Quotation Request: Mabruk Oil Operations
Quotation Request: Mabruk Oil Operations
Quotation Request: Mabruk Oil Operations
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Quotation Request
P.R(S). No.: J5019-22 Enquiry No. : J0134-22
Enquiry Date : 28/03/2022
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Mabruk Oil Operations, Libyan Branch ، فرع ليبيا،مبروك للعمليات النفطية
Dhat EL Imad Complex, Tower 4, Floor 3 3 الطابق،4 مجمع ذات العماد برج
P.O. Box 91171, Tripoli Libya. Commercial Registration Nº 25636 25636 ليبيا رقم السجل التجاري- طرابلس، 91171 .ب.ص
Tel : (218.21) 3350401, 3/6, Fax : (218.21) 3350415 / 3350402 / 3350558 3350558 / 3350402 / 3350415 ( فاكس218.21) 3350401 6/3 هاتف
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Mabruk Oil Operations مــبروك للعمليات النفطــيه
1 GENERAL TERMS AND CONDITIONS The Order constitutes the entire agreement between the Parties and The Vendor shall perform the Order in a lawful manner consistent with MOO shall be entitled to deduct such amount from any payment due to
OF PURCHASE supersedes all previous exchanges, obligations and agreements the highest of ethical standards and shall exercise all care and the Vendor without prejudice to any other of its rights it may have under
relating to the Supply. diligence to prevent any action or condition which could result in a the Order, or at law.
Article 1 Definitions conflict with the best interests of MOO.
Should any provision of the Order be or become invalid or Article 7 Inspection - Acceptance of the Supply
“these Conditions” means the general terms and conditions contained unenforceable under any law, regulations or court decision, it shall be The Vendor shall have secured all mandatory licenses, permits,
herein. considered as deleted, without entailing the nullity of the remaining registrations and obtained any and all Official or other administrative
The Vendor shall carefully inspect the Supply and verify its compliance
“Mabruk Oil Operations; known as “MOO”, means the purchasing part of the Order. documents to manufacture and allow the Supply to be exported and
with the Order before dispatching it.
company, having its Libyan Branch registered in the Commercial imported into Libya.
Registry of Tripoli under No. 25 636, with an office at Tower 4, Floor-5, Any non-observance by either Party of any of his/its obligations
When the Order specifies any inspection of the Supply by MOO, unless
Dhat El Imad Complex, and P.O. Box 91171, Tripoli, Libya. MOO is contained in the Order, if not pointed out by the other Party shall not Throughout the duration of the Order and when relevant, the Vendor
otherwise specified in the Order, the flowing shall apply:
sometimes referred under the terms “it” and “its” in these Conditions. be considered, irrespective of the duration of such non-observance, to shall comply with good engineering and oil and gas field practices.
“the Order” means the set of documents governing the Supply and the be a waiver of his/its rights or as exempting the other Party from Should part of the Order involve the presence of the personnel of the
- the Vendor shall give, at least, five (5) MOO working days prior
relations between the Vendor and MOO, including in particular in retroactively remedying and from carrying out, in the future, the Vendor on a MOO site, and then such personnel must comply with the
written notice to MOO of such tests stating their location and
descending order of priority: obligation(s) in question under the terms and conditions of the Order. Health, Safety and Environmental (HSE) regulations applicable on such
MOO shall be entitled to be represented thereat.
site.
- no Supply shall be dispatched until such inspection is performed
1) the Purchase Order and its attachments, At the time of expiration of the Order, either due to the completion of
or a written waiver of inspection, sent by MOO, is received by the
2) the Particular Conditions and their appendices, if any the Supply or due to termination, the provisions of Articles 9, 10, 11, The Vendor undertakes to provide MOO with full information relative to
Vendor which shall in no way relieve the Vendor of his obligations
3) these Conditions, 13, 17 and 18 of these Conditions shall remain in effect. the safety of the Supply and to its use.
to comply with all requirements of the Order.
4) any other documents issued by either Party, as the case may be, - the Vendor shall, at the request of MOO, deliver a certified “true
which the Parties agree to incorporate into the Order. The Parties expressly renounce application of the United Nations The Vendor shall comply with the international labor standards and in
copy” of the Vendor’s test sheets.
Convention on contracts for the international sale of goods signed in particular the International Standards for combating forced work
- all tests shall be at the Vendor’s cost and risk. When the Purchase
“Party” means either MOO or the Vendor as the case may be and Vienna on 4 April 1980. including the international Convention of the Rights of the Child.
Order states specific payments by MOO for tests, the Vendor shall
“Parties” shall be construed accordingly. not be paid for any test where the Supply has failed to achieve the
Article 3 Acceptance of the Order - Electronic transaction The Vendor shall not pay any fee, commission, rebate or other thing of
relevant required standard.
“the Purchase Order” means a document headed “Purchase Order”, value nor will do business with any company for the benefit of an
bearing a number reference, together with any amendment thereto The Order, including a scanned copy of the Purchase Order signed by employee of MOO, whether directly or through intermediaries.
The Supply or any part of the Supply not in conformity with the Order
signed by MOO and issued to the Vendor. The Purchase Order MOO, will be sent by email to the Vendor. An unqualified and after MOO inspection or at the time of receipt by MOO shall be rejected
number shall be indicated on all correspondence and invoices and any unconditional acceptance of the Order, by an empowered Article 6 Delivery
by MOO. The Vendor shall take all necessary actions and bear all
other appertaining documents which shall be written in English. representative of the Vendor must be returned by email to MOO within costs whatsoever for the return of the Supply and its re-delivery as per
five (5) Vendor working days from the date on which it was sent. 6.1 Delivery terms the Order after replacement or repair at the Vendor’s cost.
“Sub-Contractor” means any legal entity selected by the Vendor and
approved by MOO to provide part of the Supply. The Parties waive all rights to question the appropriateness of or to The Supply shall be delivered in accordance with the latest edition of Article 8 Transfer of ownership - Transfer of risk
challenge the validity of the contractual undertaking conducted by way the INCOTERMS published by the International Chamber of Commerce
“the Supply” means any goods, product or equipment to be supplied in of such exchange of electronic correspondence. specified in the Purchase Order. The transfer to MOO of ownership of the Supply shall take place at the
accordance with the Purchase Order, including where applicable, their time of delivery and acceptance of the Supply by MOO.
associated documents which shall be written in English (such as, In the event such acceptance is not received within this five (5) Vendor The place of delivery is stated in the Purchase Order.
without limitation: maintenance and/or operating manual(s), working days period, then MOO shall have the right to notify the The risk in the Supply shall pass to MOO as per INCOTERMS
certificate(s), report(s) and drawing(s)) and installation services, if any, Vendor of its decision to cancel the Order without any compensation Unless otherwise specified in the Order, or in an amendment, partial stipulated in the Order, without prejudice to its right of rejection of the
as defined in the Order. In the absence of a written request on his whatsoever due to be paid to the Vendor. shipment of the Supply is not authorized. Supply as per Article 7.
part, the Vendor is considered as having all information required for
proper performance of the Supply. Article 4 Changes to the Supply 6.2 Shipping Instructions Article 9 Warranty
“the Vendor” means the firm or company or any legal entity to whom MOO shall be entitled to request in writing that the Vendor make Relevant shipping instructions, according to the applicable The Vendor warrants that the goods, product or equipment are genuine
the Purchase Order is issued as named in the Purchase Order. The changes to the Supply initially defined in the Order. INCOTERMS of the Order, such as Consignee name, marking, and brand new and comply in all respects with the Order and any
Vendor is sometimes referred under the terms “he”, “him” and “his” in shipping documents an their dispatching, packaging and forwarding documents or specifications referred to. They shall be free of any
these Conditions. The Vendor shall inform MOO as soon as possible (and in any event agent, shall be specified by MOO in the Particular Conditions of the defect or flaw and fit for the purpose intended under the Order.
no later than five (5) Vendor working days following the receipt of Order (“Shipping Instructions”).
Article 2 Contractual documents MOO’s request for changes to the Order) of any impact on the delivery
Unless otherwise specified in the Order, the duration of the warranty is
date, the cost of the Supply and more generally of any other effect on 6.3 Date of delivery - Liquidated damages 18 months from the actual date of delivery or 12 months from the date
These Conditions shall prevail and shall override any conditions of the Order however arising from said changes.
on which the Supply is placed in operation, whichever is the shorter.
sale as well as any provision contained in any invoices and/or in any The Vendor hereby acknowledges that compliance with the time
other documents issued by the Vendor at any time. Agreed changes shall only become effective by issue of an amendment schedule is an essential condition of the Order. During the warranty period, the Vendor undertakes to modify or to
to the Order reflecting said changes, confirmed upon the completion of replace, at his own expense and without delay, any or all parts of the
Verbal undertakings and agreements shall have no force or effect the electronic transaction process specified in Article 3. For any delivery made after the delivery date stated in the Purchase Supply that prove to be defective.
unless they are confirmed by written agreement between the Parties. Order, the Vendor shall be liable for payment of liquidated damages for
MOO shall not be liable for any performance by the Vendor pursuant Article 5 Obligations of the Vendor delay. Unless otherwise specified in the Order and after a grace period At the end of the warranty period, the Vendor shall remain liable for the
to a request made verbally or to a verbal modification of the Order. of one week, the amount of the said liquidated damages shall be consequences of any latent defect, whenever it may be discovered.
Modifications or deviations from these Conditions shall only apply if The Vendor shall be acting as an independent vendor and neither the calculated at one (1) % of the Purchase Order total value per week of
they have been agreed in writing between the Parties and they shall Vendor nor his personnel shall be deemed for any purpose to be the delay (or prorated) for a maximum of five (5) weeks. Payment of these
only be valid for the Order in question therefore the Vendor shall not employees, agent or representative of MOO in the performance of the liquidated damages shall not relieve the Vendor from duly performing
consider such modifications or deviations as being applicable for any Order. his obligations under the Order.
other MOO order.