The Russian-language version of this document is the governing text. This translation is provided for convenience.
This Agreement governs a supplier organisation's ("Supplier") participation in procurement procedures run by Общество с ограниченной ответственностью «Велфарм» (the "Customer") on the Platform at velpharmbid.ru.
1. Participation
1.1. Participation is by invitation from the Customer only. An invitation is issued to a specific organisation and is not transferable.
1.2. The User accepting this Agreement confirms they are authorised to act for the Supplier and to take on the obligations set out here.
1.3. The Supplier undertakes to keep the information about itself on the Platform current, including requisites, contact details and information about permits and licences.
2. Commercial offers
2.1. An offer is submitted for each position of a procedure. The Supplier may decline to quote an individual position by stating so explicitly.
2.2. A submitted offer is valid for the period the Supplier states when submitting it. After that period the offer lapses and cannot be accepted by the Customer without the Supplier reconfirming it.
2.3. The Supplier confirms that the information in an offer — including price, country of origin, manufacturer, shelf life and delivery times — is accurate.
2.4. During a rebidding phase an offer may be improved in the manner set by the specific procedure. Worsening a previously submitted offer is not permitted.
2.5. An offer may be withdrawn, with a stated reason, before submissions close.
3. Selection of a winner
3.1. Being selected as the winner does not conclude a supply contract. A contract is concluded separately in written form and is governed by its own terms.
3.2. The Customer may decline to select a winner and close a procedure without an award.
3.3. A Supplier selected as the winner must confirm or decline the outcome in the Platform within the period set.
4. Confidentiality
4.1. Information the Supplier gains access to through participation is handled under the Data Usage Agreement.
4.2. In particular, the Supplier undertakes not to use information about other participants' offers or about outcomes to set its pricing towards third parties.
5. Good faith and anti-corruption
5.1. The Supplier undertakes not to act so as to distort the outcome of a procedure, including by coordinating offer terms with other participants.
5.2. The parties confirm that in performing their obligations they do not pay, offer or permit the payment of money or the transfer of other valuables, directly or indirectly, to any person in order to influence their actions or decisions.
5.3. Breach of this section is grounds for excluding the Supplier from procurement procedures and ending its access to the Platform.
6. Liability
6.1. Liability is limited to documented and proven actual damage. Lost profit is not recoverable.
6.2. The Customer is not liable for costs the Supplier incurs in preparing and submitting an offer, whatever the outcome.
7. Termination
7.1. The Customer may end the Supplier's access where this Agreement is breached, where inaccurate information has been provided, or where the relationship with the Supplier ends.
7.2. The obligations in section 4 survive termination for the period set by the Data Usage Agreement.