​Terms & Conditions

MANDATORY DOCUMENTS

A copy of the signed Terms & conditions agreement.

A copy of your business /commercial registration document.

A brief description of your company profile, references and the type of products & services you offer.

A copy of the your catalogues for the products you intend to supply KOTC.

MAILING ADDRESS:

THE MANAGER

Purchasing Group,(4th Floor)

Shuwaikh Administrative Area,

Jamal Abdul Nasser Street,

Block 4, Kuwait.

P.O.Box 810, Safat, 13009 Kuwait.

Direct Tel: +965 24625454

Fax No: +965 24625491

Email: fpd@kotc.com.kw

GENERAL TERMS & CONDITIONS FOR

CONTRACTS & PURCHASE ORDERS

TERMS & CONDITIONS FOR PURCHASE ORDERS

  1. 1. Quotations to be submitted ONLY through KOTC’s website unless and otherwise you are instructed specifically to use any other mode. Quotations sent through Fax or E-mail will not be accepted.
  2. 2. Supply of the Goods / Services should be in accordance with, and as specified in the purchase order.
  3. 3. The goods must be delivered as per the delivery instructions given in the purchase order at your own risk.
  4. 4. All goods should be securely, safely packed and transit worthy.
  5. 5. KOTC reserves the right to reject your supply/service if the same has not been delivered/rendered within the agreed time or not as per the specifications given in the purchase order.
  6. 6. The Goods must meet the Safety Performance Requirements of the intended purpose and should accordance with the relevant safety, health environmental and energy policies that prevails and practiced universally.
  7. 7. No additional charges will be paid other than the agreed amount as per the purchase order confirmation
  8. 8. No VAT to be charged in your invoice as we are exempted from the same.
  9. 9. KOTC transacts business only with bonafide business establishments which had been duly registered as per the law that exists in their respective country.
  10. 10. All purchase orders are subject to INCOTERMS.
  11. 11. Certificates from competent authorities/makers/classification societies for safety related items such as ropes, shackles and other items as the case may be must be provided.
  12. 12. Safe Working Load/breaking load should be specified for items such as Ropes, Chain Blocks etc.
  13. 13. You must supply only genuine spares and clearly specify the country of origin in your quotes.
CRITERIA FOR SUPPLYING SPARES FOR CRITICAL MACHINERIES TO KOTC

We wish to reiterate KOTC’s policy to buy spares for “critical equipments” such as Main Engine and Aux. Engines ONLY from Maker or Makers’ licensees or Authorized Sales Agents of Maker or their Licensees.

In order to avoid unnecessary correspondence/ rejection of the items supplied please ensure sources of spares for critical machineries offered by you is clearly mentioned on all your quotes. Mere mentioning Genuine (Original) Spares will not suffice.

Please clearly mention in your quotes for critical machineries the source of the spares offered by you as: From Makers M/s. so & so … or From Makers Licensee M/s. so & so… or From Authorized Agents of Makers’ Licensee M/s. so & so… the spares has been purchased with the country of origin.

If your company is only a Trading House, you have to confirm that only genuine spares are supplied from any one of the above sources and a copy of the inward delivery receipt from Engine Makers or their Authorized Agents from whom you have originally bought the spares has to be sent along with the spares to our vessel/forwarder and another copy of the same should be sent with your invoice.

OEM Spares will NOT be acceptable for critical machineries.

In case OEM spares are offered for non-critical machineries, it must also be clearly stated in your quotation with the name of the Maker as above mentioned.

IMPORTANT GUIDELINES

Kindly go through the following guidelines for smooth business relations:-

Keep your commitment on DELIVERY DUE DATE. If any changes in delivery due date, kindly communicate well in advance. Defaults would definitely affect your Performance Rating in our Books.

  1. Delivery note signed by our Forwarder/ Vessel must be attached with your Invoices. Quote our Purchase order number in your invoice and delivery note.
  2. Kindly include a delivery note in each package of Goods delivered to us. The delivery note must contain :(a) Order number (b) item number;(c) Units of measure (as per the Order); and(d) quantity delivered.
  3. Use our Purchase Order number in all your communications.( For Example 2008/AAA/0555 )
  4. Use ECO friendly Packing materials as far as possible.
  5. Partial/Multiple deliveries will not be accepted for a single purchase order.
  6. You can contact The Superintendent Financial Accounts or Superintendent Financial Payments through ho-email@kotc.com.kw for your queries related to your invoice and payment.
  7. You can use fpd@kotc.com.kw for any queries related to our purchase orders and for general correspondences (other than quotes)
WE WANT YOU TO KNOW
  1. 1) Your registration will be accepted only on receipt of the signed Terms & Conditions document along with the mandatory documents. ( Click here to download the documents)
  2. 2) Our processing time to review your registration is approximately 2 weeks depending on all relevant documents we have requested above have been provided to KOTC.
  3. 3) Completing the registration process does not guarantee your company will receive a request to bid or a contract from KOTC, nor does it imply that your company has any type of procurement relationship, either now or in the future, until KOTC's procurement team has a requirement and invites you to participate in our procurement process.
VENDOR / SUPPLIER / USER AGREEMENT

The Procurement System (also referred to as the "System") is an electronic tool that allows Kuwait Oil Tanker Company S.A.K (hereinafter referred to as KOTC) to provide to participating vendor’s authorized representative (hereinafter referred to as "Vendor") the ability, among other things, to receive requests for quotations, purchase orders, contracts and send quotes, bids, shipment notices and invoices online and engage in cooperative procurement activities.

The Vendor is required to complete the online registration of his/her company profile for approval. This would allow KOTC to register the Vendor as pre-approved supplier of KOTC and assign a user name and password for secured access to the System.

The Vendor acknowledges that he/she fully understands the nature of the System and the governing terms and conditions. The Vendor's use of this System constitutes his agreement to the terms and conditions, which are stated below.

Conduit Services Only:

The KOTC Procurement System provides only an internet conduit through which the Vendor can communicate the availability of its goods and services, respond to request for quotations, bids or proposals to KOTC and for KOTC to communicate its procurement needs to the Vendor.

Signatures:

If either Party transmits a document using any network access device or password of such Party, such document will be deemed “signed” and “executed” by such Party. Each Party waives any defense to the enforceability of any contract formed as a result of the transmission of such document on the ground that it was not “signed” or “executed” by the Party.

Transmissions:

Proper Delivery:

Documents shall be deemed properly delivered by the sender when transmitted to the receiving Party’s pre-agreed designated receipt terminal or electronic mailbox.

Proper Receipt:

Documents shall be deemed properly received by the receiving Party when accessed at such Party’s designated receipt terminal or electronic mailbox, whether or not acknowledgement is received by either party.

Acceptance:

If the Parties agree in writing that notification of acceptance of the terms of a document is required, any such document even though properly received, shall not give rise to any obligation unless and until the Party receiving such document has properly delivered in return an acceptance document or other agreed form of acknowledgment of acceptance.

Garbled Transmissions:

If any properly delivered document is received in an unintelligible or garbled form (i.e. one which cannot be completely translated) the receiving Party shall promptly notify the originating Party and request a copy of the document to be re-transmitted. In the absence of such a notice, the originating Party’s records of the contents of such document shall prevail.

Coded Access:

The KOTC iProcurement System is available only to designated agents, and properly registered vendors who desire to, have entered into, or are choosing to enter into legally binding agreement with KOTC. Accordingly, access to the System is limited to vendors having been assigned username and password. In addition, only authorized vendor representative, who hold individual username and password may use this System. The Vendor agrees not to divulge his Vendor username, password or any individual authorization code to anyone outside his company. KOTC has no way of detecting unauthorized use of the Vendor's codes and is not responsible for any unauthorized use of the System. The Vendor is solely and completely responsible to SAFEGUARD THE ASSIGNED USERNAME AND PASSWORD. Unauthorized users of this System may be subject to both civil and criminal prosecution under applicable laws.

Availability of the Site:

KOTC’s online procurement tool utilizes the internet and the World Wide Web which is comprised of systems that are completely out of KOTC’s control. KOTC is not responsible for internet outages, hardware failures, software failures, downtime, FORCE MAJEURE?, acts of God and/or user errors. While every effort will be made to keep the site operating during all scheduled hours of operation, no guarantee of uninterrupted operation can be given. The Vendor agrees that the services provided on this site are provided as is basis and that the Vendor will not have any claim against KOTC as a result of any non availability of the site at a particular given time or times or any failure of the System to operate as intended. It’s the sole responsibility of the Vendor to contact KOTC in the event the System is inaccessible for an extended period of time.

Vendor Responsibility:

The Vendor understands and agrees that he assumes full and sole responsibility for the use of this site. If the Vendor is dissatisfied with any aspect of this site or the services it provides, his remedy is to provide the KOTC Procurement department with any recommendations for improving the System.

THE VENDOR AGREES THAT HE HAS, AND WILL HAVE NO CLAIM OR RIGHT OF ACTION OF ANY KIND AGAINST KOTC, OR KOTC’S OFFICIALS, IN CONNECTION WITH THE KOTC I-PROCUREMENT SYSTEM OR HIS USE OF THIS SYSTEM

Information Provided by the Vendor:

The Vendor agrees that any information he provides either when registering to use the System or any time thereafter is true, accurate, current and complete. The System is self maintained and the Vendor is responsible for updating his registration information a minimum of once every calendar year, and as and when there are material changes in the information provided earlier. Information not validated may be considered inactive and removed from KOTC System. If KOTC suffers any claim or incurs any liability as a result of information entered into the site by users of the Vendor's account the Vendor will indemnify KOTC against such claim or liability including costs and attorneys fees incurred in defending against it.

Security:

KOTC uses industry standard security measures, to safeguard any information the Vendor may provide to KOTC on the System. The Vendor has the responsibility to manage his internal security by safeguarding his password and establishing his own internal security procedures, as he would for paper transactions, to assure the proper use of the System. In the event of any compromise in the security of the System, the Vendor agrees to immediately report the same to KOTC and a new password will be assigned for the Vendor's use. However, the Vendor acknowledges that perfect security does not exist on the Internet, and KOTC does not and cannot guarantee that information will in all cases remain secure.

Responsibility for Sales Activities:

The Vendor agrees that the full responsibility for the sales process lies with his company. It is solely the Vendor's responsibility when using this System to comply with all applicable laws, regulations, and policies governing his sales of goods or services. KOTC shall have no responsibility for ensuring that sales of goods or services using this System will comply with such laws, regulations, and policies. As in a paper sales transaction, the Vendor, in using the System, has the sole and exclusive responsibility for the sale including, but not limited to, the following:

• Preparing and assuring the completeness of any bids, quotes or proposals

• Selecting appropriate procurement opportunities

• Complying with all applicable legal requirements

• Establishing and adhering to the terms and conditions of contracts

• Assuring proper authorization to enter into a contract and proper administration of any resulting contract

• Maintaining the security and integrity of the procurement process.

Access to Internet:

The Vendor agrees that in order to use this System he must:

Arrange for his own access to the Internet (KOTC recommends an ADSL connection) Arrange all equipment necessary for him to connect to the internet.

Interference with Others:

The Vendors agrees not to use the site in a manner that would restrict or inhibit any other third party’s use of the services.

Links to Other Sites:

KOTC Procurement site may contain links to third party websites that are not under the control or operation of KOTC. The vendor understands and agrees that the linking of the system to other sites are endorsed by KOTC, and KOTC is not responsible for the legality, accuracy or other aspect of the operation or content of any sites to which links are provided.

Framed Links:

The Vendor may not create framed links to the site without express written permission from KOTC.

Copyright: How you May Use the Content of this Site:

The content of KOTC Procurement site (“Content”) is protected by copyright law under both and foreign laws. The Vendor may download, use, and copy the materials found on the site for his internal business use only, provided that all copies that he makes of the material must bear any copyright, trademark, or other proprietary notice located on the site which pertains to the material being copied. This material is not for publication in any form. Except as authorized in this paragraph, the Vendor is not being granted a license under any Copyright, trademark, patent, or other intellectual property right in the material or the services, processes, or technology described therein. KOTC and/or any third party owner of such rights retain all such rights. Also the Vendor may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. None of the Content, including any software, may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of KOTC, except as described herein.

Nothing in this paragraph prohibits the Vendor from printing, using or reproducing any records or reports of his transactions using the KOTC Procurement System.

Termination:

KOTC reserves the right to terminate the Vendor's access to the site or to any or all of its services at any time. In the event of such termination KOTC shall not be obligated to notify the Vendor.

Amending this Agreement:

From time to time KOTC may amend these Terms and Conditions of Use. In the event of any such amendment, the Vendor will, as a condition to further use of the KOTC Procurement System, be required to acknowledge and agree to the amendment.

Law Applicable, Limitations:

This site is controlled and operated by KOTC from its location in Kuwait. These Terms and Conditions of use should therefore be construed in accordance with the laws of Kuwait, without regard to any conflict of laws provisions. Exclusively the courts in shall resolve any dispute arising out of these terms and conditions. The Vendor agrees that, notwithstanding any more permissive statute of limitations, you must file any claim or cause of action arising out of or related to your use of the site within one (1) year after such claim or cause of action arises or be forever barred from doing so.