GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall: a) respond promptly to all complaints and enquiries from Transnet; b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services; c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services; d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction; e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider; f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993; g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider. 8.2 The Service Provider acknowledges and agrees that it shall at all times: a) render the Services and perform all its duties with honesty and integrity; b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards; c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence; d) use its best endeavours and make every diligent effort to meet agreed deadlines; e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights; f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]; g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry; h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties; i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet; j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient; k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission; l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image; m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 23 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 25 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 13 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 24 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 12 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly within twenty four (24) hours to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Supplier/Service Provider relating to the performance delivery of the Goods/Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods/Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods/Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods/Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods/Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Supplier/Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 25 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement. 9 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS
9.1 B-BBEE Scorecard
a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. It is also a fundamental requirement of the RFP that the Service Provider also contributes to the Supplier Development Programme, as applied by Transnet.
b) In response to this requirement, the Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement.
c) The Service Provider undertakes to notify and provide full details to Transnet in the event there is:
(i) a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and
(ii) a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status.
d) Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of clause 22.
e) In the event there is a change in the Service Provider’s B-BBEE status, then the provisions of clause 22 shall apply.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 7.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s ServicesProviders products;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services Goods and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 7.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods and ancillary Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of ServicesGoods or ancillary Services to Transnet; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
7.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Service Provider shall ensure that the Goods and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Service Provider, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Service Provider and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from TransnetTNPA;
b) inform Transnet TNPA immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet TNPA with such renewals as they become due, Transnet TNPA shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet TNPA may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet TNPA and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all TransnetTNPA’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 23 – Equality and Diversity];
g) treat all enquiries from Transnet TNPA in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet TNPA of the delay and the reasons therefor and will keep Transnet TNPA informed of progress made regarding the enquiry;
h) when requested by TransnetTNPA, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of TransnetTNPA;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet TNPA or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish TransnetTNPA’s reputation or business image;; and
m) immediately report to Transnet TNPA any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet TNPA or the provision of Services; and. 9 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS
n9.1 B-BBEE Scorecard
a) ensure TNPA fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. It is also a fundamental requirement of the RFQ that the Service Provider also contributes to the Supplier Development Programme, as applied by TNPA.
b) In response to this requirement, the Service Provider shall submit to TNPA’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at all times, the beginning of March each year during the currency of this Agreement, .
c) The Service Provider undertakes to notify and provide full details to TNPA in the event there is:
(i) a change in the Service Provider’s B-BBEE status which is less than what it complies with all obligations and commitments was at the time of its appointment including the impact thereof; and
(ii) a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status.
d) Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE status) which TNPA may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of clause 18.
e) In the Income Tax Actevent there is a change in the Service Provider’s B-BBEE status, No 58 then the provisions of 1962clause 18 shall apply.
9.2 B-BBEE Improvement Plan
a) TNPA encourages its Service Providers to constantly strive to improve their B-BBEE levels. To this end, the VAT Act Service Provider undertakes to provide TNPA with a B-BBEE Improvement Plan to indicate the extent to which their B-BBEE status will be maintained or any other tax legislation relating to their liability for Income Taximproved over the contract period, VAT, Pay as You Earn or any other tax. per Annexure B of the RFQ.
b) The Service provider shall further ensure the validity of its Tax Clearance CertificateProvider shall, for the duration of this Agreement, comply with the B-BBEE Improvement Plan.
c) The terms of the B-BBEE Improvement Plan and monetary value of the commitments thereunder shall not (unless otherwise agreed in writing) be less or less favourable than the commitments made by the Service Provider in such B-BBEE Improvement Plan.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Supplier’s/Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Supplier's/Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from TransnetTNPA;
b) inform Transnet TNPA immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet TNPA with such renewals as they become due, Transnet TNPA shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet TNPA may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet TNPA and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all TransnetTNPA’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 24 – Equality and Diversity];
g) treat all enquiries from Transnet TNPA in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet TNPA of the delay and the reasons therefor and will keep Transnet TNPA informed of progress made regarding the enquiry;
h) when requested by TransnetTNPA, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of TransnetTNPA;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet TNPA or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish TransnetTNPA’s reputation or business image;
m) immediately report to Transnet TNPA any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet TNPA or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Service provider shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Service provider, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Service provider and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly (within 24 hours) to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly within twenty four (24) hours to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 25 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from TransnetTNPA;
b) inform Transnet TNPA immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet TNPA with such renewals as they become due, Transnet TNPA shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet TNPA may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet TNPA and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all TransnetTNPA’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 22 – Equality and Diversity];
g) treat all enquiries from Transnet TNPA in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet TNPA of the delay and the reasons therefor and will keep Transnet TNPA informed of progress made regarding the enquiry;
h) when requested by TransnetTNPA, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of TransnetTNPA;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet TNPA or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish TransnetTNPA’s reputation or business image;; and
m) immediately report to Transnet TNPA any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet TNPA or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Supplier/Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Supplier/Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and;
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate Certificate; and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 25 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 24 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 255 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFQ. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Service provider, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Service provider and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly (within 8 hours) to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 25 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly within 2 hours to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Service provider shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Supplier’s/Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Goods/Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods/Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods/Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods/Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods/Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Supplier's/Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods/Services and ancillary Services and the conduct of the business and activities of the Supplier/Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the Services;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service /Service Provider relating to the performance delivery of the Services Goods and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services Goods and ancillary Goods and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Integrity Pact as agreed to in response to the RFP. The general purpose of the Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods or ancillary Goods are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services supply of the Goods and ancillary Goods (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods and demonstrate a commitment to effecting the supply and performing the Services ancillary Goods timeously, efficiently and at least to the required standards;
c) endeavour endeavor to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours endeavors and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the Services supply of the Goods and or ancillary Goods with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service 'sService Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods or ancillary Goods to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimize, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the shall ensure that the Goods and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the , as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organization.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from TransnetTNPA;
b) inform Transnet TNPA immediately of any dispute or complaint arising in relation to the storage or provision of the Services;.
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Services;.
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;.
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;, as may be amended from time to time.
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself.
h) submit monthly documentation to TNPA:
i) legally Compliant Safe Disposal Certificates
ii) legally Compliant Waste Manifests
iii) ensure that the Monthly Reports submitted to TNPA XxXX [Port of Port Xxxxxxxxx] comply with SAWIC [South African Waste Information Centre] Requirements and the 2012 National Waste Information Regulations
iv) ensure that the supporting documentation on cleaning of waste containers and drip trays is provided for as part of the report submitted to TNPA on a monthly basis.
i) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance, and have an environmental management policy which ensures that its products, including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hj) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet TNPA with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the provision of the Services and ancillary Services [if applicable] and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet TNPA regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all TransnetTNPA’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet TNPA in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet TNPA of the delay and the reasons therefor therefore and will keep Transnet TNPA informed of progress made regarding the enquiry;
h) when requested by TransnetTNPA, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of TransnetTNPA;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet TNPA or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish TransnetTNPA’s reputation or business image;.
m) immediately report to Transnet TNPA any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet TNPA or the provision supply of Services; andServices or ancillary Services to TNPA.
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the t Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the provision of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the goods and Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/ and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and;
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate Certificate; and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service ProviderSupplier’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Servicesservices ;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly (within 90 minutes) to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Supplier’s/Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Goods/Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods/Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods/Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods/Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods/Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Supplier's/Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFQ. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Supplier/Service Provider and the Supplier’s/Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Supplier/Service Provider relating to the performance delivery of the Goods/Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Goods/Services and ancillary Services and the conduct of the business and activities of the Supplier/Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Goods/Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Supplier/Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Supplier/Service Provider.
8.2 9.2 The Supplier/Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods/Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Goods/Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Supplier/Service Provider is unable to comply with the provisions of this clause, the Supplier/Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Supplier's/Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Supplier/Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andGoods/Services or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Supplier/Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Service Provider shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety- related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly (within 2 days) to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;; FOR THE PROVISION OF A MANAGED INTEGRATED TRAVEL SOLUTION TO TRANSNET FOR A PERIOD OF THREE (3) YEARS
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to the Agreement and the Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this the Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this the Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;; FOR THE PROVISION OF A MANAGED INTEGRATED TRAVEL SOLUTION TO TRANSNET FOR A PERIOD OF THREE (3) YEARS
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 29– Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this the Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this the Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly (within 48 hours) to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Supplier’s/Service Provider’s Servicesproducts/services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and Servicesand keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Servicesand ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Servicesor ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Servicesand ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Servicesand demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Servicesand/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Supplier's/Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServicesor ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Servicesand ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider provider shall:
a) respond promptly to all complaints and enquiries from Transnet;.
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the Services;Goods.
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider provider and the Service Providerprovider’s Services;products.
d) keep full records clearly indicating all transactions concluded by the Service Provider provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;.
e) obtain, and at all times always maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;provider.
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;, as may be amended from time to time.
g) observe and ensure compliance with all requirements and objectives of the Transnet Service provider Integrity Pact as agreed to in response to the RFP. The general purpose of the Service provider Integrity Pact is to agree to avoid all forms of dishonesty, fraud, and corruption by following a system that is fair, transparent, and free from any undue influence prior to, during and after the currency of the procurement event leading to this Agreement and this Agreement itself.
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance, and have an environmental management policy which ensures that its products, including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Providerprovider.
8.2 9.2 The Service Provider provider acknowledges and agrees that it shall at all timesalways:
a) render the provision Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;.
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to affecting the supply and performing the ancillary Services timeously, efficiently efficiently, and at least to the required standards;.
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;.
d) use its best endeavours and make every diligent effort to meet agreed deadlines;.
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;.
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];discrimination.
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider provider is unable to comply with the provisions of this clause, the Service Provider provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;.
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's provider’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;.
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;.
j) not accept or offer, nor allow, induce induce, or promote the acceptance or offering of any gratuity, enticement, incentive incentive, or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;.
k) not mislead Transnet or its officers, employees employees, and stakeholders, whether by act or omission;.
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;.
m) immediately report to Transnet any unethical, fraudulent fraudulent, or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; andServices or ancillary Services to Transnet.
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement.
o) not victimise, harass, or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation, or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents, and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Service provider shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Service provider, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Service provider and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly within 60 minutes to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 24 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Integrity Pact as agreed to in response to the RFP. The general purpose of the Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services and ancillary Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and/or ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the shall ensure that the Services and ancillary Services, to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/o regulations. Permission for the engagement of a Subcontractor by the service provider, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
h) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 23 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement. 9 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS
9.1 B-BBEE Scorecard
a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. It is also a fundamental requirement of the RFP that the Service Provider also contributes to the Supplier Development Programme, as applied by Transnet.
b) In response to this requirement, the Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement.
c) The Service Provider undertakes to notify and provide full details to Transnet in the event there is:
(i) a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and
(ii) a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status.
d) Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of clause 20.
e) In the event there is a change in the Service Provider’s B-BBEE status, then the provisions of clause 20 shall apply.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Servicesservices;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the occurrence of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision storage or delivery of the ServicesGoods;
c) conduct its business in a professional manner that which will reflect positively upon the Service Provider and the Service ProviderSupplier’s Servicesservices;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance delivery of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and ancillary Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993, as may be amended from time to time;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policiesperformance and have an environmental management policy which ensures that its products, management including the Services or ancillary Services are procured, produced, packaged, delivered and performanceare capable of being used and ultimately disposed of in a way that is environmentally appropriate; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for throughout the duration entire term of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Services (if applicable) and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance of the Services and demonstrate a commitment to effecting the supply and performing the ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and professionalismworkmanship, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own PersonnelStaff, as well as all Transnet’s officers, employees, agents and consultantsStaff, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 – Equality and Diversity]discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Services and with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's ’s own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision supply of Services; andServices or ancillary Services to Transnet;
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider Provider shall further ensure the validity of its Tax Clearance CertificateCompliance, for the duration of this Agreement;
o) not victimise, harass or discriminate against any employee of either Party to this Agreement or any applicant for employment with either Party to this Agreement due to their gender, race, disability, age, religious belief, sexual orientation or part-time status. This provision applies, but is not limited to employment, upgrading, work environment, demotion, transfer, recruitment, recruitment advertising, termination of employment, rates of pay or other forms of compensation and selection for training.
p) shall ensure that its employees, agents and Subcontractors will not breach any applicable discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be amended from time to time, the Supplier shall ensure that the Services , to be supplied to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier, as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply with the specified railway safety requirements and/or regulations. The Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-related activities, including the coordination of such activities across all parts of its organisation.
Appears in 1 contract
Samples: Master Agreement
GENERAL OBLIGATIONS OF THE SERVICE PROVIDER. 8.1 9.1 The Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the provision of the Services;
c) conduct its business in a professional manner that will reflect positively upon the Service Provider and the Service Provider’s Services;
d) keep full records clearly indicating all transactions concluded by the Service Provider relating to the performance of the Services and keep such records for at least 5 [five] years from the date of each such transaction;
e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the like required under applicable laws for the provision of the Services and the conduct of the business and activities of the Service Provider;
f) observe and ensure compliance with all requirements and obligations as set out in the labour and related legislation of South Africa, including the Occupational Health and Safety Act, 85 of 1993;
g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of the procurement event leading to this Agreement and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, and demonstrate sound environmental policies, management and performance; and
hi) ensure the validity of all renewable certifications, including but not limited to its Tax Clearance Certificate and B-BBEE Verification Certificate, for the duration of this Agreement. Should the Service Provider fail to present Transnet with such renewals as they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which Transnet may have for damages against the Service Provider.
8.2 9.2 The Service Provider acknowledges and agrees that it shall at all times:
a) render the Services and perform all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet and demonstrate a commitment to performing the Services timeously, efficiently and to the required standards;
c) endeavour to provide the highest possible standards of service and professionalism, with a reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Personnel, as well as all Transnet’s officers, employees, agents and consultants, with fairness and courtesy and respect for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfair discrimination [as further referred to in clause 26 27 – Equality and Diversity];
g) treat all enquiries from Transnet in connection with the Services with courtesy and respond to all enquiries promptly and efficiently. Where the Service Provider is unable to comply with the provisions of this clause, the Service Provider will advise Transnet of the delay and the reasons therefor and will keep Transnet informed of progress made regarding the enquiry;
h) when requested by Transnet, provide clear and accurate information regarding the Service Provider's own policies and procedures, excluding Know-How and other Confidential Information, except where a non-disclosure undertaking has been entered into between the Parties;
i) not allow a conflict of interest to develop between its own interests [or the interests of any of its other customers] and the interests of Transnet;
j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity, enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to otherwise exert undue influence over the recipient;
k) not mislead Transnet or its officers, employees and stakeholders, whether by act or omission;
l) not otherwise act in an unethical manner or do anything which could reasonably be expected to damage or tarnish Transnet’s reputation or business image;
m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of which it becomes aware in connection with Transnet or the provision of Services; and
n) ensure that at all times, during the currency of this Agreement, it complies with all obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of 1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT, Pay as You Earn or any other tax. The Service provider shall further ensure the validity of its Tax Clearance Certificate, for the duration of this Agreement. 10 B-BBEE AND SOCIO-ECONOMIC OBLIGATIONS
10.1 B-BBEE Scorecard
a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. It is also a fundamental requirement of the RFP that the Service Provider also contributes to the Supplier Development Programme, as applied by Transnet.
b) In response to this requirement, the Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the beginning of March each year during the currency of this Agreement.
c) The Service Provider undertakes to notify and provide full details to Transnet in the event there is:
(i) a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and
(ii) a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status.
d) Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of clause 11.
e) In the event there is a change in the Service Provider’s B-BBEE status, then the provisions of clause 11 and 12 shall apply.
Appears in 1 contract
Samples: Framework Agreement
