Terms and Conditions of the Bid Process
In this Agreement the following expressions shall have the following meanings: "Organisation" ‘GKN’, its affiliates or third party associates;
"Bidder" the organisation bidding for a Contract through the Bidding Process;
"Bidding Process" the process by which a Bidder, in competition with others, Bids for the award of a Contract from the Organisation which shall be subject to the terms and conditions of this Agreement and the Bid Documentation;
"Bid Documentation" the written terms and conditions of the Organisation under which it will accept a Bid together with the detailed specifications of the goods and/or services to be provided and/or purchased and /or performed under any Contract;
"Bid" an application by a Bidder for a Contract in accordance with the Bid Process in the form of any submitted documents, responses to questions, and/or pricing both online or offline;
"Bid Date" the date by which a Bid must be submitted as set out in the Bid Documentation;
"Contract" any contract awarded to a Bidder after successful completion of the Bid Process. This Agreement is subject to the following terms & conditions. By undertaking the Bid Process the Bidder is deemed to have accepted these terms and conditions:
1. Conditions of Bid A Bid shall be submitted in accordance with the Bid Process and the procedures set out in the Bid Documentation. Any terms and conditions of the Bidder included or referred to in the Bid shall not apply and shall not bind the Organisation. A Bid must be submitted in accordance with the Bid Process as set out in the Bid Documentation. Any Bid submitted that is not in accordance with this Agreement shall be deemed not to comply with the Bid Process and may be rejected by the Organisation.
2. Confidentiality The Bidder and all other recipients of the Bid Documentation and/or any other information connected to or arising from the Bid Process shall treat such documents and information as private and confidential and shall not disclose the details to any party except in confidence to a party requiring such in connection with the Biding Process. The Bid Documentation for the purposes of this clause shall be deemed to include the Bid.
3. Costs and Expenses The Bidder is responsible for all its costs and expenses howsoever arising and any losses, which it may incur by undertaking the Bid Process.
4. Alterations The Bidder may not alter any of the Bid Documentation. Should it discover any errors, omissions or discrepancies within the Bid Documentation or should there be any doubt as to the meaning of any Bid Documentation the Bidder should immediately notify the Organisation.
5. Reserve of Right The Organisation may reject or accept any Bid in part or in whole. The Organisation may award more than one Contract under the Bid Process to one or more Bidders. The Organisation may withdraw the participation of any Bidder, at any time and shall not be required to provide a reason.
6. Prices A Bid shall remain valid for the period of two calendar months from the Bid Date unless otherwise stated in the Bid Documentation. The Bidder warrants that it will not fix or adjust its Bid in accordance with any agreement or arrangement with any third party other than as may be set out in the Bid. The Bidder warrants that it will not enter into any arrangement or agreement with any third party that the third party shall refrain from submitting a Bid or as to terms contained in any Bid submitted. On submission of the Bid its details will be disclosed to any other organisations engaged in the Bid Process that has submitted a Bid but the identity of each Bidder shall not be disclosed and shall remain confidential.
7. Queries Any queries regarding this Agreement should be made to the Organisation.
8. Acceptance The Organisation will notify successful Bidder(s) as soon as it is reasonably practicable. Acceptance of a Bid will then be subject to the Organisation’s contract terms and conditions as set out in the Bid Documentation.
9. Security The Bid Process may make use of facilities accessible through the world wide web. A user name and password to access any such on line facility has been issued to the contact name supplied to the Organisation by the Bidder. This individual will be deemed to have full authority of the Bidder to submit a Bid and shall be responsible for keeping the user name and password secure. The Organisation accepts no responsibility if the user name and password is used by any person not authorised to do so.
10. Force Majeure Neither party shall be liable for any delay in performing or failure to perform any obligations to the other party if the delay or failure results from events or circumstances outside its reasonable control.
11. No Liability To the fullest extent permitted by law, neither the Organisation nor any of its affiliates or third party associates shall be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages relating to or resulting from the Organisation’s or its affiliates or third party associates performance of this Agreement. This shall include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorised access to and alteration of data, and other tangible and intangible losses. The limitations set out above apply regardless of whether the damages are claimed under the terms of a contract, as the result of negligence (save in the case of death or personal injury) or otherwise.
12. Warranties To the fullest extent permitted by law, the Organisation expressly disclaims all warranties of any nature, whether express or implied.
13. Changes to these Terms The Organisation reserves the right, at its complete discretion, to change the terms and conditions of this Agreement on reasonable notice. A Bidder’s continued participation in the Bid Process shall be deemed to indicate its acceptance of any such revised terms and Conditions.
14. Enforceability If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
15. Third Party Rights In respect to this Agreement, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Agreement but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
16. Governing Law This Agreement is governed by the Laws of England Wales and the parties herby agree to irrevocably submit to the non exclusive jurisdiction of the English Courts.