Force Majeure
.  Obligations of either party being suspended in the event they being unable to perform contract due to force majeure, against delay of supplies or suspension or cancellation of contract due to acts of God, strikes, civil riots, floods, fire accidents, war, regulations of respective governments of both parties.

Warranty
. Most customers want suppliers to agree to the standard warranty clause as laid down in the tender document, bidders should carefully understand implications before risking rejection due to stating exceptions/deviations and disclaimers.

Indemnities
. Bidders should take care to indemnify themselves of consequential damages arising out of the contract.

Consequential Damages
. It is customary for contracting parties to disclaim consequential damages. It is also customary to place a reasonable limitation of liability in the sale of goods. Common wording of this clause is: . Neither party shall hold the other liable for consequential, incidental, indirect or punitive damages, sustained by the other party, including without any limitation of loss of profits, business interruptions, anticipated revenues or loss of use of assets, and each party shall defend, indemnify and hold the other party harmless in respect thereof. SUPPLIER's liabilities to PURCHASER, arising out of use of the MATERIAL supplied under this p.o./contract shall be limited to the amount of this PURCHASE ORDER / CONTRACT.

Joint and Several Responsibility
. Where supplier's product or any part thereof are to be used jointly with products supplied by another manufacturer. Customers could hold both suppliers jointly and severally responsible for perfect operation of the entire group of product as per technical specifications stipulated in specifications.

Liquidated Damages
. This is the penalty condition spelt out in tender conditions, whereby a penalty amount or percentage value of contract upto a ceiling as ascertained can be deducted on account of delay in delivery schedule.

Risk Purchase, Failure & Termination
. Time and date of delivery is the essence of a contract. Beyond delay or failure in delivery schedule by certain time frame, customers reserve their right to purchase the contracted material from third party of their option and claiming the excess cost incurred thereof under risk purchase to contractors account as well as recover damages as stipulated in addition to those for breach of contract. Risk purchase conditions can also be applied in the event goods supplied are not in accordance with specifications of contract and not replaced within reasonable time frame of warranty conditions being invoked.

Taxes
. All export taxes should be included in final price and all local taxes in import destination should be indicated to customers account

Insurance
. Insurance cover charges from shipment port, FOB to destination port and upto final destination should be customers responsibility and therefore, clearly so indicated in the bid

Applicable Law and Legal Jurisdiction
. Most contract are governed by INCOTERMS, but some local legislation are included to protect purchaser's interests fully. Usually tender specifies that disputes shall be subject to exclusive jurisdiction of place from where tender is invited and governed by local laws both substantive and procedural. Carefully understand contract responsibilities and implications

Bid Bond / Earnest Money or Security Deposit / Performance Bond
. Most tendering customers are very strict about bidders furnishing bank draft or bank guarantee towards bid security from banks stipulated as acceptable by customer. Care must be taken to understand the obligations of bidder. Most customers do not tolerate any exceptions and deviations to their instructions concerning bid or contract security.

Tests
. Tests mean such process or processes to be carried out by the SUPPLIER as are prescribed in the Purchase Order, considered necessary by PURCHASER in order to ascertain quality, workmanship, performance and efficiency of material.

Inspection
. Inspection of goods prior to dispatch is carried out by the customers own inspection department or by third party agency specified in the tender. Contractor has to ensure that products offered are made available for complete inspection and testing to conformity of specifications as per relevant industry codes and practices. In many cases the inspection report at destination is considered final and binding.