Hung Hom Kowloon Hong Kong

香港 九龍 紅磡

FINANCE OFFICE財務處

Tender Ref. No.: 1042287

Tender Closing Date: 30-DEC-2016 10:00 a.m.

INVITATION TO TENDER

TERMS OF TENDER

1 The Tender Document comprises the following:(a) Terms of Tender(b) General Conditions of Contract(c) Tender Form(d) Schedule and Offer(e) Tender Specifications (provided in the Schedule and Offer)(f) Special Conditions of Contract (if any)(g) Data Privacy Terms and Conditions

2 Except where the context otherwise requires the following expressions in the Tender Document shall have thefollowing meanings : -'Contract' means the contract hereunder and reference to the terms thereof shall include the terms of tender unlessinconsistent with the context of such reference;'Contractor/Supplier' means the Tenderer whose tender is accepted;'Contractual Period' means the period determined by the date the order is placed and the delivery date specified in thequotation;'Hong Kong' means the Hong Kong Special Administrative Region of the People's Republic of China;'Receiving Officer' means the officer in charge of a department of the University to which any Schedule Goods are tobe sent or provided or such other officer as he may authorize to accept delivery thereof;'Schedule Goods' means the articles, materials or services referred to in the Schedule and Offer forming part of thetender;'Tender Closing Date' means the latest date (Hong Kong time) by which tenders must be lodged;'Tenderer' means the person or persons and/or the firm or the company referred to in the Tender Form;'University' or 'PolyU' means The Hong Kong Polytechnic University of Hung Hom, Kowloon, Hong Kong.

3 Tenders are invited for the supply of the Schedule Goods subject to and in accordance with these Terms of Tender,the General Conditions of Contract, the Data Privacy Terms and Conditions and the Special Conditions of Contract(if any) attached hereto.

4 (a) Tenderers must submit tenders in DUPLICATE.(b) The Tender Form, Schedule and Offer and accompanying documents completed in duplicate must be :i. enclosed in the special envelope supplied and sealed;ii. lodged in the Tender Box, located at the Finance Office, The Hong Kong Polytechnic University, 11/F., Li Ka

Shing Tower, Hung Hom, Kowloon, Hong Kong at or before 10:00 a.m. of the above Tender Closing Date.

(c) Tenders must be lodged in the Tender Box if delivered by hand. The University will not be held responsible forany loss/delay of tenders sent in by post.

(d) The Tender Box is accessible during the following office hours:Monday – Friday 8:45 a.m. – 12:45 p.m. and 2:00 p.m. – 5:35 p.m.(excluding any Hong Kong Public Holidays)

(e) Late tenders will not be considered.In the event that Typhoon Signal No. 8 or above, or Rainstorm Black Warning is hoisted between 8:45 a.m. and 10:00 a.m. on the Tender Closing Date, the tender closing time will be postponed to 10:00 a.m. on the next working day.

5 (a) The Tender Form must be properly filled in and signed with all requisite information, samples or illustrationssubmitted, otherwise it may not be considered.

(b) Any alteration or erasure made to the Schedule and Offer must be initialed by the person who signs the TenderForm.

6 The University shall not necessarily accept the lowest or any tender, and reserves the right to accept all or any part orparts of a tender. If a tender is submitted on the basis of an overall acceptance of all the items offered, this must beclearly stated in the tender.

7 Tenders shall, unless otherwise indicated by the University, remain open for 90 days after the specified TenderClosing Date.

8 Tenderers shall use the Schedule and Offer for quotation of prices. Prices for supply of Schedule Goods shall be netprices after allowing for all trade and cash discounts and shall include the cost of containers, packing, packingmaterials, delivery at the Tenderer's own risk, all royalties and charges for patent rights (if any), and are to be shownin Hong Kong Currency. All prices quoted shall be on door-to-door delivery basis to locations within the Universityor to destinations as directed by the University. Suppliers outside Hong Kong may offer CIF Hong Kong price termwith dispatch method specified if door-to-door delivery is not feasible.

9 The quantity shown against each item in the Schedule and Offer is an estimate of probable requirements and suchestimate must be regarded as being given for the assistance of tenderers to make offers on the best evidence availableand not as being a figure to which the University binds itself to adhere.

10 Where Schedule Goods are quoted by weight such quotations shall refer to the "net" and not "gross" weight.

11 The Tenderer must state the country of origin of any goods manufactured outside Hong Kong.

12 Upon receipt of the tender invitation, tenderers are requested to return the Proforma Reply by fax or emailimmediately on their intention to bid or not. If tender is not submitted, all Tender Document must be returned toFinance Office with reasons of not bidding to the University before the Tender Closing Date.

13 Tenderers who do not receive a notification from the University within the validity period mentioned in clause 7above should assume that their respective tenders have not been accepted.

14 (a) All samples submitted for consideration must be collected by unsuccessful tenderers within 7 days after theexpiry of the validity date mentioned in clause 7 hereof. If at the expiration of such 7 days no arrangements havebeen made with the University for the collection of the samples, the tenderers shall be deemed to have given upall title thereto and the University may dispose of the same as it thinks fit at the University's absolute discretionwithout being responsible to the tenderers in respect thereof.

(b) Tenderers must obtain receipts for the deposit of samples and the samples need not be returned to the tenderersunless the receipts are produced at the time of collection.

15 The Tenderer's submission of a tender is made on the understanding that the University will not be liable to pay anycost arising out of its preparation and submission.

16 As part of the tender evaluation exercise, the University may invite tenderers to present their tender proposals, at nocost to the University, after their tender submission.

17 The University may disclose information on the awarded Contract including the name of and prices offered by thesuccessful tenderer to interested parties including the unsuccessful tenderers unless tenderers indicate theirdisagreement to such disclosure in writing.

18 Tenderer's personal data provided in the tender will be used for tender evaluation and contract award purposes, andwill be disclosed to the parties responsible for tender evaluation as the University, at its absolute discretion, deemsnecessary. Tenders with insufficient and/or inaccurate information may not be considered.

19 Tenderer's submission of previous job reference is made on the basis to authorize the University to seek referencesfrom those companies named by the Tenderer.

20 Alternative offers complying with the specifications laid down in the Schedule and Offer may be considered.Tenderers may also submit alternative proposals which improve the value of the offer. The University reserves theright to negotiate with any tenderer about the terms of the offer.

21 Tenderers shall, upon request by the University whilst their tenders remain open or as requested in the TenderDocument, submit the latest audited accounts or unaudited accounts as appropriate for checking within 7 days fromthe date of such requests or together with their tenders respectively. Tenderers understand and agree that theaforesaid accounts provided will be used for financial assessment by the University or any third parties as appointedby the University.

22 Tenderers shall treat all materials and information contained in the Tender Document as confidential, and shall notdisclose the said materials and information to other parties without the written consent of the University.

23 Tenderers shall not communicate to any persons other than the University the amount of any tender, adjust theamount of any tender by arrangement with any other persons, make any arrangement with any persons about whetheror not they or those other persons should or should not tender or otherwise collude with any other persons in anymanner whatsoever in the tendering process until the tenderers are notified by the University of the outcome of thetender exercise. Any breach of or non-compliance with this clause by tenderers shall, without affecting tenderers'liability for such breach of rules and laws or non-compliance, invalidate their tender. However, this clause shall haveno application to tenderers' communications in strict confidence with their own insurers or brokers to obtain aninsurance quotation for computation of tender price and communications in strict confidence with their consultants /sub-contractors to solicit their assistance in preparation of tender submission.

24 1. Tenderers shall not, and shall procure that their employees, agents, licensees and sub-contractors shall not, offeran advantage as defined in the Prevention of Bribery Ordinance, (Cap 201) in connection with the tendering andexecution of the supply of the Schedule Goods.

2. Failure to so procure or any act of offering advantage referred to in (a) above committed by Tenderers or byemployees, agents, licensees or sub-contractors of Tenderers shall, without affecting Tenderers' liability for suchfailure and act, result in their tenders being invalidated.

GENERAL CONDITIONS OF CONTRACT

1. Assignment : -The Contractor shall not, without the written consent of the University, assign or otherwise transfer the Contract or any part, share or interest therein and theperformance of the Contract by the Contractor shall be deemed to be personal to it.

2. Schedule Goods, Specifications and Proof Notes : -(a) Schedule Goods shall be of the qualities and sorts described and equal in all respects to any specifications or drawings mentioned in the Schedule and Offer hereto,

or to any specifications, drawings or samples supplied by the Contractor before acceptance of its Tender.(b) Any drawings and specifications reasonably required for the Contractor's guidance in the execution of the Contract shall be furnished to it free of charge but shall

be returned to the University on completion of the Contract.(c) If required, the Contractor shall furnish the University with a proof note or certificate showing that the Schedule Goods have been subjected to the normal tests for

such goods or such tests as the University may reasonably require.

3. Delivery : -The Contractor shall, on receipt of a written contract from the University, supply and deliver in accordance with the delivery conditions specified in the Contract and tothe destination named in such Contract, the quantities of Schedule Goods therein specified within the time (not being manifestly unreasonable) specified in suchContract or if no such time is specified then within 14 days of the lodging of such Contract and in this connection, time shall be deemed to be the essence of theContract. Each delivery shall be marked with the order number and made with two (2) copies of delivery note and packing lists. The Contractor shall ensure that areceipt thereof is received from the Receiving Officer but such receipts shall not constitute an acknowledgment that the goods therein mentioned are acceptable orsatisfactory.

4. Packaging and Conveyance : -The Contractor shall be responsible for adequate packaging and suitable transportation of goods to ensure the Schedule Goods will arrive at the destination specified inthe Contract in good condition and without defects.

5. Inspections and Acceptances : -All deliveries of Schedule Goods will be subject to inspection and/or testing for acceptance by the University after delivery.

6. Rejection : -(a) Without prejudice to any statutory rights, the University may reject any Schedule Goods which are defective, damaged, spoilt, soiled, or which do not strictly

conform with the conditions of sub-clause (a) of Clause 2 hereof.(b) Within 24 hours of being notified in writing of the rejection of any goods delivered, the Contractor shall remove the same at Contractor's own risk and expense.(c) Within 7 days of notification of rejection, the Contractor shall replace such goods with satisfactory goods specified in the Contract or in the case where

replacement goods have to be obtained from sources outside Hong Kong, the Contractor must advise the University the delivery date when replacement goods willbe delivered, unless with the notification of rejection, the University shall have notified the Contractor that it does not require the replacement of such goods. TheUniversity reserves the right to apply Clause 9 of these General Conditions of Contract in the event that replacement delivery cannot be made within the 7 daysperiod referred to above and the goods are urgently required to meet essential requirements of the University.

7. Empties : -No return of empties to the Contractor will be made unless it is expressly stated in the Contract or otherwise agreed by the University and all costs incurred for the returnwill be paid by the Contractor. The University shall not be responsible for the losses or damages of such empties whilst under its control.

8. Payment for Schedule Goods : -The Contractor shall send certified invoices to the Finance Office of the University stating the University's purchase order number, particulars and quantities of goodsand/or services delivered, unit prices, applicable discounts and net payment due. Payment will normally be made to contractors within 30 days from receipt of invoicesand acceptable goods and/or services.

9. Default and Termination of Contract : -If the Contractor fails to deliver all or any Schedule Goods ordered within the time specified in the Contract or as otherwise provided in Clause 3 above or in accordancewith Clause 2(a) above, the University may at its absolute discretion terminate the whole or any part of the Contract by notice in writing to the Contractor but withoutprejudice to any claims the University may have against the Contractor for breach of Contract including but not limited to the right of the University to procure anySchedule Goods then outstanding from any other source and the Contractor shall be liable for any sums so incurred in excess (hereinafter called "Any Excess") of theContract prices and any losses the University may suffer.

10. Deposits : -(a) Any sum deposited by the Contractor may be applied by the University against Any Excess arising by virtue of termination under Clause 9 above and accordingly

the balance (if any) thereof shall not be returnable to the Contractor until the date when but for such termination the Contract would have expired.(b) The provision of sub-clause (a) of this clause shall apply equally in the case of termination, without lawful excuse, of this Contract by the Contractor.(c) The application of any deposit as aforesaid shall be without prejudice to the right of the University to recover from the Contractor Any Excess not wholly absorbed

by the said deposit.

11. Offence of Bribery : -If the Contractor is found to have offered or given any gratuity, bonus, commission, advantage, discount, bribe, loan or any other gift or consideration as an inducementor reward to any employee of the University in relation to the Contract or any other agreement or contract of the University, the Contractor shall be guilty of an offenceunder the Prevention of Bribery Ordinance and the University shall be at liberty to forthwith cancel the Contract, agreement or contract, as the case may be, and shallhold the Contractor liable for any losses and damages which the University may thereby sustain.

12. Warranties : -The Contractor shall warrant for a period of 12 months from the date of acceptance or any other specified periods agreed by the University that all Schedule Goodsfurnished pursuant to the Contract are :(a) free from defects in design, material and workmanship;(b) suitable and fit for the purposes intended whether express or reasonably implied;(c) in conformity with the drawings, specifications, samples or other descriptions applicable thereto; and(d) in conformity with all other requirements of the Contract.If any Schedule Goods are found not to conform to the warranty requirement, the University may, in addition to any other remedies at law or in the Contract, return suchSchedule Goods to the Contractor at the Contractor's expense, for correction, replacement or credit, as the University may direct at the University's absolute discretion.

13. Recovery of Sums Due : -Whenever under the Contract any sum of money shall be recoverable by the University from or payable by the Contractor, the same may be deducted from any sum thendue or which at any time thereafter may become due to the Contractor under the Contract or any other contract with the University.

14. Liability for Damages or Compensation : -(a) The University shall not be liable for or in respect of any damages or compensation under the Fatal Accidents Ordinance, the Employees' Compensation

Ordinance, or at Common Law by or in consequence to any accident or injury to any workman or other person whether in the employment of the Contractor or anysub-contractor and the Contractor shall indemnify and hold the University harmless against and from any and all claims, demands, proceedings, costs, charges andexpenses whatsoever in respect thereof or in relation thereto.

(b) The Contractor shall effect a policy of insurance against all claims, demands or liability in pursuance of this Contract with an insurance company approved by theUniversity (which approval shall not be unreasonably withheld) and shall continue such insurance for the duration of the Contract and shall when required, depositwith the University for safe keeping during the currency of the Contract such policy of insurance together with the receipt of payment of the current premium.

(c) If the Contractor shall fail to effect and keep in force the insurance referred to or any other insurance which it may be required to effect under the terms of theContract then and in any such case the University may effect and keep in force any such insurance and pay such premium or premiums as may be necessary forthat purpose and from time to time deduct the amount so paid by the University as aforesaid from any moneys due or which may become due to the Contractor orrecover the same as a debt due from the Contractor.

(d) In the event of any workmen or other persons employed on any work done in pursuance of the Contract whether in the employment of the Contractor or itssub-Contractor suffering any personal injury or death and whether there be a claim for compensation or not, the Contractor shall without delay give notice inwriting of such personal injury or death to the University.

(e) The Contractor, Contractor's agents or sub-contractors shall at all times be responsible and liable for damage to property of the University or of any of itsemployees or agents or any injury to or death of any employee or agent of the University arising out of their actions.

15. Bankruptcy : -The University may at any time by notice in writing summarily terminate the Contract without entitling the Contractor to compensation in any of the following events : -(a) If the Contractor shall at any time be adjudged bankrupt, or shall have a receiving order or orders for administration of his estate made against him, or shall take

any proceedings for liquidation or compensation under any Bankruptcy Ordinance for the time being in force, or make any conveyance or assignment of his effectsor composition or arrangement for the benefit of his creditors, or purports so to do; or

(b) If the Contractor, being a company shall pass a resolution or the court shall make an order for the liquidation of its assets, or a receiver or manager shall beappointed on behalf of the debenture holders, or circumstances shall have arisen which entitle the court or debenture holders to appoint a receiver or manager.

Provided always that such determination shall not prejudice or affect any right or action or remedy which shall have accrued or shall accrue thereafter to the University.

16. Patents and Copyrights : -The Contractor shall warrant that the Schedule Goods supplied under the Contract do not infringe upon the patent or copyright of any third party. In the case of anyclaim or action brought against the University, its employees or agents alleging infringement of any patent or copyright in respect of the Schedule Goods suppliedpursuant to this Contract, the Contractor shall indemnify and hold the University, its employees and agents harmless against all costs and damages arising out of suchalleged infringement and undertake to defend or settle such claim or action at the expense of the Contractor.

17. Intellectual Property Rights : -The University shall be the sole proprietary owner of and has control or the right to use all materials including but not limited to files, discoveries, development, designs,drawings, specifications, tracings, diagrams, flow-charts, samples, data, marketing plans or techniques, software programs, tapes, technical, financial or businessinformation, artworks, photos and films (the "Deliverables") produced under the Contract by the Contractor. All Deliverables should be returned to the Universityimmediately upon the termination of the Contract or completion of the services rendered under the Contract.

All materials supplied by the University (the "Materials") under the Contract remain the property of the University. The Contractor shall be responsible for the duereturn of the Materials upon termination of the Contract or completion of the services rendered under the Contract. Should any Materials be lost or damaged from anycause whatsoever while in the possession or control of the Contractor or its employees, officers, representatives, sub-contractors or agents, the University shall have rightto claim the Contractor for the original cost of the Materials and all costs and damages incurred as a result of the loss of the Materials.

The Contractor shall keep the Materials supplied by the University and the Deliverables supplied to the University confidential, and shall not divulge or communicate toany person the Materials or Deliverables including but not limited to the business or affairs of the University and shall use its best endeavours to prevent anyunauthorized disclosure of such information and undertake not to use or reproduce such Materials and Deliverables by itself, its employees, officers, representatives,sub-contractors, agents and clients without the prior written consent of the University save and except for the rendering of service under the Contract. Any unauthorizeduse of such Materials and Deliverables shall be construed as a material breach of the Contract, and the University shall have the right to claim the Contractor for allbenefits gained by the Contractor, and/or the loss of benefits to the University resulting from such unauthorized use.

18. Risk of Loss : -Notwithstanding any other term of the Contract or inference therefrom, the risk of loss to goods ordered shall be upon the Contractor until the goods are received andaccepted by the University.

19. Exclusion of Third Party Beneficiaries : -Nothing in the Contract, express or implied, is intended to or shall confer upon any person other than the contracting parties hereto any right, benefit or remedy of anynature whatsoever under or by reason of the Contract. The Contracts (Rights of Third Parties) Ordinance in Hong Kong shall not apply to the Contract.

20. Government Regulations : -(a) For supply of services by Contractor

The Contractor shall be responsible for complying with the enactments, orders, regulations or other instruments issued by the Government of Hong Kong or othercompetent authority in Hong Kong. The Contractor shall indemnify the University against any penalty, loss or cost arising as a result of the Contractor's failure tocomply with any of the said enactments, orders, regulations, or other instruments and in addition, the University reserves the right to terminate the Contract and theContractor is not entitled to claim any compensation. The Contractor shall be liable for all expenses necessarily incurred by the University as a result of thetermination of the Contract.

(b) For supply of goods by ContractorThe Contractor shall be responsible for complying with the enactments, orders, regulations or other instruments issued by the Government of Hong Kong or othercompetent authority in Hong Kong, and the government or other competent authority in the country of manufacture. The Contractor shall indemnify theUniversity against any penalty, loss or cost arising as a result of the Contractor's failure to comply with any of the said enactments, orders, regulations, or otherinstruments and in addition, the University reserves the right to claim full compensation in the event of the whole or any part of the Contract not being completedas a result of such failure to comply.

21. Contractor's Conditions : -Any terms and conditions imposed by the Contractor which are inconsistent with or additional to the terms and conditions stated herein shall not be binding upon theUniversity unless expressly accepted in writing by the University.

22. Disputes and Applicable Law : -(a) If any dispute arises between the University and the Contractor in reference to the performance of the Contract, or any part thereof, the University or Contractor

may forthwith give to the other party written notice requiring the matter to be referred to a single arbitrator, in accordance with the procedures governed by theArbitration Ordinance, whose decision shall be final, and binding on the parties. The costs of such reference shall be in the discretion of the arbitrator.

(b) The Contract shall be governed by and construed in accordance with the laws of Hong Kong.

23. Special Conditions : -These General Conditions of Contract shall apply to the extent which they are not inconsistent with the Special Conditions of Contract (if any) attached hereto. Anylicence and maintenance service agreements that are required by the Contractor for contract acceptance must not contradict any of the conditions specified herein.

Tender Ref. No.: 1042287

T E N D E R F O R M

Tender for the supply ofSupply, delivery and installation of chairs in FJ304

……………………………………………………………………………………………………………………………...To: The Hong Kong Polytechnic University

I/We, the undersigned, acknowledge for myself/ourselves and the firm and partners therein/Limited Companyhereunder mentioned TERMS OF TENDER, GENERAL CONDITIONS OF CONTRACT and DATA PRIVACYTERMS AND CONDITIONS from the University and do hereby agree to supply all or any portion of the ScheduleGoods mentioned in the Schedule and Offer, which may be ordered by the University, at the prices quoted in the saidSchedule and Offer, for delivery on or before the date mentioned in the said Schedule and Offer or where no date isshown then WITHIN THE TIME SPECIFIED in any order placed by the University free of all other charges subject toand in accordance with the TERMS OF TENDER and the GENERAL CONDITIONS OF CONTRACT, the DATAPRIVACY TERMS AND CONDITIONS and (if any) the Special Conditions of Contract attached hereto.

I/We certify that as at the time of submission of this TENDER FORM and other than the Excepted Communicationsreferred to in the below Note, I/we have not communicated to any person other than the University the amount of anytender, adjusted the amount of any tender by arrangement with any other person, made any arrangement with any otherperson about whether or not I/we or that other person should tender or otherwise colluded with any other person in anymanner whatsoever and undertake that at any time thereafter in the tendering process until I/we are notified by theUniversity of the outcome of the tender exercise and other than the Excepted Communications, I/we will notcommunicate to any person other than the University the amount of any tender, adjust the amount of any tender byarrangement with any other person, make any arrangement with any other person about whether or not I/we or thatother person should tender or otherwise collude with any other person in any manner whatsoever.

(Note : The expression "Excepted Communications" means my/our communications in strict confidence with my/our own insurers or brokers toobtain an insurance quotation for computation of tender price and communications in strict confidence with my/our consultants or sub-contractorsto solicit their assistance in preparation of tender submission.)

I/We, the undersigned, for myself/ourselves and the firm and partners therein/Limited Company hereunder mentionedhereby warrant that the sale and/or supply of any of the Schedule Goods by me/us/the said firm/Limited Company willnot infringe any patent in respect thereof registered under the Registration of Patents Ordinance (Chapter 514 of theLaws of Hong Kong) and that my/our Business Registration and Employees' Compensation Insurance Policy arecurrently in force.

My/Our Business Registration Certificate No. is ___________________ Date of Expiry ________________.

I/We understand that all employees of the University are designated "public servant" under the provisions ofPrevention of Bribery Ordinance (Chapter 201 of the Laws of Hong Kong).

I/We give below both the names of the employees of the University and/or their families who are related to me/us, orto my/our employees and/or their families, and the nature of their relationship. (State none if totally inapplicable).

_______________________________________________________________________________________________

_______________________________________________________________________________________________Company Chop

I am/We are authorized to submit and sign tenders for and on behalf of:

_______________________________________________________________________________________________(name of the tenderer)

Trading in Hong Kong under the style of Sole Proprietorship* / Partnership* / Limited Company* / Others, please

specify* (* Delete as appropriate)___________________________________________________________

Signature of Tenderer: ______________________________ Date: ________________________________________

Tender Ref. No.: 1042287

Name and Position in Block Letters:

Registered Address:

Telephone No.: Office Mobile Fax Number:

Email Address:

Other Contact Person (Name and Position):

Telephone No.: Office Mobile Fax Number:

Email Address:

Name of Witness: Occupation of Witness:

Address of Witness:

Signature of Witness: Date:

The below table only needs to be completed by tenderers trading under the style of 'sole proprietorship' or 'partnership'

Name of Partners/Proprietor Residential Address of Partners/Proprietor

Authorized Signature of Tenderer: _________________________________ Company Chop: ________________________________

Hung Hom Kowloon Hong Kong

香港 九龍 紅磡

FINANCE OFFICE財務處

Tender Issue Date: 15-DEC-2016

Tender Ref No.: 1042287Tender Closing Date: 30-DEC-2016 10:00 a.m.

PR No.: 3128740

You are invited to quote for the supply of the whole or any part of the items / work mentioned hereunder in the Schedule and Offer. You are requested toconfirm if the offers submitted comply with the required specification. Alternative offers complying with the specification requirement will be considered. Quotation with catalogues / specifications for each item offered should be submitted (in duplicate) by tenderers. All prices quoted must be on door-to-door delivery to locations within The Hong Kong Polytechnic University or to destinations as directed by PolyU. For overseas suppliers, theymay offer in C.I.F. Hong Kong price term if door-to-door delivery is not feasible. All prices must be fixed and valid for 90 days from the tender closing date. Payment terms shall be 30 days from receipt of invoices and acceptable goods. Currency of offer and warranty period must be clearly stated in your quotation.

Please note that if order is awarded to you against your quotation, PolyU may disclose information on your offer such as your name and price offered to interested parties including the unsuccessful tenderers unless you indicate your disagreement to such disclosure in writing.

If you have any queries regarding this tender, please contact Ms. Shih, Fanny, Purchasing Unit, Finance Office on Tel. (852) 3400 3168, by Fax on (852) 2363 1384, or by Email hffshih@polyu.edu.hk

Late tender will not be considered.

To: The Hong Kong Polytechnic University

Schedule and OfferWe are pleased to submit our offer as shown below:

All prices are quoted in the currency of: Quotation Ref. No. (if any):

Discount % or discount amount offered: Warranty period offered for all items:

Total net tender price after discounts: Date:

Item No. Quantity Item Description Unit Price Total Amount Time of Delivery Country of Origin

1 73NO

Supply, delivery and installation of chairs in FJ304- Seat dimension: 807mm (h) x 435 mm (w) (seating heightis 440mm)

- Uninstallation of existing chairs (total 73 nos) are required

Please refer to the attachment ( total 5 pages) for detailed requirements.

Notes:

1. Purchase prices is payable against valid invoices within 30 days after acceptance of the goods/services.

2. Five years warranty against manufacturing defects and substandard materials with parts and labour shall be included.

3. The tenderer is required to submit catalogue and and real photos, colour samples, detailed technical drawings and data(if any) for chairs offered together with the tender for consideration. Failure to do so may result in disqualification of this tender.

Authorized Signature of Tenderer: _________________________________ Company Chop: ________________________________

Hung Hom Kowloon Hong Kong

香港 九龍 紅磡

FINANCE OFFICE財務處

Tender Issue Date: 15-DEC-2016

Tender Ref No.: 1042287Tender Closing Date: 30-DEC-2016 10:00 a.m.

PR No.: 3128740

Item No. Quantity Item Description Unit Price Total Amount Time of Delivery Country of Origin

Remark:

Please indicate education discount in your offer.

Data Privacy Terms and Conditions

1. The Supplier will be entrusted with certain personal data collected by PolyU ("Personal Data") pursuant to the current engagement of its services.

2. PolyU pledges to meet the recognized standards of personal data privacy protection, in complying with the requirements of the Personal Data (Privacy) Ordinance (the "Ordinance"). In doing so, PolyU also pledges to take reasonably practicable steps to ensure its agents comply with the standards of security and confidentiality required by the law.

3. The following is the standard of security and confidentiality adopted by PolyU in its service contract with its agents, contractors and suppliers:

i) Security measures

• The Supplier must at all times employ reasonable organisational, operational and technological processes and procedures to keep the Personal Data safe fromany unauthorised, accidental or unlawful use, access, alteration, loss, destruction, erasure, theft or disclosure.

• The organisational, operational and technological processes and procedures adopted by the Supplier must at all times comply with:

(a) the requirements under the Ordinance; (b) the relevant guidelines and best practices recommended by the Office of the Privacy Commissioner from time to time.

• PolyU reserves the right to require the Supplier to improve the security or protection of the Personal Data if it is of the opinion that the processes and procedures taken by the Supplier is insufficient in any regard.

ii) Restricting access by employees

• The Supplier should ensure that:

(a) only those employees required to carry out the services under the Supplier's service agreement with PolyU may have access to the Personal Data; and (b) such employees:

(i) are only provided with as much Personal Data as they need to perform the services under the service agreement with PolyU; (ii) are informed of the confidential nature of the Personal Data; (iii) have undergone adequate training with respect to data protection procedures and policies; and(iv) agree to comply with the obligations set out in this document.

iii) Restricting use of Personal Data

Use of the Personal Data must be limited to the purpose for which PolyU provides the Personal Data to the Supplier in the first place.

• The Supplier must:

(a) only use the Personal Data for the purpose(s) set out in the Supplier's service agreement with PolyU;

(b) process the Personal Data in accordance with the instructions of PolyU; and

(c) process the Personal Data only to the extent, and in such manner, as is necessary for the proper provision of the services set out in the Supplier's service agreement with PolyU.

• The Supplier must not perform its service agreement in such a way so as to cause PolyU to breach any of its applicable obligations under the Ordinance or any other applicable laws or regulations.

iv) Transfer or disclosure of Personal Data

The Supplier must not disclose or transfer any of the Personal Data to a third party, except with the express consent of PolyU or where required by law.

• The Supplier must not publish, disclose, divulge or transfer any of the Personal Data to any third party (whether within or outside Hong Kong) without the prior written consent of PolyU.

• If the Supplier is required by law or legal process to disclose any of the Personal Data, the Supplier must promptly inform PolyU before any such disclosure, unless such notification is prohibited by law.

v) No subcontracting

• The Supplier must not sub-contract any of its rights or obligations under its service agreement with PolyU without the prior written consent of PolyU.

• Where prior written consent is obtained from PolyU in accordance with the clause above, the Supplier may only sub-contract its rights or obligations by way of a written agreement with its sub-contractor which imposes the same obligations on the sub-contractor as are imposed on the Supplier.

• Where the sub-contractor fails to fulfil its obligations under any subcontracting agreement, the Supplier is to remain fully responsible to PolyU for the

fulfilment of its obligations under its service agreement with PolyU.

vi) Deletion or retention of data

• The Supplier must destroy all Personal Data promptly:

(a) When it is no longer needed for it to perform the services for which it was retained; or (b) at the instruction of PolyU.

• In complying with the clause above, the Supplier must ensure that:

(a) all electronic copies of the Personal Data are removed from its systems by either destruction of the storage device (by drilling holes through the media or putting magnetic media through a degausser) or using appropriate electronic deletion software;

(b) any printed copies are securely destroyed by cross-cut shredding and are not recycled; and (c) a record of such activities is maintained so to provide PolyU with evidence of what records have been deleted/ destroyed, when, by whom and by what

method.

vii) Notification of data security breach

• Where there has been any unauthorised, accidental or unlawful use, access, alteration, loss, destruction, erasure, theft or disclosure of the Personal Data ("Security Breach"), the Supplier must report this to PolyU as soon as it becomes aware of the incident of:

(a) the Personal Data involved; (b) how the incident occurred; (c) those who were involved; and (d) anticipated impact.

• The Supplier must provide any assistance as required by PolyU to rectify such Security Breach.

viii) Indemnity from the Data Processor

• The Supplier agrees to hold harmless and indemnify PolyU against all claims, demands, actions, proceedings and expenses (including legal fees and disbursements) which arise or is connected with its provision of the services under the service agreement, including but without limitation to those arising out of any third party demand, claim or action, or any breach of contract, negligence, fraud, wilful misconduct, breach of statutory duty or non-compliance with any part of the Ordinance by the Supplier or its employees, agents or sub- contractors.

• Without prejudice to PolyU's rights to seek remedies against the Supplier, the Supplier agrees that any breach of any of the above clauses will amount to a repudiatory breach of contract entitling PolyU to terminate the service contract without notice.

4. To ensure these obligations are properly discharged, PolyU reserves the right to inspect the Supplier's system.

Proforma Reply

To: Ms. Shih, FannyPurchasing Unit, Finance OfficeThe Hong Kong Polytechnic UniversityHung Hom, KowloonHong Kong

Fax: (852) 23631384 / Tel: (852) 3400 3168 / Email: hffshih@polyu.edu.hk

From:

Tender Ref. No: 1042287

Tender Closing Date: 30-DEC-2016 10:00 a.m.

I hereby acknowledge receipt of your invitation to tender and would like to inform you that:

* [ ] We are prepared to bid

* [ ] We are NOT prepared to bid and the reasons are:

________________________________________________________________________

________________________________________________________________________

____________________________________Tenderer's Signature & Company Chop

____________________________________Name of contact person in BLOCK Letter

____________________________________Contact Telephone No.

____________________________________Email Address

____________________________________Date

Note: 1. Please return this proforma reply by fax or email immediately upon receipt of the captioned tender invitation,otherwise you may not be invited to submit tenders in future.

2. Please tick the appropriate boxes.3. Please provide reasons if you are not prepared to bid on this occasion, otherwise you may not be invited to submit

tenders in future.

Tender ref. 1042287 

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Specification requirements for Supply, delivery and installation of chairs in FJ304

Insurance Requirements

Employees' Compensation Insurance ( to be arranged by the Supplier)

The Contractor is solely responsible for liability for accidents or injuries to his work people. The Contractor’s particular attention shall be drawn to his obligations in respect of the Employee’s Compensation Ordinance (Cap. 282) which requires that he insures against his liability to pay compensation to employees injured in the course of or caused by carrying out of the works.

The University shall not be liable for, or in respect of any damages for compensation under Employees’ Compensation Ordinance, or any revision or amendment of this or at Common Law by, or in consequence of any accident or injury to any employee or other person whether or not in the employment of the Contractor and the Contractor shall indemnify and keep indemnified the University against all claims, demands, proceedings, costs, charges and other expense whatsoever in respect thereof or in relation thereto.

In the event that any workman or other person employed on the Design, the Works or the Operation or in connection with the Contract whether in the employ of the Contractor or a sub-contractor suffers any personal injury and whether there be a claim for compensation or not, the Contractor shall, without delay, notify the

Specifications Photo of Chair (for reference only)

- Dual rail frame with no arm - Seat dimension: 807mm (h) x 435 mm (w) (seating height is 440mm) - Polypropylene materials - Beam seating type chair with cantilever riser mount and various seater configurations - Upholstered seat pad - Steel frame - 5 years warranty against manufacturing defects and substandard materials with parts and labour shall be included. Stamp/sticker with date of delivery shown shall be put on the supplied furniture to evidence the starting date of the 5 years of warranty period of each chair. - Color should match to existing one used in FJ304 chair (as shown in the right side photo) - uninstallation of existing chairs are required

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Commissioner for Labour in such form as the Commissioner for Labour may require and shall forward two copies of such notification to the University.

The Contractor’s Employees Compensation Policy shall specifically cover the employer’s liability to employees of the Contractor and all sub-contractors under the Employees Compensation Ordinance and at Common Law with a limit of liability of not less than the Minimum Limit stated in the Ordinance.

The Contractor shall ensure that its Employees’ Compensation Insurance Policy conforms to the following. It shall be extended if the contract period is extended or a delay occurs.

a. The Contractor and The Hong Kong Polytechnic University shall be named as the Insured in the Schedule to the Policy. To meet this requirement, the name of University must be included in the paragraph describing the identity of the Insured. Merely being named as Principal is insufficient.

b. Endorsements in the following wordings shall be endorsed on the Employees’ Compensation

Insurance Policy:- I. Endorsement (i) (normally known as non-contribution clause)

Notwithstanding any non-contribution clause incorporated in the Employees’ Compensation insurance policy provided by the Contractor it is expressly agreed that this insurance provides primary cover for the Contractor and in the case of liability that would also be covered under any other policy of insurance taken by the University then this policy will indemnify the Contractor and such other policy taken out by the University shall not be called into contribution.

Where this special condition is at variance with or inconsistent with anything contained in

the Employees’ Compensation insurance policy provided by the Contractor, this special condition shall prevail and take precedence.

II. The following amended Endorsement (i) and Additional Endorsements (ii) and (iii)

are to be included where sub-contractors are employed in performance of this Agreement and do not have their own Employees’ Compensation insurance policy in place covering their obligations under the contract (if sub-contractors are employed but have their own policy then that sub-contractors’ own Employees’ Compensation insurance policy must also be endorsed to include the University as Joint Insured and contain clause (I) above):-

(1) Endorsement (i) (normally known as non-contribution clause)

Notwithstanding any non-contribution clause incorporated in the Employees’ Compensation insurance policy provided by the Contractor it is expressly agreed that this insurance provides primary cover for the Contractor and their sub-contractors of any tier and in the case of liability that would also be covered under any other policy of insurance taken by the University then this policy will indemnify the Contractor and their sub-contractors of any tier and such other policy taken out by the University shall not be called into contribution.

Where this special condition is at variance with or inconsistent with anything contained in the Employees’ Compensation insurance policy provided by the Contractor and their sub-contractors of any tier, this special condition shall prevail and take precedence.

(2) Endorsement (ii) (normally known as Endorsement W204)

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“It is hereby understood and agreed that the indemnity herein granted is extended to indemnify the Insured against liability at law (including liability under the Legislation set out in the Schedule) to employees in the employ of sub-contractors performing work for the Insured while engaged in the Business in respect of which this Policy is granted.” It is further understood and agreed that any exception clause in the Policy to the effect that “The Insurance Company shall not be liable in respect of the Insured’s Liability to employees of the Contractor to the Insured” shall be deleted.

(3) Endorsement (iii) (normally known as Endorsement W348) “It is hereby understood and agreed that the witnessing clause of this Policy is deemed to be deleted and replaced by the following:- Now this Policy witnesseth that if any employee in the immediate service of any of the parties jointly described as the Insured shall sustain bodily injury by accident or disease caused during the period of insurance and arising out of and in the course of his employment by the Insured in the Business.”

It is further understood and agreed that any exception clause in the Policy to the effect that “The Insurance Company shall not be liable in respect of the Insured’s Liability to employees of the Contractor to the Insured” shall be deleted.

The Contractor and all their sub-contractors are not allowed to hire or employ self-employed persons and/or sole proprietors to undertake the Works unless the Employees’ Compensation Insurance has been extended to include the self-employed persons and/or sole proprietors.

The Contractor shall submit the policy and proof of premium payment to the University for approval prior to the date of commencement and shall immediately advise the University of any Cancellation or Modification to the policy including annual renewal thereof.

Contractors' All Risks and Third Party Insurance (to be arrange by the PolyU)

A Contractors’ All Risks and Third Party Liability insurance policy shall be taken out and maintained by the University.

The policy shall provide Third Party Liability cover for death, bodily injury or property damage upto HK$100,000,000 for any one accident and unlimited number of accident during the period of insurance but in the aggregate limit of HK$100,000,000 during insurance period due to vibration, weakening or removal of support. The policy will be subject to certain exceptions and excesses which shall be borne by the Contractor and if not paid direct by him may be deducted by the Employer from any sums due or may become due to the Contractor.

The Contractor shall be deemed to have examined the insurance policy which will contain all the usual conditions and provisions and, for the avoidance of any doubt, his responsibilities will equate to those he would have if the Employer were not paying the premium. The Contractor shall be responsible, as may be directed from time to time by the Employer, for dealing with the Insurers and negotiating the settlement of all claims.

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The Contractor’s attention is drawn to the limits of liability of the Insurers for payment of compensation to any claimant or claimants or a series of accident originating from the occurrence and liability arising from vibration, weakening or removal of support.

The insurance policy will exclude :

(i) Loss of or damage to constructional plant and equipment which are the property of the Contractor or for which he is responsible.

(ii) Employees’ Compensation insurance.

The policy sum insured will represent the full value of the Contract Sum including the works of Separate Specialist Contractors plus professional fees.

The insurance policy will cover removal of debris and associated costs.

The policy will cover the period from the Date for Commencement until two weeks after the Certificate of Practical Completion of the Works issued by the Contract Administrator and thereafter will extend to provide cover to the Contractor during the Defects Liability Period in respect of their carrying out their maintenance obligations and until the completion of any further work including the making good of defects.

Notwithstanding that the insurance described in this Clause will be maintained by the Employer it is hereby agreed for the avoidance of any doubt, that the whole of the Site, plant, materials and Works are the sole risk of the Contractor including any and all liabilities to third parties and damage or loss caused by but not limited to the perils of fire, lightning, explosion aircraft, earthquake, riots, strikes, civil commotion, malicious damage, landslide, subsidence, collapse, storm tempest, flood, water damage, typhoon, impact, and any other cause whatever.

It is the responsibility of the Contractor to ascertain all details of the policy taken out by the Employer and to make allowances therefor, including the exceptions and excesses in his Tender.

A copy of the insurance policy is available for inspection at the Finance Office of The Hong Kong Polytechnic University by prior appointment during normal office hours.

Tender ref. 1042287 

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Safety Precautions and Requirements

The Contractor is requested to inspect the details of this clause at PolyU websites (http://www.polyu.edu.hk/fo/SafetyPrecautionsRequirements.pdf).

A hardcopy is also available for inspection at the Facilities Management Office of The Hong Kong Polytechnic University by prior appointment during normal office hours.

The Safety Precautions and Requirements may be subject to change from time to time without prior notice to the Contractor. The Contractor shall review the version current in force on the web page of PolyU at the link as before described. Failure to observe this requirement will not absolve the Contractor’s liability as to the safety precautions and requirements that should be observed by the Contractor carrying out the Works within the premises of PolyU.