The Supplier undertakes. 8.1.1 To provide the Goods and/or Services in accordance with the Agreement, timeously and in a manner consistent with best industry practice. The Supplier warrants that it has and shall maintain the professional ability, trained personnel and infrastructure to provide the Goods and/or Services;
8.1.2 To comply with the reasonable written requests and instructions from time to time of the Purchaser’s designated representative;
8.1.3 To ensure that any facilities of the Purchaser or the Customer made available to the Supplier’s employees are kept clean and in good order;
8.1.4 Not to hold its employees out as employees of the Purchaser;
8.1.5 Not to hold itself out to any third party to be authorised to bind the Purchaser to any contracts whatsoever;
8.1.6 To conduct its employment relationships in accordance with the principles of fair practice and to comply with all applicable labour legislation;
8.1.7 To maintain its Black Economic Empowerment (“BEE”) status as measured on the signature date hereof and forthwith notify the Purchaser of any change in its BEE rating and to issue a new scorecard to the Purchaser within 7 (seven) days after the expiry of its existing scorecard;
8.1.8 To procure that any sub-contractor of the Supplier is bound, mutatis mutandis, by the terms and conditions of this Agreement
The Supplier undertakes. 16.2.1 to restrict disclosure of Confidential Information to such of its Representatives as need to know it for the purpose of discharging the Supplier's obligations under the Contract, and shall ensure that all such Representatives are subject to obligations of confidentiality corresponding to those set out in this Condition 16 (Confidentiality);
16.2.2 that the Supplier and its Representatives shall use Confidential Information only for the purposes of performing their respective obligations under the Contract;
16.2.3 that any person employed or engaged by the Supplier in connection with the Contract shall not, in the course of such employment or engagement, disclose any Confidential Information to any third party without the prior written consent of the Council;
16.2.4 to take all necessary precautions to ensure that all Confidential Information is treated as confidential and not disclosed (save as aforesaid) or used other than as permitted by this Condition 16 (Confidentiality); and
16.2.5 that, without prejudice to the generality of the foregoing, neither the Supplier nor any of its Representatives shall use the Confidential Information for the solicitation of business from the other or from any third party.
The Supplier undertakes. (a) to satisfy the Customer’s Orders for the Goods in accordance with these terms;
(b) to provide the Goods in accordance with the Specification;
(c) to provide the Customer required or requested information in respect of the Goods (including but not limited to the ingredient, allergen information, ABV or volume of the Goods, confirmations or verification required under the Wholesale Dealer’s Licence scheme managed by the Revenue Commissioner’s in Ireland, adequate evidence of the duty status of any Order, (as applicable));
(d) to ensure continuity of supply of the Goods;
(e) if applicable, to give the Customer at least 12 weeks’ notice of its intention to roll over to another vintage to meet Orders for any vintage specific Goods or any substantial changes to the blend of the Goods; and
(f) to adhere to lead times for production and delivery of Goods.
The Supplier undertakes. 14.2.1. except as otherwise agreed in writing prior to performance of the Contract, to obtain for the Customer all necessary consents, permissions and/or clearances in third party rights (including IPR) with respect to the Deliverables;
14.2.2. to ensure all Goods and Facilities comprised in the Deliverables are and shall remain throughout the Contract Period fit for the purpose for which they are supplied and are of satisfactory quality, without fault or error, of good construction and workmanship, of suitable and sound material and adequate strength, have been adequately serviced and maintained and tested prior to delivery, are compliant with the Law and, in the case of any vessel, aircraft or vehicle, are sea-, air- or road-worthy as applicable;
14.2.3. to ensure the Deliverables conform in all respects with any description of the Deliverables in the Contract and that the Deliverables are consistent with any sample supplied to, or inspected by the Customer and approved in writing by the Customer;
14.2.4. to competently fulfil its obligations under the Contract (which includes having relevant experience, training and/or qualifications) and use such due care, skill and diligence as would reasonably be expected of a competent supplier of the Deliverables whilst discharging its obligations under the Contract, and perform the Contract in a timely and professional manner in accordance with best industry practice for suppliers of deliverables similar to the Deliverables and continue to hold any licence, permit and/or certificate required by law for the performance of the Contract;
14.2.5. unless otherwise agreed in writing by the Customer in advance of the Supplier discharging its obligations under the Contract, to comply with all current relevant national and international technical standards and procedures and BBC and/or Customer technical standards and procedures, details of which the Customer shall provide to the Supplier;
14.2.6. to ensure it and the Deliverables comply with all current relevant laws and regulations and the Supplier shall use all reasonable endeavours to comply with all published relevant codes of conduct;
14.2.7. to promptly on demand produce to the Customer copies of all licences, permits and/or certificates relevant to the provision of the Deliverables as determined by the Customer, to promptly provide updated copies of such licences, permits and/or certificates in the event of any change or renewal and to immediately inform the Custom...
The Supplier undertakes. 1.1 not to give any offer, payment, consideration, or benefit of any kind, which constitutes or could be construed as an illegal or corrupt practice, either directly or indirectly, as an inducement or reward for the award or in execution of this contract; Z10.
1.2 to comply with all laws, regulations or policies relating to the prevention and combating of bribery, corruption and money laundering to which it or the Purchaser is subject, including but not limited to the Prevention and Combating of Corrupt Activities Act, 12
The Supplier undertakes. 2.2.1 To perform the obligations set out in Clause 2.1 and its other obligations under this Agreement.
2.2.2 To perform the Services and any other services (without limitation) to be provided by the Supplier under this Agreement in a good and workmanlike manner, with the highest degree of skill, care and diligence and in accordance with the highest standards applicable in the aircraft industry and in accordance with the Performance Standards.
The Supplier undertakes. 3.4.1 to nominate a member of staff or department as its system administrator and arrange for that person or department to ensure that User names and passwords are maintained secure and up to date in the event of staff members joining, changing role or leaving;
3.4.2 that each User is responsible for maintaining the confidentiality of their password and their account, and will be fully responsible for all activities that occur under their User password or account;
3.4.3 to use best endeavours to ensure that no User will make their password available to any other person and that Hitachi has the absolute discretion to cancel any password which it suspects is being used by any unauthorised person; and
3.4.4 that each User will immediately notify their systems administrator of any unauthorised use of their password or account and any breach of security, and ensure that they sign out from Creditmaster2 at the end of each session.
The Supplier undertakes. 4.1 That unless otherwise specified by the Company, the Goods, equipments or Services shall be effected by the Supplier or Contractor at the Supplier’s or Contractor’s own risk and expense (including the risk of deterioration in the Goods or Equipment necessarily incident to the course of transit) to the place and on the date(s) specified in the Agreement or duly authorised subsequent Order.
4.2 That prior to delivery the Supplier or Contractor shall inspect and test the Goods or Equipment for compliance with the Agreement or Order.
4.2.1 That the Company shall be entitled to request the Supplier or Contractor to supply certified copies of records of such inspection and tests free of charge and the Supplier or Contractor shall promptly and fully comply with such requests
4.2.2 That the Company shall be entitled to inspect and/or test the Goods or Equipment at any reasonable time, or times during manufacture, processing and/or storage of the Goods or equipment. If the Company exercises this right, the Supplier or Contractor shall grant to the Company or its nominated representative a right of access and shall afford to the same all such facilities as may be reasonably required for such purposes.
4.2.3 In the event that the Goods, equipment or any part thereof fail inspection and or testing the Company (without prejudice to any of its other rights) reserves the right to charge the Supplier or Contractor any cost in respect of travel and accommodation incurred by the Company for subsequent re-inspection and/or retesting (if any).
4.2.4 Any inspections or tests carried out under sub-clauses 2.2 and/or 2.3 above shall not in any way relieve the Supplier or Contractor from any of its obligations under the Agreement or Order or from those existing either at common law or by statute or any party thereof.
4.3 To deliver the Goods or Equipment as specified in the Agreement, in the quantities, on the date and to the address stated therein. No quantities in excess of those agreed or delivered in advance of the date agreed will be accepted or paid for without the written authority of the Company prior to the delivery. The Company reserves the right to reject incomplete deliveries and to refuse delivery, reject or refuse to pay for and/or (at the Supplier’s or Contractor’s expense and risk) return any unauthorised and/or unaccepted shortfalls or excess. Any signature by or on behalf of the Company on any delivery note of the Supplier or Contractor shall not signify acce...
The Supplier undertakes. 4.3.1 to notify to the Authority in writing full details of all Works promptly on their creation;
4.3.2 whenever requested to do so by the Authority and in any event on the termination or expiry of this Contract, promptly to deliver to the Authority all correspondence, documents, papers and records on all media (and all copies or abstracts of them), recording or relating to any part of the Works and the process of their creation which are in its possession, custody or power;
4.3.3 not to register nor attempt to register any Intellectual Property Rights in the Works unless requested to do so by the Authority; and
4.3.4 to do all acts necessary to confirm that absolute title in all Intellectual Property Rights in the Works has passed, or will pass, to the Authority; and
4.3.5 confirms that each member of Staff has given written undertakings in the same terms to the Supplier.
The Supplier undertakes. 8.1.1 To provide the Goods and/or Services in accordance with the Agreement, timeously and in a manner consistent with best industry practice. The Supplier warrants that it has and shall maintain the professional ability, trained personnel and infrastructure to provide the Goods and/or Services;
8.1.2 To comply with the reasonable written requests and instructions from time to time of the Purchaser’s authorised representative;
8.1.3 To ensure that any facilities of the Purchaser or the Customer made available to the Supplier’s employees are kept clean and in good order;
8.1.4 Not to hold its employees out as employees of the Purchaser;
8.1.5 Not to hold itself out to any third party to be authorised to bind the Purchaser to any contracts whatsoever;
8.1.6 To conduct its employment relationships in accordance with the principles of fair practice and to comply with all applicable labour legislation. The Supplier specifically undertakes that all labour shall be voluntary. Child, forced, bonded, prison, or indentured labour shall not be tolerated and workers will be permitted to maintain control of their identity documents at all times;
8.1.7 To be committed to a policy of compliance with the laws of South Africa and the maintenance of the highest ethical and professional standards. The Supplier shall familiarise itself with and abide by all competition legislation and shall not tolerate, permit or engage in bribery, corruption, or unethical practices, whether in dealings with public officials or individuals in the private sector The Supplier expressly undertakes not to offer gifts or entertainment with a view to soliciting any orders from the Purchaser, nor shall the Supplier enter into any transaction with an associate of the Purchaser that could potentially create a conflict of interest.
8.1.8 To maintain and to continually strive to improve its Black Economic Empowerment (“BEE”) status as measured on the signature date hereof and forthwith notify the Purchaser of any change in its BEE rating and to issue a new scorecard to the Purchaser within 7 (seven) days after the expiry of its existing scorecard
8.1.9 The Suppliers shall keep accurate records of all business related matters so as to ensure that the Supplier complies with standard accounting practices such as Generally Accepted Accounting Principles (“GAAP”) and/or International Financial Reporting Standards (“IFRS”).
8.1.10 To procure that any sub-contractor of the Supplier is bound, mutatis mutandis,...
