Standard Terms and Conditions of Purchase

Purchase Order (PO) Terms and Conditions

  1. Unless otherwise agreed to in writing, the under mentioned terms and conditions of Industrial Development Corporation of South Africa Limited (IDC’s) purchase order/s (“the Purchase Order/s”) represent the only terms and conditions upon which IDC, shall procure the items or services as specified in the Order/s (“Products”) from the service provider to whom the Order is addressed (“Supplier”). IDC shall not accept any other terms and conditions which the Supplier may specify, unless otherwise agreed to by IDC in writing. In the event of any inconsistency between the Terms and conditions, and any Order, the Order shall take precedence.
  2. Payment shall be effected by IDC within 30 days after receipt of an original tax invoice;
  3. All invoices shall  be forwarded to IDC’s Invoice Management Department;
  4. The Purchase Order number shall  always be referenced in all  invoices submitted to IDC against this Purchase Order;
  5. If the supplier is unable to meet the specified delivery date on the Purchase Order/s, the supplier shall promptly notify the IDC’s contact person noted on the said document. Such action shall not be interpreted as a waiver of any right or claim IDC may otherwise be entitled to in terms of the law or without any limitation or any provision in the Purchase Order/s.
  6. Unless specifically agreed to  in writing by the Head of Procurement on behalf of IDC, no addition to or modification to the Purchase Order/s shall be binding on IDC and no goods and/or services shall be substituted for those specified therein except upon the written consent or instruction from IDC. The Supplier warrants that the goods and/or services shall be fit for their purpose and be of satisfactory quality.
  7. The goods  shall  be packaged in a manner which assures that they are protected and delivered in a good condition, in accordance with the Purchase Order;
  8. The goods and services provided will at all material times be inspected by IDC to ensure they meet the specification and required standard as stipulated and/or specified in the Purchase Order; any non-compliance to specification will lead to rejection thereof. The supplier shall promptly rectify any defects or in IDC’s sole opinion, supply appropriate replacement goods at the Supplier’s expense within the specified delivery times, without any liability on the part of   IDC. Title to the goods and risk of loss or damage to goods  shall pass to IDC on the date of delivery;
  9. Standard Warranty shall at all material times  be furnished  by the supplier in respect of goods supplied under the Purchase Order (where applicable);
  10. The suppliers shall at all material times maintain confidentiality whilst rendering services to IDC, should the supplier  have access to confidential information, which must be protected from disclosure;
  11. Except for damages caused by the negligence on the part of the supplier, the supplier shall defend, indemnify and hold IDC harmless from all claims, actions, demands, loss, and cases of action arising from injury including death , to any person, or damage to property if such injury or damage results from in whole or in part from acts of omissions on the part of the supplier;
  12. The supplier and any of its sub-contractors used in rendering of services and/ delivery of goods to IDC shall ensure that  adequate comprehensive insurance is taken and furnish IDC with written proof to that effect as and when required ;
  13. The Purchase Order shall not to be assigned and/or ceded to any  third party without the prior written consent of IDC, which consent shall not be unreasonably withheld by IDC;
  14. All tools utilised on IDC site and/or premises to render any service shall conform to an acceptable and traceable standard. All special tools shall at all material times be accompanied by an approved certificate issued by the relevant authority (where applicable);
  15. The Suppliers shall at all material times  wear the correct Personal Protective Equipment (“PPE”) for specific services  rendered whilst on IDC site and/or premises;
  16. All scrap and hazardous waste generated by the supplier during the rendering of services must be removed from IDC site and/or premises  immediately during or after the completion of the  job and dispose of same in compliance with the relevant regulatory disposal methods(where applicable).
  17. The Purchase Order/s shall at the sole discretion of IDC be cancelled or suspended in whole or in part. IDC shall deliver a written notice to the Supplier specifying the extent to which performance and/or deliveries of goods and services under the Purchase Order/s is cancelled and/or suspended and the date upon which such action shall become effective;
  18. Any of the party shall be deemed to be in default of its obligations under the Purchase Order/s in the event of bankruptcy or insolvency of such party and if such  fails to remedy the breach same within a period of 30 (thirty) days;
  19. The Purchase Order/s shall be interpreted and governed by the laws of the Republic of South Africa.