Conditions for participation in Keelvar eSourcing events.

Use

The present conditions for the participation in Keelvar events apply to all Suppliers taking part in and/or making bids in one of Keelvar’s eRFx or eAuction events.

Terminology

The employee of a Keelvar customer who is setting up eRFx or eAuction events in the Keelvar system are hereinafter referred to as Users. The Parties invited to any eRFx or eAuction events, including RFQ’s and Tenders, are hereinafter referred to as Suppliers.

Conducting an eRFx

Suppliers may place bids within the eRFx events (RFx, RFQ and RFI types) and also provide answers to the RFI part of an eRFx, until the deadline is reached. In all eRFx types each Supplier can change submitted bids as long as the event is active, and is prevented from viewing the other Suppliers’ bids or identities. For all eRFx types, the User is allowed to prolong the event with a time interval, defined by the User. The User may also stop or cancel any eRFx events before the deadline is reached. During the participation period of the eRFx, the User may make changes. The User may send messages to one or more of the Suppliers during and after the participation period of the eRFx.

Conducting an eAuction

Suppliers may submit bids continuously during the eAuction bidding period. The User is allowed to prolong the eAuction with a time interval that the User defines. The User may also stop or cancel any eAuction event before the deadline is reached. The User may make changes to all fields in the eAuction before or during the eAuction period.

Completing the eRFx and eAuction

Once the end time is exceeded, it is no longer possible to place bids in the eRFx and eAuction events, or provide answers to the RFI part of an eRFx. The User, who has created and completed the eRFx or eAuction, is now free to select which Supplier he/she wishes to contract with, or reject all bids. The User will inform the participating Suppliers of the result of the eRFx or eAuction. Suppliers are not permitted to behave in a manner that may compromise the integrity or security of Keelvar’s software, either through denial of service attacks, phishing attacks, penetration efforts or related threats that could be perceived as possibly compromising the operational performance of the software. Keelvar reserves the right to bar access to Suppliers whose behavior may be deemed as threatening to system stability.

Binding effect

Answers provided to the RFI part of an eRFx as well as bids made by the Supplier placed in any eAuction or eRFx type are as binding on the Supplier in relation to the User as if they had been made in writing and submitted by post/e-mail/fax. Unless otherwise specifically stated, a placed bid is binding for sixty (60) working days counting from the day after the event’s end time.

Liability

Keelvar renounces liability to pay damages as a result of: misprints on the homepage, third party information, erroneous information or errors in specifications, invitations etc., and lacking functionality in eRFx or eAuction software or behind the homepage as a result of technical errors, computer virus or sickness at Keelvar. Keelvar renounces liability to pay damages and any other liability in relation to User, Suppliers, third party or public authorities as a consequence of User-initiated eRFx or eAuctions, including claims for damages as a result of concluded or not concluded agreements. Keelvar renounces any liability and claims that the User or Suppliers may incur towards public authorities, including taxes and duties, etc., or as a result of failure to observe legislation regarding public procurement or competition laws etc. Keelvar solely provides the User with an opportunity to hold an eRFx or eAuction and the Supplier an opportunity to place bids or provide answers to the RFI part of an eRFx for the purpose of purchase or sale of services/products directly between the User and the Supplier. As a result, Keelvar cannot be considered a User, Supplier, dealer, agent or department of neither the Supplier nor the User or in any other way bind or be bound by these. All agreements are made directly between the User and the Supplier. Keelvar retains the right to fix and/or change these conditions and/or specific guidelines for the use of Keelvar eRFx or eAuction software without prior notice.

Validity

Should one or more conditions contained in these terms be or become invalid, other terms shall remain valid between the Parties. In this case, the Parties shall be obliged to replace the invalid stipulation(s) with a valid one, which shall as far as possible pursue the objective and legal position contained in the invalid stipulation(s).

Governing laws

Any dispute arising as a result of these terms shall be settled in the Courts of the Republic of Ireland.