Common use of DTI Clause in Contracts

DTI. NT The Department of Trade and Industry of the Government of the Republic of South Africa. National Treasury Effective Date Notwithstanding the Signature Date, the date that is reflected as such on the Letter of Appointment. Intellectual Property (IP) Patents, trademarks, service marks, rights, registered or unregistered, in any designs, applications for any of the aforegoing, descriptions, trade or business names, copyright including rights in computer software and topography rights, know-how, secret formulae and processes, lists of suppliers and customers and other confidential and proprietary knowledge and information, goodwill, rights protecting goodwill and reputation, database rights and rights under licences and consents in relation to such things and all rights or forms of protection of a similar nature to any of the aforegoing or having equivalent effect anywhere in the world. Letter of Appointment The formal letter signed by a Post Office Official, sent by a Post Office Official to the Service Provider, advising the Service Provider that it is appointed to provide the Services in terms of this Request for Proposal. Month A calendar month Original Bid An original Bid document or a copy thereof, provided such document is signed in original ink by the person duly authorised to commit the Bidder. Parties The Post Office and the Service Provider and “Party” shall mean either of them as the context requires. PFMA The Public Finance Management Act, Act No. 1 of 1999 as amended, as well as the Treasury Regulations promulgated thereunder. Post-office The South African Post Office Limited including its subsidiaries, a public company with limited liability which is duly incorporated in accordance with the laws of the Republic of South Africa with Registration Number 1991/005477/06. Post-office official An official of the Post Office duly authorized in terms of the Post Office’s delegation process. Request for Proposal The document contained herein, including any annexures and schedules attached hereto. Request For Proposal Advertisement The advertisement issued by the Post Office to the general public; or in relation to “closed tenders” means the advertisement issued by the Post Office to suppliers or service providers already listed on the Ntional Treasury Central Database requesting proposals to provide Services. SCM Supply Chain Management Supplier/Service Provider The successful Bidder with whom the Post Office concludes the Agreement subsequent to the Award based on this Request for Proposal. Services The services, works or goods to be provided by the Service Provider to the Post Office as more fully set out in Annexure D, Part 3 of this Request for Proposal Service Areas Those areas, if any, identified in Scope of Supply and Specific Instructions document at which the Supplier or Service Provider is required to render the Services; Signature Date The date of signature of the Agreement by the Party signing last in time. Specification/Scope of Work The Terms of Reference detailed in Annexure D, Part 3 of this Request for Proposal. VAT Value-added tax levied in terms of the VAT Act. VAT Act The Value-Added Tax Act, Act No. 89 of 1991, as amended from time to time. The use of the expression “will be deemed non-responsive” means that the Bidder will be immediately excluded from further evaluation. The use of the expression “may be deemed non-responsive” means that the Bidder will not summarily be excluded from further evaluation without consideration of the detail and clarification may be requested from the Bidder by the Post Office.

DTI. NT The Department of Trade and Industry of the Government of the Republic of South Africa. National Treasury Effective Date Notwithstanding the Signature Date, the date that is reflected as such on the Letter of Appointment. Intellectual Property (IP) Patents, trademarks, service marks, rights, registered or unregistered, in any designs, applications for any of the aforegoing, descriptions, trade or business names, copyright including rights in computer software and topography rights, know-how, secret formulae and processes, lists of suppliers and customers and other confidential and proprietary knowledge and information, goodwill, rights protecting goodwill and reputation, database rights and rights under licences and consents in relation to such things and all rights or forms of protection of a similar nature to any of the aforegoing or having equivalent effect anywhere in the world. Letter of Appointment The formal letter signed by a Post Office Official, sent by a Post Office Official to the Service Provider, advising the Service Provider that it is appointed to provide the Services in terms of this Request for Proposal. Month A calendar month Original Bid An original Bid document or a copy thereof, provided such document is signed in original ink by the person duly authorised to commit the Bidder. Parties The Post Office and the Service Provider and “Party” shall mean either of them as the context requires. PFMA The Public Finance Management Act, Act No. 1 of 1999 as amended, as well as the Treasury Regulations promulgated thereunder. Post-office The South African Post Office Limited including its subsidiaries, a public company with limited liability which is duly incorporated in accordance with the laws of the Republic of South Africa with Registration Number 1991/005477/06. Post-office official An official of the Post Office duly authorized in terms of the Post Office’s delegation process. Request for Proposal The document contained herein, including any annexures and schedules attached hereto. Request For Proposal Advertisement The advertisement issued by the Post Office to the general public; or in relation to “closed tenders” means the advertisement issued by the Post Office to suppliers or service providers already listed on the Ntional National Treasury Central Database requesting proposals to provide Services. SCM Supply Chain Management Supplier/Service Provider The successful Bidder with whom the Post Office concludes the Agreement subsequent to the Award based on this Request for Proposal. Services The services, works or goods to be provided by the Service Provider to the Post Office as more fully set out in Annexure D, Part 3 of this Request for Proposal Service Areas Those areas, if any, identified in Scope of Supply and Specific Instructions document at which the Supplier or Service Provider is required to render the Services; Signature Date The date of signature of the Agreement by the Party signing last in time. Specification/Scope of Work The Terms of Reference detailed in Annexure D, Part 3 of this Request for Proposal. VAT Value-added tax levied in terms of the VAT Act. VAT Act The Value-Added Tax Act, Act No. 89 of 1991, as amended from time to time. The use of the expression “will be deemed non-responsive” means that the Bidder will be immediately excluded from further evaluation. The use of the expression “may be deemed non-responsive” means that the Bidder will not summarily be excluded from further evaluation without consideration of the detail and clarification may be requested from the Bidder by the Post Office.