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What are the mitigated conditions contracts/POs?

Which companies or suppliers are you willing to mitigate terms for them in their PO or contract if you decided to award a scope of work.?

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Question ajoutée par Amin ALMASRI , Procurement Manager , Dur Hospitality Co.
Date de publication: 2016/03/07
David Sawdon
par David Sawdon , Corporate Commercial Manager , Modular Mining Systems Canada Ltd

The principle of mitigation normally applies to two scenarios: (a) mitigating circumstances e.g. even though a crime has been committed there may be extenuating circumstances (hungry person stealing bread). (b)  mitigation of damages - implies that the victim of the breach of contract makes reasonable effort to limit his damages.

Md Fazlur Rahman
par Md Fazlur Rahman , Procurement Specialist , Engineering and Planning Consultants Ltd

.Mitigated conditions are applicable in case the supplier fails to perform the work within the stipulated time as noted in contract/PO. Normally, in order to mitigate the risk, the purchaser requests the supplier for an unconditional performance guarantee (or Bank Guarantee) issued by a bank, before issuance of contact/PO.   The Performance Guarantee is normally equal to ten percent of the contract/PO value and remains valid for a specific period. 

The performance guarantee states that if the supplier fails to perform the work within the stipulated time as mentioned  in contract/PO, the purchaser has the right to cancel the contract /PO and encash (meaning asking the bank to pay) the performance guarantee  without any reference to the supplier.

Sivakumar Panneerselvam
par Sivakumar Panneerselvam , Design Associate - Lighting , T2 Consulting & Technology

Type of Bonds, Guaranty, Insurance, Mode of Payment, PO Validity,Liquidated damages, After sale services, and etc.

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