Common use of Form of Offer and Acceptance Clause in Contracts

Form of Offer and Acceptance. Offer For the tenderer: Acceptance for the Schedule of Deviations 1. To be completed by the Client prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Client prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. No. Subject Details By the duly authorised representatives signing this Schedule of Deviations below, the Client and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Client during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the Consultant For the Client Signature Name Pranesha Padayachy Capacity Senior Manager: Business Enablement On behalf of Name & signature of witness Date

Form of Offer and Acceptance. Offer Provision of Reclosers installation services within the Limpopo Operating Unit over a period of 36 months on an “as and when” required basis. For the tenderer: Note: No alternative tender offers will be accepted or evaluated. Acceptance for the Employer Eskom Holdings SOC Limited Schedule of Deviations 1. To be completed by the Client Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Client Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. No. Subject Details By the duly authorised representatives signing this Schedule of Deviations below, the Client Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Client Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the Consultant For the Client Signature Name Pranesha Padayachy Capacity Senior Manager: Business Enablement On behalf of Name & signature of witness Date

Form of Offer and Acceptance. Offer For the tenderer: Acceptance for the Schedule of Deviations 1. To be completed by the Client Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Client Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. No. Subject Details 6 By the duly authorised representatives signing this Schedule of Deviations below, the Client Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Client Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the Consultant For the Client Signature Name Pranesha Padayachy Capacity Senior Manager: Business Enablement Manager Operations and Management On behalf of Eskom Holdings SOC Limited Name & signature of witness Date

Form of Offer and Acceptance. Offer For the tenderer: Acceptance for the Schedule of Deviations 1. To be completed by the Client Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Client Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it. No. Subject Details 6 By the duly authorised representatives signing this Schedule of Deviations below, the Client Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Client Employer during this process of Offer and Acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement. For the Consultant tenderer: For the Client Employer Signature Name Pranesha Padayachy Capacity Senior Manager: Business Enablement On behalf of (Insert name and address of organisation) Airports Company South AfricaSOC Limited King Shaka Airport La Mercy 4407 Name & signature of witness Date