Common use of IN THE PERFORMANCE OF THE SERVICES Clause in Contracts

IN THE PERFORMANCE OF THE SERVICES. 5.1 This Agreement provides a framework for, and the general terms and conditions applicable to, the Services that the Service Provider will provide to SARS under this Agreement. 5.2 SARS will from time to time issue a written service request to the Service Provider to perform Services identified in the service request. 5.3 The provisions of this Agreement shall apply to each and every service request issued under this Agreement. 5.4 The Service Provider will provide the Services to SARS subject to the terms and conditions of this Agreement generally and in particular subject to the terms and conditions set forth in the relevant service request. 5.5 No service request shall constitute a binding contract between the Parties unless a SARS purchase order is issued simultaneously with the service request and such purchase order appears on the face of the service request. 5.6 If there is a conflict in the terms and conditions of this Agreement, and/or any service request and/or any annexures: 5.6.1 subject to clause 5.6.3, to the extent that the conflicting terms can reasonably be interpreted so that such terms are consistent with each other, such consistent interpretation shall prevail; 5.6.2 to the extent that clause 5.6.1 does not apply and subject to clause 5.6.3, any conflict between the provisions of the various clauses of the Agreement, the service request and annexures will be resolved in accordance with the following order of precedence (in descending order of priority): (a) the Agreement and its annexures; and (b) the Service Request and any annexures thereto. 5.6.3 a service request may amend the terms and conditions of this Agreement only with respect to the subject matter of such service request. Insofar as any service request specifically amends the provisions of this Agreement, such amendment shall prevail in respect of that service request only. For the avoidance of doubt it is recorded that the terms of one service request shall not apply to any other service request. 5.7 Each service request shall be in writing and contain all the information set out therein including: 5.7.1 details of the Services requested from the Service Provider; 5.7.2 contain the time within which the Services must be performed; 5.7.3 the costs for the Services; 5.7.4 indicate the purchase order for the Services; 5.7.5 the name and contact details of the SARS’s designated representative requesting the Services; and 5.7.6 be signed by the SARS’s designated representative; 5.8 The Service Provider is required to place in an appropriate place on the items delivered, a plasticized sticker that shows the purchase order number and the Service Provider’s contact details.

IN THE PERFORMANCE OF THE SERVICES. 5.1 SARS may, from time to time and as and when needed, issue a Service Request to the Service Provider, to perform the Services outlined in the Service Request. 5.2 In rendering the Services, the Service Provider warrants that it is aware of SARS’s expectation of the Service Provider to align, support, and enable SARS in meeting its Strategic Objectives as listed at paragraph 9.2 of the Request for Proposal document. 5.3 This Agreement provides a framework for, and the general terms and conditions applicable to, the Services that the Service Provider will provide to SARS under this AgreementServices. 5.2 SARS will from time to time issue a written service request to the Service Provider to perform Services identified in the service request. 5.3 5.4 The provisions of this Agreement shall apply to each and every service request issued under this AgreementService Request. 5.4 5.5 The Service Provider will provide the Services to SARS subject to the terms and conditions of this Agreement generally generally, and in particular particular, subject to the terms and conditions specifications set forth in the relevant service request. 5.5 No service request shall constitute a binding contract between the Parties unless a SARS purchase order is issued simultaneously with the service request and such purchase order appears on the face of the service requestService Request. 5.6 If there is a conflict in the terms and conditions of this Agreement, and/or any service request and/or any annexures: 5.6.1 subject to clause 5.6.3, to the extent that the conflicting terms can reasonably be interpreted so that such terms are consistent with each other, such consistent interpretation shall prevail; 5.6.2 to the extent that clause 5.6.1 does not apply and subject to clause 5.6.3, any conflict between the provisions of the various clauses of the Agreement, the service request and annexures will be resolved in accordance with the following order of precedence (in descending order of priority): (a) the Agreement and its annexures; and (b) the Each Service Request and any annexures thereto. 5.6.3 a service request may amend the terms and conditions of this Agreement only with respect to the subject matter of such service request. Insofar as any service request specifically amends the provisions of this Agreement, such amendment shall prevail in respect of that service request only. For the avoidance of doubt it is recorded that the terms of one service request shall not apply to any other service request. 5.7 Each service request shall be in writing and contain all conform to the information set out therein including:following minimum requirements- 5.7.1 details 5.6.1 Details and specifications of the Services requested from the Service Provider; 5.7.2 contain the time 5.6.2 The timeframe within which the Services must be performed, together with the requisite Deliverables; 5.7.3 5.6.3 Nature of reporting and frequency thereof; 5.6.4 The Service Levels, including turn-around times applicable to the costs Services procured in terms of the Service Request and the corresponding Performance Failure penalties; 5.6.5 The budget for the Services; 5.7.4 indicate 5.6.6 The name/s and signatures of the purchase order for SARS Authorised Representative or another person designated by SARS, and the ServicesChief Procurement Officer or Senior Manager duly designated by SARS; 5.7.5 5.6.7 Any additional provisions which may be applicable to the name and contact details of the SARS’s designated representative requesting the Servicesspecific Service Request; and 5.7.6 5.6.8 Maximum number of Service Request revisions. 5.7 The Service Request must be signed accepted by the SARS’s designated representative;Service Provider in writing before implementation. 5.8 The Service Provider may not implement any of the Services without a duly issued, signed and accepted Service Request and subsequent Purchase Order. For this purpose, it is required to place in an appropriate place on the items delivered, a plasticized sticker expressly recorded that shows the purchase order number and the Service Provider’s contact detailsProvider shall not have any right of recourse or claim against SARS, whether financial or otherwise, as a result of any Services rendered or work done without the abovementioned duly signed off documents Service. 5.9 The Service Provider must render the Services within the budget provided for in each specific Service Request. 5.10 It is expressly recorded that the Service Provider will only engage in liabilities or purchases on SARS’ behalf once it is in receipt of a SARS Purchase Order.

IN THE PERFORMANCE OF THE SERVICES. 5.1 This Agreement provides a framework for, and the general terms and conditions applicable to, the Services that the Service Provider will provide to SARS under this Agreement. 5.2 SARS will from time to time issue a written service request to the Service Provider to perform Services identified in the service request. 5.3 The provisions of this Agreement shall apply to each and every service request issued under this Agreement. 5.4 The Service Provider will provide the Services to SARS subject to the terms and conditions of this Agreement generally and in particular subject to the terms and conditions set forth in the relevant service request. 5.5 No service request shall constitute a binding contract between the Parties unless a SARS purchase order is issued simultaneously with the service request and such purchase order appears on the face of the service request. 5.6 If there is a conflict in between the terms and conditions of this Agreement, and/or any service request and/or any annexures: 5.6.1 subject to clause 5.6.3, to the extent that the conflicting terms can reasonably be interpreted so that such terms are consistent with each other, such consistent interpretation shall prevail; 5.6.2 to the extent that clause 5.6.1 does not apply and subject to clause 5.6.3, any conflict between the provisions of the various clauses of the Agreement, the service request and annexures will be resolved in accordance with the following order of precedence (in descending order of priority): (a) the Agreement and its annexures; and (b) the Service Request and any annexures thereto. 5.6.3 a service request may amend the terms and conditions of this Agreement only with respect to the subject matter of such service request. Insofar as any service request specifically amends the provisions of this Agreement, such amendment shall prevail in respect of that service request only. For the avoidance of doubt it is recorded that that, the terms of one service request shall not apply to any other service request. 5.7 Each service request shall be in writing and contain all the information set out therein including: 5.7.1 details of the Services requested from the Service Provider; 5.7.2 contain the time within which the Services must be performed; 5.7.3 the costs for the Services; 5.7.4 indicate the purchase order for the Services; 5.7.5 the name and contact details of the SARS’s SARS designated representative requesting the Services; and 5.7.6 be signed by the SARS’s signature of the SARS designated representative; 5.8 The Service Provider is required to place in an appropriate place on the items delivered, a plasticized sticker that shows the purchase order number and the Service Provider’s contact details.