Agreement of service

AGREMEENT FOR THE SERVICES OF INSTALLATION OF CONNECTION FOR LAN AND WAN

THIS AGREEMENT made at ……… on this ……….day of ……………., 2004

BETWEEN

The Open University of Tanzania of P.O Box 23409, Dar es Salaam, a Public University established by the Act of Parliament (hereinafter referred to as “the University”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART

AND

…………………………….., a company incorporated under the Companies ordinance cap 212 and having its registered office at ………………….. (hereinafter referred to as “the Contractor” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS the University is in search of a good contractor for Installation of connectivity for LAN and WAN to the University premises

AND WHEREAS the Contractor has agreed to supply and install the connectivity for LAN and WAN in the said premises.

AND WHEREAS the University has agreed to avail the said services being provided by the contractor.

NOW IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLLOWS:

1.         The Contractor shall install the connectivity for LAN and WAN within a period of ……………. From the date of these presents. After completion of the installation, the Contractor shall inform the University and the University may get the inspection of the LAN nad WAN installed by the Contractor and after inspection of the LAN and WAN, shall inform the Contractor that the work has been completed according to its satisfaction. If any defects are noticed in the installation, it shall intimate to the Contractor to remove the defects in the LAN and or WAN as the case may be, which the Contractor shall do within a period of fifteen days from the date of intimation of the defects by the University. However if the University does not get LAN and WAN inspected within a period of one month from the date of the receipt of intimation of completion of work by the Contractor, the work of the installation of the LAN and WAN shall be deemed to have been approved and taken over by the University.

2.         The Contractor shall maintain the LAN and WAN installed by him for a period of one year from the date of installation and if the LAN and WAN is damaged or found to be defective the Contractor shall set right the defects.

3.         The LAN and WAN installed by the Contractor shall become the property of the University.

4.         The University shall pay the Contractor a sum of Tshs. …………………… for the work performed. It is hereby agreed that the said amount shall be inclusive for services provided by the Contractor at the site and maintenance for a period of one year as aforesaid. The said amount shall be paid to the Contractor after the LAN and WAN are installed and taken aver by the University.

5.         However a sum equivalent to ……….. percent of the total amount shall be deducted by the University by way of retention money, which shall be held by the University as security for the performance by the Contractor of their obligations hereunder inrespect of the rectification of defects during a period of one year from the date of installation of the LAN and WAN. The said sum shall be paid after the expiry of the defect liability period.

6.         The University shall be entitled to inspect the installations within the period of one year from the date of installation of the LAN and WAN and if any defect is found or detected by the university in the LAN and WAN, it shall report the same to the Contractor and the Contractor shall rectify all such defects within a period of one week from the date of the same is notified by the University, at its own costs. If the Contractor fails to rectify the defects pointed out or declines to cure such defects as pointed out by the University within fifteen days from the date of reporting to the Contractor, the University shall be entitled to have such defects cured by such other Contractors, as it may deem fit, at the entire cost and risk of the Contractor and utilize the retention money for the same. Provided further that in the event of the said retention money being madequate to meet such costs, charges and expenses incurred by the University for curing the defects in the LAN and WAN, the Contractor shall within …….. days of the demand in writing made by the University, make good the deficit, failing which the Contractor shall be liable to pay the same together with the interest of ………… per annum.

7.         The LAN and WAN installed by the Contractor shall be inaccordance with the by laws of the local municipal Council.

8.         The Contractor shall indemnify and keep indemnified the University against any loss, claims, damages, actions, proceedings, losses, damages, costs, charges and expenses which may be made or brought or commenced against the University for any negligence or default committed by the Contractor in installing and maintaining the LAN and WAN.

9.         In case of any dispute or difference shall arise between the parties during the subsistence of this agreement or after its termination or earlier terminations, as to its meaning and Construction or to any other matter or thing directly under this agreement, the same shall be referred to arbitration and the final decision of an arbitrator to be agreed upon and appointed by both the parties or incase of disagreement as to the appointment of a single arbitrator, to the appointment  of two arbitrators, are to be appointed by each party. The arbitrator(s), as the case may be, shall make his or their award within six months or such further extended time as may be decided by him or them, as the case may be, with the consent of the parties from the date of entering on the reference. This submission shall be deemed to be submission to arbitration Act or any statutory modification thereof. The award of the arbitrators as the case may be, shall be final and binding on the parties. The parties also agree that the arbitration under this clause shall be a condition precedent to any right of action under the contract.

10.       This agreement shall be executed in duplicate the original shall be retained by the University and duplicate by the Contractor.

                     

IN WITNESS WHEREFORE, the parties have signed this agreement in manner hereinafter appearing on the day and year first above written.

SIGNED and DELIVERED in Dar es Salaam

by the said GEOFREY MMARY

on behalf of THE OPEN UNIVERSITY OF

TANZANIA who is identified to me by               …………………………..

…………………………………………                 

the latter being know to me personally

this ……… day of ………….., 2004.

BEFORE ME:          

Name:                                   …………………………..

Signature:                 …………………………..

Postal Address:       …………………………..

                                   …………………………..

Qualification:                       …………………………..  

     

SEALED with the Common Seal                                    ………….………………….

of the Company                                                      COMPANY SEAL

this ……… day of ………….., 2004.

IN OUR PRESENCE

Name:                                   …………………………..

Signature:                 …………………………..

Postal Address:       …………………………..

                                   …………………………..

Qualification:                       DIRECTOR     

Name:                                   …………………………..

Signature:                               …………………………..

Postal Address:                       …………………………..

                                                …………………………..

Qualification:                       COMPANY SECRETARY