g) The Supplier shall be required to submit a proforma invoice for each lot for use in the placement of order and opening of the LC. The proforma invoice shall be on total DDP basis. h) A copy of the Performance Security, stamped and certified as authentic by KPLC, whose expiry date should not be less than sixty (60) days from the LC expiry date, shall form part of the documents to be presented to the Bank before any payment is effected. 7.17.9 KPLC shall have the sole discretion to accept or decline any Supplier’s payment request through Letters of Credit without giving any reason for such decline. 7.18 Interest Interest payment by KPLC is inapplicable in the contract. 7.19 Prices 7.19.1 Subject to clause 7.20 herein-below, prices charged by the Supplier for goods delivered and services performed under the contract shall, be fixed for the period of the contract with no variations. 7.20 Variation of Contract KPLC and the Supplier may vary the contract only in accordance with the following: - the quantity variation for goods shall not exceed ten percent (15%) of the original contract quantity. The cumulative variation shall not exceed twenty five percent (25%) of the original contract value. the quantity variation must be executed within the period of the contract. 7.21 Assignment The Supplier not assign in whole or in part its obligations to perform under this contract, except with KPLC’s prior written consent. 7.22.1 Subcontracts 7.22.1 The Supplier shall notify KPLC in writing of all subcontracts awards under this contract if not already specified in the tender. Such notification, in the original tender or obligation under the Contract shall not relieve the Supplier from any liability or obligation under the Contract. 7.22.2 In the event that an award is given and the contract is sub contracted, the responsibility and onus over the contract shall rest on the Supplier who was awarded. 7.23 Termination of Contract 7.23.1 KPLC may, without prejudice to any other remedy for breach of contract, by
g) The Supplier shall be required to submit a proforma invoice for each lot for use in the placement of order and opening of the LC. The proforma invoice shall be on total DDP basis. h) A copy of the Performance Security, stamped and certified as authentic by KPLC, whose expiry date should not be less than sixty (60) days from the LC expiry date, shall form part of the documents to be presented to the Bank before any payment is effected. 7.17.9 KPLC shall have the sole discretion to accept or decline any Supplier’s payment request through Letters of Credit without giving any reason for such decline. 7.18 Interest Interest payment by KPLC is inapplicable in the contract. 7.19 Prices 7.19.1 Subject to clause 7.20 herein-below, prices charged by the Supplier for goods delivered and services performed under the contract shall, be fixed for the period of the contract with no variations. 7.20 Variation of Contract KPLC and the Supplier may vary the contract only in accordance with the following: - the quantity variation for goods shall not exceed ten percent (15%) of the original contract quantity. The cumulative variation shall not exceed twenty five percent (25%) of the original contract value. the quantity variation must be executed within the period of the contract. 7.21 Assignment The Supplier not assign in whole or in part its obligations to perform under this contract, except with KPLC’s prior written consent. 7.22.1 Subcontracts 7.22.1 The Supplier shall notify KPLC in writing of all subcontracts awards under this contract if not already specified in the tender. Such notification, in the original tender or obligation under the Contract shall not relieve the Supplier from any liability or obligation under the Contract. 7.22.2 In the event that an award is given and the contract is sub contracted, the responsibility and onus over the contract shall rest on the Supplier who was awarded. 7.23 Termination of Contract 7.23.1 KPLC may, without prejudice to any other remedy for breach of contract, by