/ (January 2016)
Insert client’s logo or delete box
Delete this page if documents C1, C2 and C3 are combined in a tender document
The drafters of these templates make no representations or warranties to the users of the templates (express, implied or statutory) with respect to the accuracy or completeness of any information or its suitability for any purpose and assume no responsibility for the content of such information or the consequences of using it, which shall be at the sole risk of its user.
Users are advised to obtain the necessary professional advice in developing contracts using these templates.
/ NOTE The contents of this template are aligned with South African requirements. Some of the data may require adjustment if used in other jurisdictions.
Insert name of client
Tender No
/ Insert contract or tender number project number/ Insert title of contract
CONTRACT DOCUMENT
(Based on NEC3 Professional Service Short Contract)
Insert date or month
Issued by: / Prepared by / Insert name of address of clients under “issued by” and name of consultant, if any, who prepared the document under “prepared by”, if applicable or appropriate
Insert address of client and, if relevant, the address of the consultant who prepared the document.
Contact:
Name: / Insert name of client contact person and if relevant, the name of the consultant contact person
Telephone: / Insert telephone number of client contact person and if relevant, the telephone number of the consultant contact person
Name of Consultant: ......
/ / Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait)) Delete this page if documents C1, C2 and C3 are combined in a tender document
/ / Insert name of client
/ Insert project number
/ Insert title of project
Contents
Number / HeadingTHE CONTRACT
Part C1: Agreements and Contract Data
C1.1 / Form of offer and acceptance
C1.2 / Contract data
Part 1 – Data by the Client
Part 2 – Data by the Consultant
Part C2: Pricing Data
C2.1 / Pricing Assumptions
C2.2 / Price List / Delete row if there is no Price List
C2.3 / Staff rates / Renumber if there is no Price List
Part C3: Scope of work
C3 / Scope of Work
/ / Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait))
/ / Insert name of client
/ Insert project number
/ Insert title of project
C1.1 Form of Offer and Acceptance
Offer
/ Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait))The Client, identified in the Acceptance signature block, has solicited offers to enter into a contract for the provision of services as described in Part 1 of the Contract Data.
The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and addenda thereto as listed in the Returnable Schedules, and by submitting this Offer has accepted the Conditions of Tender. / Use this wording where tenders are called for using the standard conditions of tender. Delete row if not applicable.
The tenderer, identified in the Offer signature block, has examined the draft contract as listed in the Acceptance section and agreed to provide this Offer. / Use this wording where a contract is negotiated with a single tenderer. Delete row if not applicable.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant under the contract including compliance with all its terms and conditions for an amount to be determined in accordance with the conditions of contract identified in the Contract Data.
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT IS:
(in words) ……………………………………………………………………………………….. ……………………………….Rand;
R……… ……………(in figures) / Use where a Price List applies
Delete row where only a time charge applies
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT AND EXPENSES, calculated in accordance with the conditions of contract, is not to exceed / Use where Option E and G applies. Delete row where Options A and C apply. Alternatively state:
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT AND EXPENSES does not apply as it is a cost reimbursable contract.
(in words) ……………………………………………………………………………………….. ……………………………….Rand;
R………………………(in figures)
/ Use where only time charges apply. Alternatively state:
THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT AND EXPENSES does not apply as it is a cost reimbursable contract.
This Offer may be accepted by the Client by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified in the Contract Data. / Use this wording where tenders are called for using the standard conditions of tender.
Delete row if not applicable.
This Offer may be accepted by the Client by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the agreed period of validity, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified in the Contract Data. / Use this wording where a contract is negotiated with a single tenderer.
Signature(s)
Name(s)
Capacity
For the tenderer:
Name & signature of witness / (Insert name and address of organisation) / Date
Contract 4 C1.1
Part C1: Agreement and Contract Data Form of Offer and Acceptance
Acceptance
Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait))By signing this part of this Form of Offer and Acceptance, the Client identified below accepts the tenderer’s Offer. In consideration thereof, the Client shall pay the Consultant the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Client and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.
The terms of the contract, are contained in:
Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
Part C2 Pricing Data
Part C3 Scope of Work
and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Client during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule.
/ Use this wording where tenders are called for using the standard conditions of tender. Delete row if not applicable.
Deviations from and amendments to the draft contract as well as any changes to the terms of the Offer agreed by the tenderer and the Client during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule. / Use this wording where a contract is negotiated with a single tenderer. Delete row if not applicable.
The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if any), contact the Client’s agent (whose details are given in the Contract Data) to arrange the delivery of any proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Consultant) within five working days of the date of such receipt notifies the Client in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the Parties.
Signature(s) / Amend details if necessary
Name(s)
Capacity
for the Client
Name & signature of witness / (Insert name and address of organisation) / Date: ......
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Contract 4 C1.1
Part C1: Agreement and Contract Data Form of Offer and Acceptance
Schedule of Deviations
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Details ......
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2 Subject ......
Details ......
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3 Subject ......
Details ......
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4 Subject ......
Details ......
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5 Subject ......
Details ......
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Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait))By the duly authorised representatives signing this agreement, the Client and the Tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the Tender Data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Tenderer and the Client during this process of offer and acceptance. / Use this wording where tenders are called for using the standard conditions of tender.
Delete row if not applicable.
By the duly authorised representatives signing this agreement, the Client and the Tenderer agree to and accept the foregoing schedule of deviations as the only deviations from the draft contract, as well as any confirmation, clarification or changes to the terms of the offer agreed by the Tenderer and the Client during this process of offer and acceptance. / Use this wording where a contract is negotiated with a single tenderer
Delete row if not applicable
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.
Contract 6 C1.1
Part C1: Agreement and Contract Data Form of Offer and Acceptance
/ / Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait))/ Insert name of client
/ Insert project number
/ Insert title of project
Part C1.2 Contract Data
The Conditions of Contract are the NEC3 Professional Services Short Contract (First edition of April 2013) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008)Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Short Contract which requires it. / Completion of this data in full, according to the Options chosen, is essential to create a complete contract.
Part one - Data provided by the Client
Clause
/Data
/ /1 /
General
/ /10.1 / The Client is
Address:
Postal Address:
Tel No. : / Enter data or amend as necessary
Fax No. :
Mobile No. :
E-mail address:
11.2 / The services are / Briefly describe the services
11.2(2) / The completion date is / Provide a date or state “……weeks after the starting date”
11.2(5) / The Price List is in the document called Part 2: Pricing Data
11.2(7) / The Scope is in the document called Part 3: Scope of Work.
12.2 / The law of the contract is the law of the Republic of South Africa / Consider amending the statement if contract is outside South Africa
13.3 / The period for reply is weeks / Insert the number of weeks – usually 2.
2 / The Parties’ main responsibilities
No data is required for this section of the conditions of contract.
3 / Time
30.1 / The starting date is / Provide a date or state “two weeks after the Consultant receives one fully completed original copy of this document, including the schedule of deviations (if any) as contained in the Form of Offer and Acceptance”, as appropriate.
4 / Quality
41 / The defects date is weeks after Completion of the whole of the services. / Insert the number of weeks. (Period depends on type of services and is typically between 26 and 52 weeks).