Business Tender Letter

BUSINESS TENDER LETTER

Tenderer Name:    Tender Reference No.:

WHEREAS

WHEREAS the Recipient has invited tenders for the provision of goods and/or services described in the Invitation to Tender identified above; and

WHEREAS the Tenderer has examined the requirement documents, specifications and site conditions and submits this Tender in accordance with those documents and the terms set out in this Business Tender Letter; and

WHEREAS the Tenderer represents and warrants that the pricing and representations in this Tender are accurate, complete and made in good faith as of the Submission Date: .

SCOPE OF WORK

PRICING AND PAYMENT TERMS

Total Tender Price (exclusive of taxes and duties):    Currency:

Payment due within days of invoice receipt. Late payment interest shall accrue at % per calendar month on overdue amounts, calculated daily and compounded monthly.

TERM AND TERMINATION

This Tender is valid for acceptance until: . Upon award, the Agreement shall commence on Start Date: and expire on End Date: unless earlier terminated in accordance with this Business Tender Letter.

Either party may terminate for convenience upon providing days' prior written notice. Termination for material breach shall be effective upon days' written notice and failure to cure such breach within the specified cure period.

CONFIDENTIALITY

The parties acknowledge that during the tender and any resulting contract, each may exchange Confidential Information. "Confidential Information" includes technical, financial and commercial information disclosed in any form. Each party shall (i) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, (ii) use Confidential Information solely for the purpose of evaluating or performing this Tender, and (iii) not disclose Confidential Information to third parties except to its employees, advisors or subcontractors who need to know and are bound by confidentiality obligations no less restrictive than those herein.

Confidentiality obligations shall survive termination or expiration of any resulting agreement for a period of unless otherwise required by law or as set forth in a signed agreement between the parties. Exclusions: information that is public through no breach, known prior, independently developed, or lawfully received from a third party without confidentiality obligations.

ACCEPTANCE

To accept this Tender, the Recipient must deliver to the Tenderer a written Notice of Award executed by an authorized representative on or before the Tender validity date specified above. Acceptance shall create a binding contract on the terms of this Tender and any mutually executed purchase order or agreement.

GOVERNING LAW AND DISPUTE RESOLUTION

This Tender and any resulting agreement shall be governed by the laws of: . The parties shall attempt to resolve disputes in good faith through negotiations, and if unresolved, disputes shall be resolved by binding arbitration or litigation as agreed between the parties in a subsequent agreement.

ENTIRE AGREEMENT

This Business Tender Letter, together with any attachments, schedules and any written acceptance by the Recipient, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations and understandings. No amendment shall be binding unless in writing and signed by duly authorized representatives of both parties.

REPRESENTATIONS AND WARRANTIES

The Tenderer represents and warrants that (i) it has full power and authority to submit this Tender and perform the obligations contemplated herein; (ii) the prices quoted are true and correct; and (iii) performance will comply with applicable laws and the specifications set out in the Scope of Work.

NOTICES

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