Saturday, 16 December 2017
     
 
Terms and Conditions

Syarikat SESCO Berhad (672931-A)
(formerly known as Sarawak Electricity Supply Corporation)

Wisma SESCO, Petra Jaya, P.O. Box 149, 93700 Kuching, Sarawak
Tel : (60)82-441188 Fax : (60)82-444433

 
1. Definitions
  In these terms and conditions unless the context requires otherwise, the following words shall have the following meanings: -
  Corporation” means Syarikat SESCO Berhad (672931-A) (formerly known as Sarawak Electricity Supply Corporation);
  Service” means the services provided by the Corporation through eTender which would enable and facilitate the: -
  (i) display and listing of the Tender available in the Corporation;
  (ii) online registration of the Tenderer;
  (iii) online purchase and download of Tender Documents;
  Tender” means an offer for a contract of supply of goods and services and/or execution of work in the Corporation;
  Tenderer” means the company or entity qualified to participate in the Tender and registered under the online tender registration with the Corporation and who has agreed to access the Service in accordance with this terms and conditions. The Tenderer shall be a PaybillsMalaysia Registered User for purpose of payment payable under the Service;
 

PaybillsMalaysia Registered User” means user who agreed to access the service of PaybillsMalaysia in accordance with the terms and conditions of PaybillsMalaysia;

  “PaybillsMalaysia” means an electronic bills presentation and payment service established, provided and maintained by SiliconNet Technologies Sdn. Bhd.;
  Tender Documents” means documents including the Instruction To Tenderer, General Condition of Contract, General Specifications, Technical Specifications, Form of Tender and Schedules and other documents as it may deem fit;
  Fee” means the Tender Document Fee
   
2. Introduction & Acceptance of Terms
   

2.1

 

 

The Service is an Internet-based service that provides information pertaining to tenders available in the Corporation and enables the Tenderer to register and purchase the tender documents online on the terms and conditions stipulated herein. By using the service in any way the Tenderer agrees to comply with these terms, which may be changed from time to time with or without notice at the Corporation’s absolute discretion. The Tenderer’s continued access or use of the Services provided herein subsequent to any change will be deemed as the acceptance to those changes.

2.2

 

The Tenderer acknowledges that it fully understands all the information pertaining to the Service, its standard systems requirement and configuration, instructions to connect and use or access to the Services. The Tenderer also agrees to comply with all guidelines, procedures, policies and requirements determined by the Corporation from time to time.
   
3. Accurate Information
   

3.1

 

The Tenderer shall provide accurate and current information pertaining to its company or entity when registering into the Service. The Tenderer shall verify such information [including but not limited to information on the Tenderer registration with Unit Pendaftaran Kontraktor (UPK) and/or Construction Industry Development Board, Malaysia (CIDB)] as it may deem fit for use in connection with the Services.

3.2

The Corporation reserves the right to disqualify Tenderer who entered false, invalid, inaccurate, misleading or deceptive information in any way intentionally or unintentionally when registering into the Service.

3.3

 

Further the Corporation reserves the right at its sole discretion, to refuse to consider the Tender submitted to the Corporation in the event that the Tenderer has entered false or inaccurate information at the time of registration. In this respect, the Tenderer shall not be entitled for a refund of the Tender Document Fee paid to the Corporation.
   
4. Submission of Tender
   
4.1 The Corporation allows each Tenderer to submit multiple Tenders subject to the fees been paid for each submission. The Corporation shall disqualify Tenderer who submitted Tender more than the number of Tender Document that has been paid for.
4.2 Any payments shall be made to the Corporation in full through PaybillsMalaysia.

4.3

The fee payable for the purchase of the Tender Document shall not be refundable unless the Corporation declares the Tender as cancelled.
   
5. Password
   
5.1 The Tenderer shall use a password to access the Service. Upon completion of the Service’s registration process, the Tenderer shall create its own userid and password.

5.2

The Tenderer shall be responsible for maintaining the confidentiality of the password and the Tenderer shall be solely liable for all transactions that occur under the password.
5.3

The Tenderer must request in writing to the Corporation for resetting of the password in the event that the Tenderer is unable to remember the password. Upon receiving such written request, the system Administrator shall contact the Tenderer to verify on the Tenderer’s information. Thereafter, the new password shall be sent to the Tenderer’s email address. It is the Tenderer’s responsibility to change the password upon receiving the new password.

5.4

The Tenderer agrees to(a)immediately notify the Corporation of any unauthorized use of the password or any other breach of security resulting in unauthorized access to the Tenderer’s account, and (b)ensure that the Tenderer exit from the Service at the end of each session. The Corporation shall not be responsible nor liable to the Tenderer for any loss or damage arising from the failure of the Tenderer to comply with this Clause 5.
   
6. Reservation of Rights
   
6.1 The Corporation reserves the right to: -
  (i) add, delete, improve, upgrade, suspend, or make alterations to the Services and a part thereof;
  (ii) review and revise the Fees or any other charges payable hereunder; and
  (iii) revise and amend this terms and conditions,
 

and the Corporation will give the Tenderer reasonable notice of such revisions. The Tenderer acknowledges the Corporation’s reserved rights under these terms and conditions and agrees to observe and comply with such amendments on the date of notification.

   
7. Tenderer Information
   
7.1 The Tenderer authorizes the Corporation to obtain from the Government, any regulatory bodies or other authority or any third parties such information relating to the Tenderer as it may deem fit for use in connection with the Services.
7.2 The Tenderer grants the Corporation the right to disclose and to share any or all information obtained in relation to, or disclosed or divulged by the Tenderer, with:-
  (i) the Corporation’s corporate shareholders, related companies, its affiliates or any other companies to whom the Corporation may disclose for the purposes of its business and Services, including the provision of integrated services;
  (ii) third parties for the purpose of maintaining financial records or the Corporation’s marketing operations and activities; and
  (iii) regulatory bodies or other authorities in compliance with any statutory or legal obligations or towards the detection and prevention of crime.
   
8. Representations and warranties
   
8.1 The Tenderer hereby represents and warrants to the Corporation that: -
  (i) the Tenderer has complied with the relevant laws and has the power or corporate authority to enter into this Service and perform its obligations herein;
  (ii) all consents, licences, approvals, authorizations, orders and exemptions of any ministry, agency, department or authority of Malaysia which are required for or in connection with the execution, delivery, performance, legality and enforceability of this Service has been obtained and are in full force and effect and to provide the Corporation with a copy of the same on request of the Corporation;
  (iii) all information provided and required to be provided by the Tenderer from time to time is true, valid and accurate and is not misleading or deceptive in any material respect;
 

(iv)

the Tenderer has the full right to disclose all information required to be provided by the Tenderer from time to time without breaching any duty of confidentiality or any written laws;
  (v) the Tenderer undertakes at all times to exercise its own judgment and skill for transactions using this Services and the Tenderer shall be solely liable for all transactions, recommendations, quotations or comments made or actions taken;
  (vi) the Tenderer has not relied on any representations made by the Corporation which has not been stated expressly in this Service or upon any description or illustration or specifications contained in any document including any catalogues or publicity material produced by the Corporation; and
  (vii) the Tenderer will immediately notify the Corporation of any change in any or all information provided by the Tenderer, including but not limited to information or communication in connection with the Tenderer’s address or charging details, as well as the discovery of theft, piracy or other unauthorized usage of the Service or any fraud against the Corporation.
8.2 The obligation of the Tenderer shall be a continuing obligation and shall be repeated daily throughout the duration of this Service.
   
9. Limitation of Liability
   
9.1 The Corporation is not responsible nor liable to the Tenderer for any unauthorized or unlawful access to or alteration of the Tenderer’s transmission or data nor for any interruptions, suspension or termination of the Services for any reason whatsoever, whether or not it is within the Corporation’s control, including but not limited to software viruses, sabotage, the failure on the part of the internet service provider, power failure, transponders, signaling processing and uplink equipment, acts of God, emergencies, military operations, civil disorder, industrial disputes, floods, lightning, thunderstorms, fire, acts or regulations by the Government (including the withdrawal of consents, permits or licences) or failure, termination or cessation of third parties providing services included in the Service and any other force majeure reasons.
9.2 The Corporation shall not be liable to the Tenderer or any third party authorized by or claiming through the Tenderer for any direct, indirect, incidental, special, consequential or exemplary damages howsoever arising including but not limited to damages for loss of profits, expectation loss, goodwill, use, data or other intangible losses (even if the Corporation has been advised of such damages) resulting from: -
  (i) the use or inability to use the Service by the Tenderer, the Government or any other person authorized by the Tenderer;
  (ii) the provision or purported provision by or failure in provision of the Service;
  (iii) unauthorized or unlawful access to or alteration of your transmission or data;
  (iv) statements or conduct of any third party on the Service;
  (v) any other matter relating to the Service.
     
10. Indemnity
   
10.1 The Tenderer shall indemnify and keep the Corporation indemnified from and against any demands, costs, charges, expenses and damages, claims or proceedings whatsoever in respect thereof arising from misrepresentation, defamation, invasion of privacy, infringement of any intellectual property rights, breach of confidence or privilege or any law whatsoever arising from the content transmitted, displayed, stored, received or uploaded through the Service and from all other claims arising out of any act or omission by the Tenderer.
   
11. Disclaimer
   
11.1 The materials and information in this website, including but not limited to services, information, data, text, graphics, audio, links or other items are provided by the Corporation on an “as is” and “as available” basis.
11.2 The Corporation does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Service, the material information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Notwithstanding the above and/or the terms and conditions stipulated herein, reasonable measures will be taken by the Corporation to ensure the accuracy and validity of all information relating to the website and Service provided which originate exclusively from the Corporation.
11.3 Further the Corporation does not warrant or represent that access to the whole or part(s) of this website, including but not limited to any downtime of network while viewing, transacting and downloading the purchase of the tender documents, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that damage will occur to the Tenderer computer system.
   
12. Confidentiality
   
12.1 The Tenderer shall keep confidential all information, including those pertaining to the Services which it received or obtained in the course of using the Service or in connection with this Service. Such confidential information shall not be used, copied, reproduced, distributed or disclosed by the Tenderer for any purpose except to its employees or agents on a need to know basis as necessary to perform this Service provided its employees and agents are subject to and maintains the confidentiality obligation under the Service.
   
13. Notices
   
13.1

Any notice to be given by the Corporation shall be in writing and shall deemed to be duly given or made when it shall be delivered by hand, mail, facsimile or e-mail to the Tenderer to which is required to be given or made at such address specified under the online tender registration.

   
14. Waiver
   
14.1 No failure or delay on the part of the Corporation in exercising any rights or remedies under this Service at any time or for any period of time nor any knowledge or acquiescence by the Corporation of, or in breach of any provision of this Service shall operate as or be deemed to be a waiver thereof nor shall a waiver by the Corporation of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of or right or remedy under this Service may not be waived except in writing signed by the Corporation.
   
15. Governing Laws
   

15.1

This provision of service shall be governed by the laws of the State of Sarawak and by applicable Federal laws and regulations and the Tenderer irrevocably submits to the exclusive jurisdiction of the Malaysian courts in Sarawak.


I have read, understood and accepted all the above Terms and Condition.



 
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