no contract has been created between us and RMS nor any other obligations at law
imposed upon RMS whether as a result of the tender process or otherwise in
respect of our Tender or the consideration or evaluation of our Tender by RMS;
and
(ii)
RMS will not be under any obligation to act in
any particular manner or
refrain from acting in any particular manner in considering and
evaluating our Tender; and
(c)
agree that RMS will not be liable upon, and hereby release RMS from, any Claim
(as defined in the
Deed of Disclaimer, the form of which is in Appendix 1 of this
Request for Tender) arising out of or in connection with anything that RMS does
or fails to do as part of the tender process, including in the consideration or
evaluation of Tenders.
1.6
We warrant that in preparing our Tender for the Contractor’s Work we did not communicate
(verbally, indirectly or otherwise) or have any arrangement or arrive at any understanding
with any of the other Tenderers or with any employee of an association of which we or any of
the other Tenderers are a member concerning the Contractor’s
Work or any aspect of the
Contractor’s Work and without limitation further warrant that:
(a)
we did not engage in:
(i)
any discussion or correspondence with such persons concerning the
amount of our Tender;
(ii)
any collusive tendering with any of the other Tenderers; or
(iii)
any conduct or enter into any contract or have any arrangement or
arrive at any understanding with any of the other Tenderers, which in
any way was or could have the effect of reducing the competitiveness
of the tender process for the Contractor’s Work;
(b)
we are not aware of any other Tenderer's
tender price;
(c)
except as disclosed in a statutory declaration lodged with the Tender, we have not
entered into a contract, arrangement or understanding with anyone in connection
with this Tender to the effect that a successful Tenderer will pay money to or
confer a benefit upon an unsuccessful Tenderer or a trade or industry association
(above the published standard fee); and
(d)
our price does not include an allowance on account of a contract, arrangement or
understanding of the kind referred to in paragraphs (a) or (c).
1.7
We agree that money or the monetary value of a benefit received by us from another Tenderer
in connection with this Tender belongs in equity to RMS and is immediately payable to RMS.
1.8
We will immediately notify RMS if we receive or are offered money or another benefit from
another tenderer in connection with this Tender.
1.9
We:
(a)
warrant that we have not relied upon the Tender Documents as being accurate,
adequate, suitable or complete for the purposes of enabling us to
complete the
design, construction and landscaping maintenance obligations under the Project
Deed;
(b)
warrant that we have made our own independent evaluation of the Tender
Documents' accuracy, adequacy, suitability and completeness for the purposes of
enabling us (should our Tender be successful) to discharge our obligations under
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the Project Deed, and we have based our price upon our own independent
evaluation; and
(c)
acknowledge that no representation or warranty (express or implied) has been or is
made by RMS or anyone on its behalf to us that the Scope of Works and Technical
Criteria or any other specifications or drawings included in the Tender Documents
represent a complete design of the Project Works or that they are
suitable for any
purposes.
1.10
We:
(a)
acknowledge that the Information Documents are provided to us by RMS for our
information only;
(b)
acknowledge that any information, data or document referred to or incorporated by
reference in an Information Document is itself deemed to be an Information
Document;
(c)
warrant that we have not in any way relied upon:
(i)
the Information Documents or any information, data or document
which is deemed to be an Information Document by clause 1.10(b) of
this Tender Form;
(ii)
the accuracy, adequacy, suitability or completeness of the Information
Documents or any information, data or document which
is deemed to
be an Information Document by clause 1.10(b) of this Tender Form; or
(iii)
any summary which appears in an Information Document of any
information, data or document which is deemed by clause 1.10(b) of
this Tender Form to be an Information Document,
for the purposes of preparing our Tender or entering into any contract with RMS
with respect to the Contractor’s Work and
(d)
acknowledge and agree that:
(i)
RMS (or anyone on its behalf) does not warrant, guarantee, assume any
responsibility or duty of care for, or make any representation about the
accuracy, adequacy, suitability or completeness
of the Information
Documents or any information or document which is deemed by clause
1.10(b) of this Tender Form to be an Information Document, and nor
has it (nor anyone on its behalf) done any of these things;
(ii)
neither the Information Documents nor any information or document
which is deemed by clause 1.10(b) of this Tender Form to be an
Information Document will form part of any contract with RMS with
respect to the Contractor's Work; and
(iii)
except to the extent contemplated under clause 2 of the Deed of
Disclaimer, insofar as is permitted by law, RMS will not be liable upon
any Claim (as defined in the Deed of Disclaimer, the form of which is
in Appendix 1 of this Request for Tender) by us arising out of or in any
way in connection with the Information Documents or any information
or document which is deemed by clause 1.10(b) of this Tender Form to
be an Information Document.
1.11
We:
(a)
warrant that we have prepared our Tender and will enter into any contract with
RMS with respect to the Contractor’s Work based on our own investigations,
interpretations, deductions, information and
determinations; and
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