Supplier Procurement

1. GENERAL TERMS AND CONDITIONS

Upon a Supplier being the successful respondent to this RFP, Napier Port shall provide to that respondent a form of contract, which shall include, but not be limited to, the following;

1.1 Goods and Services Tax (GST)

Any monetary sums referred to in a participant’s RFP must not include GST.

1.2 Compliance with applicable laws and regulations

The Supplier must ensure the service complies with all applicable laws and regulations including health and Safety at Work Act 2015, Maritime Transport Act 1994 (MTA), Civil Defence Emergency Management Act 2002, Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, Maritime Rules, including Maritime New Zealand and WorkSafe New Zealand guidelines and Port of Napier Ltd Policies and Procedures relevant to the performance of the Services.

1.3 Variance to RFP Process

Napier Port retains the right to vary the RFP process if required and/or reject, or not consider further (in whole or in part), any compliant or non-compliant proposal it may receive from a Supplier.

1.4 No warranties or representations by Napier Port

All information provided to date and to be provided by Napier Port in relation to this RFP, is released on the following basis:

• To provide background information only.
• Napier Port makes no representation or warranty as to the accuracy, completeness or correctness of such information.
• If such information is relied on for any reason, the supplier does so at its own risk.

1.5 Accuracy and Adequacy the responsibility of the respondent

Suppliers are responsible for verifying the accuracy and adequacy of information supplied by or on behalf of Napier Port and their interpretation of it.

1.6 Supplier’s warranty

All information provided by the Supplier in its Proposal is warranted by the Respondent to be complete and accurate in all material respects.  The Respondent also warrants to Napier Port that the provision of information to and use of it by Napier Port for the evaluation of the Proposal, and for the negotiation of any subsequent contractual agreement, will not breach any third-party intellectual property rights.

1.7 Confidentiality

Napier Port recognises that Suppliers may provide commercially sensitive information in their Proposal.  However, Napier Port may make available to its advisors information received, to the extent that Napier Port, in its absolute discretion, considers is required for the proper evaluation and reporting on the Proposal.

1.8 Napier Port Not Liable

Napier Port is not liable to any person for breach of any part of this RFP or any duty that may arise in connection with the RFP process.

1.9 General Indemnity

The Supplier will be liable in respect of, and indemnifies and will keep indemnified Napier Port against any claim, loss, damages, costs, charges or expense which any of them pays, suffers, incurs or is liable for (including legal costs on a solicitor and client basis).

1.10. Insurance

Suppliers must submit evidence of insurance coverage, including general liability, professional liability and any other relevant marine liability insurance policies that might be associated with the proposed services.

1.11. Costs of responding to Request for Proposal

Suppliers must pay their own costs of submitting their Proposal.

1.12. Napier Port’s further rights

For the avoidance of doubt, Napier Port may:

1. Re-advertise this RFP
2. Change any intended date in the Response Process (i.e. extend or shorten timeframes)
3. Suspend or cancel all or any part of the Response Process
4. Withdraw this RFP at any time
5. Seek clarification of any response
6. Adjust any response following clarification and confirmation of that adjustment with that respondent
7. Consider or reject any non-compliant response
8. Not give any reason for suspension or cancellation of the Response Process
9. Change any rule of the Response Process
10. Amend this document and any associated documents
11. Negotiate with any respondent to the exclusion of any other respondents
12. Interview any respondent to the exclusion of any other respondent
13. Vary the products and/or services prior to entering into a contract with the preferred respondent
14. Accept any proposal we may choose
15. Refuse to accept the lowest priced or any of the responses
16. Waive any irregularities or informalities in a response or in the evaluation of responses or in the Response process
17. Responses will be held in confidence; however, Submitters should be aware that Napier Port may be required to provide confidential information under the Local Government Official Information Act 1987.