1. INTERPRETATION

In these e-Procurement Conditions (unless the context otherwise requires):

• 1.1. Company is PT Tempo Scan Pacific Tbk and its subsidiaries are part of the Tempo Group
• 1.2. Company Representative refers to PT. Tempo Nagadi Trading, which the subsidiaries of The Tempo Group that the Company may subsequently nominate in writing to the Seller
• 1.3. Company-Supplied Information means information (whether written, oral, electronic or in any other form) provided or made available by or on behalf of the Company to any Seller in relation to the e-Procurement Documents or any of the matters contemplated by those documents
• 1.4. Purchase Order to be entered into between the Company and the successful Seller as a consequence of this e-Procurement process;
• 1.5 Invitation to Offer means the documents designated as such which has been issued to the Seller electronically in conjunction with the other e-Procurement Documents
• 1.6. Site means the premises of the Company where the Offered goods are to be delivered together with the premises where the offered work is to be performed and any other premises identified in the e-Procurement Documentation as forming part of the Site
• 1.7. The Offer means a proposal that the Seller submits to the Company in response to the Invitation to Offer and which is comprised of the documents specified in the Invitation to Offer
• 1.8. Seller is the Company which has been invited to submit an Offer. Seller must be registered as an approved vendor in the Company;
• 1.9. E-Procurement Documents means these e-Procurement Conditions, the Invitation to Offer and each of the documents named as e-Procurement Documents in the Invitation to Offer;
• 1.10. Offer Submission Date means the date referred to as such in the Invitation to Offer.

2. CONTRACT AND REQUIREMENTS FOR SUBMISSION OF AN OFFER

• 2.1. The Seller must:
  a. Prepare and submit an Offer strictly in accordance with the requirements set out in the Invitation to Offer and the e-Procurement Documents
  b. Complete and include as part of its Offer all the schedules, annexure, and other information required by the e-Procurement Documents
  c. Submit an Offer by the date and time specified in the Invitation to Offer.
  
• 2.2. By submitting an Offer to the Company, the Seller agrees to the terms of the e-Procurement Documents (including these e-Procurement Conditions).

3. CONFIDENTIAL INFORMATION AND PUBLICITY

• 3.1. The fact that the Company is seeking offer for the supply of the goods and/or services, together with the Company-Supplied Information and all information (whether oral, written or in electronic form) contained in the e-Procurement Documents of disclosed to the Seller in connection with the e-Procurement process including drawing, specifications and technical and other information supplied to Sellers is confidential. Except with the prior written approval of the Company Representative, the Seller shall not disclose such information to any third party, or permit it to be used, copied, reproduced or distributed in whole or part for any purpose other than for the preparation of the Offer.
• 3.2. The Seller must not advertise or issue any information, publication, document or article (including photographs or film) for publication or media release or other publicity in relation to the Tempo e-Procurement. Where the Seller receives an enquiry relating to the Tempo e-Procurement from the media, the Seller must refer the person making the enquiry to the Company’s Representative and must immediately notify the Company’s Representative of the fact that an enquiry was made. The Seller must not make any other comment in response to such an enquiry.
• 3.3. By submitting an Offer, the Seller agrees that the Company may, for the purpose of carrying out the Offer evaluation, copy, use and disclose any documentation or information (whether in written, oral or electronic form) provided by the Seller.

4. INTELECTUAL PROPERTY

• 4.1. All rights of intellectual property, including copyright in the e-Procurement Documents, drawings, data and technical and other pictorial and written information supplied to the Seller by the Company or any person or body for or on behalf of the Company, shall be and at all times remain the property of the Company.
• 4.2. Without affecting any intellectual property rights which may exist in an Offer, all Offers submitted in relation to the Invitation to Offer shall be the property of the Company.

5. PRIVACYY

• 5.1. The Seller agrees to be bound by applicable privacy and data protection Laws with respect to any act done or practice engaged in by the Seller in the same way and to the same extent as the Company would have been bound in respect of that act or practice had it been directly done or engaged in by the Company.

6. REQUEST FOR FURTHER INFORMATION

• 6.1. The Seller may request further information from the Company in relation to the e-Procurement process that are the subject of the Offer. Any such request shall be sent to Tempo e-procurement platform.
• 6.2. At any time after the submission of Offers, the Company or the Company Representative shall be entitled to request such further information as the Company or the Company’s Representative may require from the Seller or to obtain clarification of any details included in an Offer. The Seller shall promptly comply with such requests.

7. SUBMISSION OF OFFERS

• 7.1. It is the Seller’s sole responsibility to ensure that the Company receives an Offer on or before the Offer Submission Date. The Company may, in its absolute discretion, consider or refuse to consider any late Offer response.
• 7.2. By submitting its Offer and in consideration of the Company agreeing to evaluate that Offer, the Seller agrees not to amend or withdraw its Offer before the expiry of the period contemplated by clause 11.1.

8. OFFER PERIOD

• 8.1. Offers shall remain valid for acceptance by the Company for the period specified in the Invitation to Offer.
• 8.2. Should the Seller discover any discrepancy, error or omission in its Offer response, the Seller shall immediately notify the Company Representative in writing through Tempo e-procurement platform, of the nature of the discrepancy, error or omission.

9. ACCEPTANCE OF OFFER RESPONSES

• 9.1. An Offer will not be deemed to have been accepted in respect of the Offered goods until a formal written Purchase Order is executed the Company
• 9.2. Should an Offer be accepted, the Seller acknowledges and agrees that the Company may include all or part of the offered quantity into the Purchase Order.
• 9.3. The Company may use its absolute discretion in prioritising the Offer responses and in selecting the successful Seller. The Company will not necessarily accept the lowest price Offer as the successful Offer.

10. REJECTION OF AN OFFER

• 10.1. An offer can be rejected by the Company, that is the Company does not accept the terms of the Offer or makes a Counter-Offer
• 10.2. At the completion of the Offer process, the Sellers whose Offer has been rejected will be advised in writing. The Company is not obliged to disclose reasons for the acceptance or non-acceptance of any Offer and no further correspondence in connection with the e-Procurement Documents or the Offers will be entered into.

11. LIMITATION OF LIABILITY

• 11.1. The Company makes no representation or warranty whatsoever (whether express or implied, written or oral) to the Seller and makes no undertakings to the Seller, other than to invite the Seller to submit an Offer in the manner contemplated by the Invitation to Offer.
• 11.2. The e-Procurement Documents constitute an invitation to potential suppliers to make an offer to the Company for the provision of goods to the Company. The e-Procurement Documents should not be construed or relied upon as an offer capable of acceptance.
• 11.3. The Seller participates in the e-Procurement process contemplated by the e-Procurement Documents at its own risk and expense. The Seller is not entitled to be reimbursed or compensated for any expense or loss incurred in connection with preparing or submitting the Offer or otherwise in connection with the e-Procurement Documents.
• 11.4. The Company, its affiliates, directors and employees shall have no liability or responsibility whatsoever to the Seller in connection with or in relation to the e-Procurement Documents, or the Seller’s participation in the e-Procurement process. Without limiting the foregoing, Company will not be liable or responsible to the Seller in circumstances where:
  a. the Company elects not to acquire (in whole or in Part) the goods that are the subject of the e-Procurement Documents;
  b. the Seller is not selected to supply the goods and/or services that are the subject of the e-Procurement Documents;
  c. any information or data forming part of the Offer is lost, corrupted or not received; or
  d. the Company exercises any of its rights or discretions under or in connection with the e-Procurement Documents.