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GENERAL CONDITIONS

The present document contains  the general specifications and dispositions from  which all  suppliers  must conform  for a tender .

 It gives  also the details of  ENAB  buying  procedures.

 Article 1 TENDER CONDITIONS

 1/ The bid  should be sent in a closed envelop and must be  anounimous.

 The exterior envelop should mention  :

 " Consultation  N° DG …………..

    Supply of …………(quantity )m3 of………….(kind of goods)"

 It will be sent to the  fellowing adress :

 ENAB, 2 Boulvard MOHAMED V ALGIERS – ALGERIA –  

PO BOX  : 166 ALGER GARE

The buyer will  expect  from the supplier that he has studied carefully   all the conditions and the dispositions  before making his tender .

If the tenderer does not give all the required informations , his bid will be then  rejected .

2/  complementary informations

The  tenderer  may request  for more  explanations about the specifications of the goods to be delivered .

  He must then ,  write to the buyer within the limit  date of depositing des bids .

(  the algerian week- end : thursday  and friday must be taken into account by the tenderer ).

 3/ Technical specifications and quantities.

 The specifications and the quantities are an integral part of the contract.

 They are joined to the present   articles and conditions .

The technical specifications, give  indications related to the products and in particular their  technical caracteristics   and fiability.

The products must be imperatively conform to the  standard of the official classification of the country of origin or those indicated in the consultation.

4/ Modification of the specification

The buyer  may  modify the content of the specifications at any time before the tender   enclosure date.

The modifications   will be then  notifed  to all the tenders .

5./ Validity delay  of the tender.

 The bid will be valid for a duration of 30 days fellowing the tender  enclosure date .

This delay may be extended with the agreement of the tenderer.

6/ Tender out of delay.

 If  the bid  will reach  the buyer after the expired date , it will then not be accepted .

7/ The buyer  right to accept or to refuse the tender.

The buyer has the right to accept or to refuse any tender at any time before the attribution of the contract .

He is not obliged  to give to  the  affected tenderer the reasons of his decisions .

Article II  OPENING OF THE TENDER  LETTERS AND EVALUATION OF THE BIDS

After opening the tender envelops  , the buyer  will  make the  evaluation and the comparaision of the offers . He will determinate whether the bid  is conform to the tender conditions.

All the bids  which are  not conform to the essential  tender conditions will be then  rejected.

The buyer will take all the evaluated offers that he will judge   financialy more competitive , taking, of course  into acount the fiability of the supplier  and his capacity to execute the contrat as well as his experience .           

GENERAL DISPOSITIONS 

Article III FINAL NEGOCIATIONS .

I f the  bid  is accepted , the tenderer is  advised  before the  end of the validity of the TENDER.

He will then , be invited  within a time limit , for negociations  at the buyer’s office.

For that purpose , the seller or his representative agent  must have :

- 1. a legal   act which must be  duly signed   by the entitle section of the seller’s company.

This act allows   the  representative agent to negociate on behalf of the seller , and dicuss the technical as well as the financial aspects of the bid .

 In case of an agreement , with this act , he will be allowed to sign the      contract 

 -  2. The stamp of the seller’s  company

 Article  IV  PRICE OF THE BID

 The prices mentioned in the offer  must be given  FOB and C and  F FREE OUT  algerian ports  (   2 ports of discharge / Expedition  in maximum )

 The  agreed prices  after negociations , will be ferm and not reviewable during the  whole       execution of the contract.

OFFER CURRENCY

 The prices will be indicated in the currency of the seller’s country or the country of the  product origin.

 Article  V PAYMENT MODALITIES

 The buyer will take the engagement to pay  the contracted  amount by  an irrevocable and  confirmed letter of credit  payable at sight against the delivery of expedition documents  given in the L/C.

The confirmation fees of the L/C  are to be payed  by the seller.

The letter of credit will be open immediatly after the signature of the contract.

It will be valid to cover  the planed dispatches .

 It will allow partial payments.

The bank fees will be payed by the seller abroad and by the buyer in Algeria , except the fees related to the garantee bond.

Article VI  GUARANTEE BOND.

According to the  ENAB  commercial policy , the seller must  issue a guarantee bond  in favor  to the  buyer  by a BANK  that should be approved  by the  Algerian bank .

This guarantee  bond corresponds to 5% of the contract amount.

 It must reach the buyer ‘s bank within   the fellowing week of the L/C reception.

The  contract  will be valid  only if the guarantee bond is effectivly received by the buyer and accepted  by  his bank.

The guarantee bond  will cover  the  buyer against any faillure of the seller  to deliver the products that are not conformable to  the specifications as well as the  fabrication defects , other anomalies and eventualy the dispatch.

The  buyer will order his bank to release the guarantee bond , once the reception of the last shipment is correctly done

The value of the guarantee bond is established  like so :

1.   when the amount of the contract is equal or inferior to 5 millions USD , the value of the guarantee bond is equal to 5% of the contract amount.

2.   If superior to 5 millions  USD the rate to be applied to the   garantee bond value , will be decided by mutual agreement.

The validity  of the guarantee bond is fixed  up to 90 days fellowing the date of the last arrival of the good  to the Algerian port.

The seller will order the  prolongation of the  guarantee  bond validity in order to cover  the eventual extention of  the contract delay  or the dates of expeditions if postponed by mutual agreement.

Article VII  DUTIES , TAXATIONS  AND BANK FEES .

All the fees related to taxations , duties  and banks are to be taken by the seller if they must be paid in his country .

They are taken by the buyer if they are to be paid in Ageria except the fees related to the pier dues which must be payable by the ship owner .

Should the delay of the guarantee bond be extended , the bank fees that fellow then   must be payable  by the seller.

 Article VIII  PLANING OF DELIVERY

The planing of delivery established by the buyer , indicates the period   winthin which the goods should be delivered.

The quantities are decided per expedition  by mutual agreement .

If the expeditions are delayed , penalties are applied to the seller except in case of absolute necessity.

Article IX  EXPEDITION AND DELIVERY CONDITIONS.

A/ Freighting notice

For each expedition , The seller wille notify to the buyer by mean of fax , the fellowing inquiries .

1.   The name of the vessel

2.   name and adress of the ship owner , the flag nationality

3.   the age of the vessel

4.   the vessel characteristics : lenght - width - ship’s draught  in full charge - number of cranes and their capacity - the holds number and their dimensions .

5.  For all vessels above fifteen (15) years  of age  the vendor will take all the expenses connected to the overage fees   as well as those related to the flag of the ship  which are required by the local insurance  company

B/ Loading instructions

When the vessel is designated , the buyer gives the loading  instructions with the precisions of the  quantity and specifications  to be discharged in each port.   

The copie of these instructions is given at the time of paiement.

These instructions cannot be transmeted if the guarantee bond has not be deposited.

C/ Expedition notice

After the buyer has accepted the designated   vessel , the seller will give the fellowing  details :

n     the real  loaded quantities ( volume , number of parcels , total weight )

n     Nature of the product

n     the value of the good ( for insurance purpous )

n     ETS and ETA for the reception of the vessel

D/  Arrangement of the goods on the vessel

The goods must be loaded  according to the number of the bill of loading as requested by the instructions  of loading.

The goods are to be arranged  according to order of  unloading in the ports of reception.

E/ Insurance of the goods

The goods object  of the contract are to be insured by the buyer as soon as he will receive the expedition notice.

The fees of the insurance  are payable  by the buyer according to the Algerian law.

Article X  COMMERCIAL DOCUMENTS.

A/ Documents to be established :

For each expedition the documents to be presented for payment are :

 1.   commercial invoice ( 8 copies including 4 originals ) established for each  loading port and for each port of reception . A n original invoice will be transmited by DHL .

 2.    Loading detailed specifications list ( 3 copies )

 3.   Certificat of origin (3 copies  )

 4.   Certificat of conformity ( 3 copies )

 5.   Certificat of inspection  delivered by the mandated agents of the buyer or by an international control  organism after  a writen acceptation by the buyer

6.   A complet set of  bill of loading  «  CLEAN ON BOARD «  ( 6 copies  including 4 originals ) established for each loading port and each port of reception  , with the precision of the total volume, the number of parcels .     The document must be signed by the captain of the vessel .    An original  copie for  each port of reception must be sent by DHL.

7.   A phytosanitary certificat ( 2 copies  including 1 original ) must be sent by DHL to the buyer.

8.   2 packeting lists  showing the parcels number , their volume , ( cross section , and lenght ) . 1 COPIE  MUST BE SENT BY DHL to the buyer .

9.   2 copies of the export declaration  including 1 copie to be sent by DHL to the buyer.

10. Loading instructions to be delivered by ENAB.

11. A   receipt showing that the documents have been sent to the buyer

B/ Documents to be sent to the buyer .

After loading the goods , the seller must send to the buyer by DHL or semiliar means , copies of the fellowing documents :

n     1 original invoice

n     1 original  bill of loading

n     1 phytosanitary certificat

n     1 export declaration

n     1 parcel list

n     1 certificat of origin  

Article XI  RECEPTION CONDITION

 A/ inspection of the goods before expedition

The inspection of the goods before expedition is  one of the most important operations of the contract.

The buyer or his representative agent  , has the right to inspect the goods at the expence of the seller, to make sure that they are in conformity with  the specifications mentioned in the  contract.

For that purpous , the buyer will notify to the seller the identity of his representative agent , and will precise the nature of the inspections, within  20 days before the planed  date of  loading.

The seller must notify to the buyer 15 days before  loading the goods to be inspected.

1.Inspection by the buyer

 The buyer  or  his representative have the right to inspect or to order an inspection in the seller warehouse.

The inspection may be carried out in an other place such as the port at any period before the loading.

The seller will do all the necessary to facilitate this operation on his  expence.

 The goods will be loaded once the certificat of inspection is delivered by the buyer .

If the inspected goods don’t  correspond to  the specifications mentioned  in the contract  , the buyer or his representative may reject the cargo.

 The seller is ought then to replace the goods according to the specifications  and obligations of the contract at his own  expence.

 If  the seller contests the results of the inspections , he may order an expert opinion to an independant and specialised organism .

The  obtained results  , will be definitive and bond the two parties.

The inspection and tests procedures are required by the buyer  according to the to the  measures of quality listed in the  technical specifications in respect to the standards established by professional.

2.Inspection by an international organism

This inspection may be led by a well known  international organism of control at the buyer’s  request .

This organism will deliver a certificat attesting that the goods  are  in accordance with  the contract.

Before any inspection , a list o the specifications ( number of parcels, per lenght, cross-section and volume ) must be given to the buyer.

B/ Quantitive  control of goods after reception

The   quantitative control  of goods after reception is done in ENAB  warehouses.

In case of a  volumetric deficit , the buyer will inform the seller .

The seller will delegate his representative agent  to assist the expertise.

The deficit will be written in a statement  report which must be signed by the two parties .

Article XII  MODIFICATION OF THE  CONTACT

When the buyer wishes to modify   the contract in term of   delay and  place of delivery , the specifications of the goods , packing and so on , he will  set down  these alterations in writing  to the seller .

The two parties will agree  on the alterations and  the contract will be amanded in consequence.

However , the prices will not change .

Aricle XIII  ADDITIONAL DISPOSITIONS TO THE CONTRACT /OPTION.

The contract  may be altered by an aditionnal clause that must be agreed and signed by the  two parties.

In case of the buyer  option , buyer / seller , it   can only  be executed by an amendement to the contract that must be agreed and signed by the tow  parties.

Article XIV  PENALTIES.

- NON RESPECT OF TIME DELIVERY

A penalty of 0.5 % of the contract value per week  will be applied to the seller if the goods are  not delivered  on the  planed date .

The global penalty  amount will not exceed 5% of the  contract value.

Beyond that limite , the contract may be canceled .

- NON DELIVERY OF GOODS

When the seller does not deliver  all the goods  or a part of it within  the fixed delay ,  penalties will be then  applied to the seller .

 The buyer will then have the right to purchase the rest of the undelivered quantities , somewhere elss.

-NON RESPECT OF THE SPECIFICATIONS

If the specifications of the goods ( cross-esction and  lenght ) are not respected by the seller , the buyer will apply to him a penalty of 5% of the litigious goods value .

Article XV  CANCELLATION

The buyer has the right to cancell  in an absolute necessity , with no damage, a part of the contract or all ,  by a simple notification  to the seller , without  any obligation to carry out an arbitral or judicial  formality .

This cancellation will occur also in the fellowing cases :

n     Non respect of the delivery delay

n     non respect of the delivery of the goods

n     case of bankrupsy or rule of court.

n     The seller is insolvent ( when the seller does fraudulent acts  during the execution of the contract especialy as far as the quality , quantity, origin of goods  are concerned )

n      Dangerous International situation for the buyer.

Article XVI  CIRCUMPTENCES  

 The Circumptences  designates all imprevisible events .outside the tow parties control.

Article XVII   DISPUTE SETTLEMENT.

Any dispute that will occur after a misinterpretation or a non execution of the contract , will be  settled amicably .

in absence of an amicable agreement , the dispute will be submited exclusivly to the  commercial Algerian juridiction                  

The algerian law will be then applicable.

Article X VIII  WORKING LANGUAGE .

For the buyer  ,The working language is french

However ,  according to the Algerian law  the draft contract is in Arabic . A translated copie into french will be given to the seller for whatever purpous it may be.

 1/Packaging

The seller must conform to the buyer’s specifications . The goods will be loaded as fellow :

White wood and red wood lumber

The wood must be arranged  in parcels of one ton minimum and three maximum.

Each parcel is of one kind of cross-esction , one lenght and one quality.

The size of the parcel will be :  . hight : 1.30 m

                                                   . width : 1 m approximalty

Up to  1 %  bulk ( except accident) a   penalty of 5 USD / M3 will be applied to the seller . Above this rate the cargo will be rejected .

 The buyer must presente to the seller a document showing  his justified claims.

 2 / Wrapping

 a) cover

The red wood  parcels ( sylvestre pin ) must   obligatory be  covered  with plastic film  that resist perfectly to rain

b ) Bandage

The parcels must be banded  with 3 good quality  metalic bands. The bands should not be rusted

Their number should be 4 to 6 for the  pieces of 5 m and more .

The inferior base of the parcels must have wooden cross bar to allow rapid manipulations .

 Wooden Sticks are put in the parcels to avoid the pieces to roll.

 c)  Parcel identification

 1.  In each  parcel a plastic card  showing :

n     identification number of the parcel

n     trade marque of the seller

n     trade marque of the sawmill

n     number of pieces

n     cross-section  and lenght

n     volume

 2.  On  lateral face of each parcel , are paint the logo of ENAB

 3.  Quality identification

 The red wood  parcels must allow the quality of the sawmill that should correspond to the buyer’s quality .

The seller is ought to give to the buyer the list of all the sawmills within the month fellowing the opening of the LC .

Concerning the white wood , the cross-section of each piece must be paint.

 4. Moisture containt

 The moisture containt should be maximum 15%  for the red wood  , after kiln dry

 For white wood , the moisture containt  must not exceed 24%.

 National entreprise for the supply of wood and its derivatives

 ENAB spa

 2 boulevard MOHAMED V

ALGIERS

ALGERIA

Tel :+213 21 63 77 35

       +213 21 63 78 12

Fax : +213 21 63 77 17

          +213 21 63 77 37

 GENERAL   CONTRACTUAL 

DISPOSITIONS  FOR

WOOD SUPPLY