Tender Application Clause Samples
The Tender/Application clause defines the process and requirements for submitting offers or applications in response to a request for tender or similar procurement process. It typically outlines the format, deadline, and necessary documentation that bidders must provide, and may specify criteria for eligibility or evaluation. By establishing clear procedures and expectations, this clause ensures a fair and transparent selection process, reducing misunderstandings and disputes among participants.
Tender Application. 1. The Tenderer hereby submits its offer to purchase the Equipment (described in Annexure 1) (“Equipment”) for the total amount offered by the Tenderer (as indicated by the Tenderer in row “E” of the Purchase Price Table in Annexure 1) (“Total Amount Offered”) in accordance with the terms and conditions of the Contract (“Tender”).
2. The Tenderer acknowledges and agrees that:
a) the Tender:
i. forms an irrevocable offer to purchase the Equipment by the Tenderer for the Total Amount Offered by the Tenderer from the vendor in accordance with the terms and conditions as outlined in the Annexures; and
ii. may only be withdrawn by the Tenderer with the prior written consent of the vendor and/or the Agent;
b) for its Tender Application to be validly submitted to the vendor and/or Agent it must:
i. complete the necessary information on the Cover Page, complete each row of the Purchase Price Table contained in Annexure 1 and sign the Tender Application; and
ii. submit its fully completed and signed Tender to the Agent (by way of email) prior to the Closing Date;
c) if the Tender is accepted by the vendor and/or the Agent and the Tenderer is therefore the successful Tenderer (“Successful Tenderer”), then it:
i. will receive a notification from the vendor and/or the Agent accepting the Tender. The date on which such notification is provided by the vendor and/or the Agent to the Successful Tenderer will be the contract date for the purposes of the Annexures (“Contract Date”);
ii. must pay the Total Amount Offered which includes, among other amounts, a buyer’s premium equivalent to 5% plus GST of the Offer Price (set out in row “A” of the Purchase Price Table contained in Annexure 1) (“Buyer’s Premium”) which will be retained by the Agent in accordance with the terms and conditions as outlined in the Annexures; and
iii. agrees to comply with and abide by the terms and conditions of sale as outlined in the Annexures;
d) in the event of a tender not being accepted, the vendor and/or the Agent reserve the right to negotiate with one or more of the tenderers to the exclusion of other tenderers;
e) the vendor and/or the Agent may sell or withdraw from sale all or part of the Equipment at any time prior to the Closing Date and any tenderer (including, for the avoidance of doubt, the Tenderer) or proposed tenderer will have no claim against the vendor or the Agent by reason of the sale or withdrawal of all or part of the Equipment on or prior to the Closing Date; and
f) the ...
Tender Application. 1. The Tenderer hereby submits its offer to purchase the Equipment (described in Annexure 1) (“Equipment”) for the total amount offered by the Tenderer (as indicated by the Tenderer in section 3 of Annexure 1) (“Total Amount Offered”) in accordance with the terms and conditions of the Contract (“Tender”).
2. The Tenderer acknowledges and agrees that:
a) the Tender:
i. forms an irrevocable offer to purchase the Equipment by the Tenderer for the Total Amount Offered by the Tenderer from the vendor in accordance with the terms and conditions as outlined in the Annexures; and
ii. may only be withdrawn by the Tenderer with the prior written consent of the vendor and/or the Agent;
b) for its Tender Application to be validly submitted to the vendor and/or Agent it must:
i. complete the necessary information on the Cover Page, complete each row of the “Offer Details” table contained in Annexure 1 and sign the Tender Application; and
ii. submit its fully completed and signed Tender to the Agent (by way of email) prior to the Closing Date;
c) if the Tender is accepted by the vendor and/or the Agent and the Tenderer is therefore the successful Tenderer (“Successful Tenderer”), then it:
i. will receive a notification from the vendor and/or the Agent accepting the Tender. The date on which such notification is provided by the vendor and/or the Agent to the Successful Tenderer will be the contract date for the purposes of the Annexures (“Contract Date”);
ii. must pay the Total Amount Offered including GST; and
iii. agrees to comply with and abide by the terms and conditions of sale as outlined in the Annexures;
d) in the event of a tender not being accepted, the vendor and/or the Agent reserve the right to negotiate with one or more of the tenderers to the exclusion of other tenderers;
e) the vendor and/or the Agent may sell or withdraw from sale all or part of the Equipment at any time prior to the Closing Date and any tenderer (including, for the avoidance of doubt, the Tenderer) or proposed tenderer will have no claim against the vendor or the Agent by reason of the sale or withdrawal of all or part of the Equipment on or prior to the Closing Date; and
f) the vendor and/or the Agent is under no obligation to accept any tender (including, for the avoidance of doubt, this Tender). This Contract is signed by the Tenderer’s duly authorised representative: Signed for and on behalf of the Tenderer, Signed Name Date Title
3. Offer Details
4. Offer Details 5. Transaction: