future enters, the public domain other than through a breach of the Agreement or through other acts or omissions of Supplier; C. Is obtained lawfully from a third party; or D. Is required to be disclosed under the applicable Act or legal process.
CNA-Q is committed to conducting its affairs in compliance with the law, and has established a process for reporting and investigating suspected improper governmental activities.
Supplier will use environmentally preferable products and services (i.e., products and services with a lesser or reduced effect on human health and the environment), to the maximum possible extent consistent with the Agreement. Information on environmentally preferable products and services is available at Ministry of Municipality and Environmental affairs.
If the Services involve Supplier furnishing CNA-Q with temporary or supplementary staffing, Supplier warrants that: A. If Supplier is an Applicable Large Employer: 1. Supplier offers health coverage to its full-time employees who are performing Services for CNA-Q; 2. Supplier’s cost of enrolling such employees in Supplier’s health plan is factored into the fees for the Services; and 3. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to such full-time employees. B. If Supplier is not an Applicable Large Employer (as defined above): 1. Supplier offers group health coverage to its full-time employees who are performing Services for CNA-Q and such coverage is considered Minimum Essential Coverage and is Affordable; or 2. Supplier’s full-time employees who are performing services for CNA-Q have individual coverage and such coverage satisfies the Local Labor Law requirements for mandated individual coverage.
Unless CNA-Q notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will ensure that all sub-suppliers comply, with CNA-Q prevailing wage provisions, including but not limited with those set forth in applicable Labor Code sections. For purposes of the Agreement, the term "sub-supplier" means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier to provide a portion of the Services. The term sub-supplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub-suppliers comply with applicable Labor Code Section. Supplier and sub-supplier may not provide the Services unless currently registered and qualified to perform public work pursuant to applicable Labor Code Section. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. Applicable Local Labor Law has ascertained the general prevailing per diem wage rates in the locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general prevailing per diem wage rates will be made available to any interested party upon request. By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier will cause all subcontracts to include the provision that all sub-suppliers will pay not less than the prevailing rates to all workers employed by such sub-suppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by CNA-Q. Supplier will forfeit, as a penalty, not more than QAR.700 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as determined by CNA-Q for the work or craft in which the worker is employed for any portion of the Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
If the Services will be performed at one or more CNA-Q Locations, do not involve furnishing goods, and are not subject to extramural awards containing sponsor-mandated terms and conditions, Supplier warrants that it is in compliance with applicable federal, state and local working conditions requirements, including but not limited to those set forth in Articles 11, 12 and 14 herein, and that Supplier pays its employees performing the Services no less than the CNA-Q Fair Wage. Supplier agrees CNA-Q may conduct such CNA-Q Fair Wage/Fair Work interim compliance audits as CNA-Q reasonably requests, as determined in CNAQ sole discretion. For Services that exceed QAR.100, 000 annually and are not subject to prevailing wage requirements, Supplier will, a) at Supplier’s expense, provide an annual independent audit performed by Supplier’s independent auditor or independent internal audit department in compliance with CNA-Q required audit standards and procedures, concerning Supplier’s compliance with this provision, and b) Ensure that in the case of an interim audit, its auditor makes available to CNA-Q its CNA-Q Fair Wage/Fair Work papers for the most recently audited time period. Supplier agrees to provide CNA-Q with a CNA-Q Fair Wage/Fair Work certification annually, in a form acceptable to CNA-Q, no later than ninety days after each one year anniversary of the agreement’s effective date, for the twelve months immediately preceding the anniversary date.
Neither party will be liable for delays due to causes beyond the party’s control (including, but not restricted to, war, civil disturbances, earthquakes, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather).
Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without CNA-Q written approval. In case such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement.
Nothing in this Agreement is intended to make any person or entity that is not a signer to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
Any provision required to be included in a contract of this type by any applicable and valid state or local law, ordinance, rule or regulations will be deemed to be incorporated herein.
A party to the Agreement must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return receipt requested, to the other party’s representative at the address specified by such party.
If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the legality, validity or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that remains legal, valid, or enforceable.
Waiver or non-enforcement by either party of a provision of the Agreement will not constitute a waiver or non-enforcement of any other provision or of any subsequent breach of the same or similar provision.
The parties may make changes in the Services or otherwise amend the Agreement, but only by a writing signed by both parties’ authorized representatives.
CNA-Q law will control the Agreement and any document to which it is appended. The exclusive jurisdiction and venue for any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in the county in the State of Qatar in which the CNA-Q campus is located. The Contract shall be subject to State of Qatar applicable law. Any dispute arising out of the validity, interpretation, performance and/or termination of the Contract which the Parties are unable to resolve amicably shall be finally settled by arbitration, in accordance with the Rules of Arbitration of the Chamber of Commerce by one or more arbitrators appointed in accordance with the local Rules.
Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless CNA-Q expressly agrees in writing to such terms.
Upon expiration or termination of the Agreement, the following provisions will survive: WARRANTIES; INTELLECTUAL PROPERTY, COPYRIGHT AND PATENTS; INDEMNITY; USE OF CNA-Q NAMES AND TRADEMARKS; LIABILITY FOR CNA-Q-FURNISHED PROPERTY; COOPERATION; TERMS APPLICABLE TO THE FURNISHING OF GOODS; AUDIT REQUIREMENTS; CONFIDENTIALITY; GOVERNING LAW AND VENUE, and, to the extent incorporated into the Agreement, the terms of the APPENDIX–DATA SECURITY and/or APPENDIX–BUSINESS ASSOCIATES.
Supplier will observe updated information’s and directives of CNA-Q Academic and Support Calendar, Operational Hours, Qatar Labor Law, Civil Defence Law, ICT Qatar regulations, MOI Regulations, Mistry of Education and Higher Education Policies, Mistry of Municipality & Environment Regulation’s, Kahramaa Regulations, Qatar Construction Specification as well as other local and International relevant applicable coded and regulations; in order to ensure the purchase or supply requirements of CNA-Q.
1. The Goods and/or Services shall comply with the Technical Specifications and be suitable for the use they are expected. They shall also satisfy the usual quality criteria as well as the current standards and legislation in force. The Goods shall be delivered in a state of full completion with the complete documentation associated therewith as well as all of the instructions, recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. Goods or Services that do not meet all of the previous requirements shall be considered as non-compliant. 2. If the Supplier is not certain that the results of the Services or Goods that it shall deliver comply with the requirements defined in Article 38.1, it shall inform immediately CNA-Q thereof in writing, providing all of the needed indications concerning the risks of non-compliance and the measures that the Supplier intends to take in order to remedy the situation. CNA-Q shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 3. If CNA-Q assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. CNA-Q shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
1. If, when they arrive at CNA-Q’s premises or any other place agreed between the parties, the Goods and/or the result of the Services are considered as non-compliant, CNA-Q may reject all or part of them. The delivery shall then be considered as not having been made. 2. In this case, CNA-Q reserves the right a. to require the Supplier to replace or repair the rejected Goods and/or the result of the Services, within the deadline laid down by CNA-Q , or b. to itself perform or have performed the said replacement or remaking by a third party of its choice, in accordance with the provisions of Article 38.3, or c. to retain the Goods and/or the result of the Services subject to a rebate , or d. To terminate the Contract in whole or in part in application of Article 25. In all cases, the totality of the costs and risks shall be borne by the Supplier. 38.3. In the case defined in Article 38.2 (ii), CNA-Q may choose to remedy the non-compliances by itself and/or to assign to a third-party company of its choice for the repairing or remedying, at the Supplier’s cost and risks, after an official notification to remedy the non-compliance addressed to the Supplier by registered letter with fifteen (15) days’ notice has remained unfruitful. The Supplier shall then facilitate the interventions of CNA-Q or third-party company in optimum conditions and especially to remit to them the tools, drawings, studies an
1. If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to CNA-Q, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements defined in Article 38.1. 2. Where the Contract provides for an acceptance procedure in the presence of both parties, at the end of such procedure, the parties shall sign an acceptance certificate if they agree on the compliance of the Goods and/or result of the Services with the requirements of Article 38.1. Such acceptance certificate shall be produced in two (2) originals. 3. Signature of the acceptance certificate without any reservations by the parties shall authorize the Supplier to invoice CNA-Q under the terms of payment due on acceptance date. 4. CNA-Q may pronounce the acceptance of the Goods and/or the result of the Services, subject to reservations for all or part of the Goods and/or the result of the Services in question depending on the circumstances under the sole assessment of CNA-Q and if the non-compliances are revealed to be of an insignificant nature, especially if they do not affect the safety and/or use of the Goods and/or their environment. The Supplier undertakes to remedy any noncompliances revealed in the certificate within the deadline that is stipulated therein. In case all or part of payment due upon acceptance date may be withheld by CNA-Q until it has been established by both parties that the Goods and/or Services in question have been made compliant.
Under the performance of Services, in accordance with laws and regulations in force concerning the prevention and the control of illegal working, the Supplier shall submit to CNA-Q, as soon as the Contract comes into force and before beginning the performance of the Services at the latest, the corresponding certificates and any additional document that may be required in the Order. Supplier is not allowed remove or deploy any of their employee or subcontractors from CNA-Q project shall only be binding upon the parties if the said changes has been formalized by an amendment to the Contract. Each changes will take place with an entry and exit interview by the services manager of CNA-Q or his or her designee.
Supplier warrants that any Goods, and/or computer hardware or software supplied by Supplier to CNA-Q: 1. are free from defects and/or disabling codes, and have been duly tested to ensure that there are no hidden defects or disabling codes and are subject to recognised and appropriate release procedures including the latest version of a proprietary virus detection software package approved by Purchaser, and Supplier shall procure that corresponding obligations are imposed with its sub-contractors or agents; 2. have been obtained from a reputable and reliable software developer and not through any interest group or multi organisational software sharing scheme; 3. will comply with and function substantially in accordance with their related user documentation; and 4. Shall not breach any other third party’s Intellectual Property Right. 5. Supplier shall indemnify and hold Purchaser harmless against any and all losses, damages, costs, claims, proceedings, or expenses sustained or incurred directly and naturally, in the ordinary course of events, by Purchaser as a result of Supplier’s breach of the above warranties