Suppliers’ Stipulations to use
Purchases Portal of Ajman Free zone
1-1 This document describes the stipulations to be followed by the user
(supplier) who is dealing with Ajman Free Zone through the e-purchase
portal of Ajman Free Zone (the buyer) and who is authorized to access and
use of e- purchase system (system) at the invitation of Ajman Free Zone to
participate in the purchase process.
1-2 The user (the supplier) hereby pledges that he had carefully reviewed
this document and agreed to follow all instructions and stipulations. He
undertakes to achieve optimal use according to the service system and bears
full responsibility for any errors occurring due to misuse, whether by him
or any of his subordinates. He releases the AFZ liability from any losses
that may rise due to misuse of the process / system. He also releases the
AFZ liability from any damages, directly or indirectly, or other special,
consequential or economic damages because of this use.
1-3 Purchase process may include a Pre-Qualification Questionnaire (PQQ) or
a Request For Information (RFI) or a Request for Quotation (RFQ) or an
Invitation to Negotiate (ITN), or an Invitation to Participate in Dialogue
(ITPD) or an Invitation to Submit Final Offer (ITSFO) or an Invitation to
Submit Final Tender (ITSFT) or Best and Final Offer (BAFO) or a Request for
Proposal (RFP) or a Request for Quotation (RFQ) or E-Auction or E-
Contract. This above list of individual purchases is a reference and
description not comprehensive of commonly used terms. The buyer’s
institution may have its own terms applied in each case.
1-4 This system was provided by Tejari Solutions FZ LLC to be used by Ajman
Free Zone. These stipulations apply to the supplier and its employees
proposed to use the system. The supplier acknowledges the access of his
employees to the system using the ID and password of the supplier that was
provided to him as per his agreement to be bound by this document.
1-5 The supplier shall only use the system to respond to an invitation to
participate in a purchase process in accordance with the requirements of
this system and any other rules that have been clarified or included in the
system or by the AFZ.
2-1 Ajman Free Zone allows to supplier, free of charge, to access to the
system by supplier’s users for the purpose of responding to any invitation
to participate in the purchase process.
2-2 Ajman Free Zone may immediately reject the access to the system by the
supplier and / or one or more of his users by providing written notice to
the supplier in the event of any of the following events:
2-2-1 If the supplier commits any material breach of any of its obligations
under this document; and
2.2.2 If the supplier fails to rectify, or is still committing any breach
of any of its obligations set forth in these stipulations after it has been
notified in writing to rectify or stop this breach within ten (10) business
3.2 Without prejudice to any other rights of the AFZ, the AFZ shall have
the right to suspend access to the system without prior notice due to any
technical or legal reasons.
3.1 In order to grant access to the system, the supplier shall register any
person he wants to be his user by providing the required registration data
as well as user identification and password.
3.2 User ID and password are specifically belong to the supplier’s user and
non-transferable. The supplier shall ensure that all users will not
disclose user ID or password to third parties. In the event that the
supplier or any of its users aware that the user and / or password have
been disclosed or discovered by any third party, he should immediately
notify the Free zone Purchases Department.
3.3 The supplier shall, just in case, specify a user name to manage access
to the system on behalf of other supplier’s users provided that the
supplier shall notify the Free zone Purchases Department with his name and
the means of communication.
3-4 The supplier shall immediately notify the Free Zone Purchasing
Department if any user left the work with him, or is no longer required to
access to the system. The AFZ maintains shall have the right to turn off
the "user ID" and "Password" for any user if there was no access for a
period of sixty (60) days.
4-Invitation to Participate
4-1 The AFZ shall, through the system, send an invitation to participate in
a specific purchase process to prospective suppliers who were registered
and activated on the system. Also, the data and information relating to the
specific purchase process shall be available to all the invitees’
4-2 The AFZ must configure the system which goes along with every purchase
process. The configuration settings specified for purchase process should
be displayed on the system to be reviewed by the invitees’ suppliers. The
supplier should be bound by these configuration settings.
4.3 All materials displayed through the system and related to these
purchases shall remain the property of the Free Zone and must be used only
for the purposes of these purchases.
5- Supplier Obligations
5-1 The supplier should circulate these stipulations, the
subject of this document, to all his subordinates in order to ensure the
proper use for the system.
5.2 The supplier should exert his reasonable efforts and skills to perform
his obligations in accordance with these stipulations.
5.3 The supplier should provide its users with the equipment and software
necessary to access and use the system.
5-4 The supplier should provide a platform to ensure the security of the
system should exert his efforts to protect the system from viruses when
accessed and used by supplier users.
5-5 The supplier should use of the system for legitimate purposes only. He
should, in all cases, comply with all the relevant rules and regulations
applicable at the AFZ.
5-6 In particular, the supplier agrees that he will not:
5-6-1deal with any information provided on the system in a way that will
lead to inaccurate and misleading display for the information displayed;
5.6.2 Offer, communicate or publish any information on or via the system
which are or may be harmful or obscene or defamatory or otherwise illegal;
5.6.3 Use the system in a way which causes or may cause a violation of the
rights of any party / other parties.
5.6.4 Use any routine software or device to interfere or attempt to
interfere electronically or manually in the operation of the system,
including, download or make files that contain viruses or corrupt data
available through any means.
5-7 The supplier agrees that the supplier users will work as authorized
agents for or on behalf of the supplier to respond to any invitation to
participate in the purchase process on the system.
5-8 The supplier shall be responsible for any unauthorized or erroneous or
misleading response to an invitation to participate in the purchases
process that are sent using the ID and password of any supplier users.
5-9 The supplier undertakes and ensures the following:
5-9-1 all information he provides is accurate, complete and accurately
represents the supplier’s potentials.
5-9-2 that he has the right, through actual ownership or otherwise, to
provide the product or service that is the subject of any response to any
invitation to participate in the purchases process;
5-9-3 that he has the ability to sell the products / services / works
according to prices offered in any response for any invitation to
participate in the purchases in accordance with related standards
identified by the Free Zone in the relevant invitation to participate in
the purchase process.
6- General Provisions for Replies
6-1 It is expected the supplier to scan all files attachments that are
posted in the system which refer to what information must be provided. The
suppliers must provide all elements of the information required in the
purchase process. Incomplete information, including the provision of
information within the file attachments containing viruses that are
identified by the system, gives the right to AFZ to cancel or refuse to
respond to the purchase process.
6-2 All responses to any invitation to participate in the purchase process
through the system should be submitted before the deadline and time as
defined in the system.
6-3 Responses may be submitted through the system at any time until the
closing date as defined in the system.
6-4 The suppliers may submit a single response or more before the closing
date. It is well known that the last response submitted before the closing
date is the response directed by the Free Zone in the evaluation and
6-5 The supplier agrees to keep all responses valid for (90) days with
effect from the closing date if no other period specified in the terms and
conditions of the purchase.
6.6 In case of any discrepancies, the last response (according to the
provisions of paragraph 6.4) submitted through the system shall prevail
over the contents of any file attachments and other documents that are made
available by the supplier during the purchase.
6-7 The AFZ shall open the replies in accordance with opening procedures
specified in the system for each purchase.
7- Specific Provisions for Auctions
7-1 In case of any auction, the supplier acknowledges and accepts that the
responses received in the early stages of the purchase process may
represent, based on the AFZ decision and after notice to the suppliers, the
initial tender by each supplier in the auction.
7-2 The AFZ is entitled to put the opening price and the reserve price for
7-3 The configuration settings for the auction should specify, as defined
by the buyer, the closing date for each auction. The selected configuration
settings for auction shall be displayed on the system for the purpose of
informing suppliers before the auction.
7.4 All tenders concluded during auction are irrevocable except to the
extent set forth in this Article. The supplier may cancel bids only if he
notified the Free Zone immediately after entering into the tender and after
that only in the event of cancellation the acceptance of the tender by the
Free Zone. If the buyer does not agree to cancel the tender in such a case,
the tender will become bound by the rules of participation.
7-5 The AFZ is not obliged to accept the lowest tender or any tender
submitted during the auction. If the AFZ decided to accept any tender
according to the evaluation standatrds published, the AFZ should notify the
supplier that his tender is accepted. This notification shall be in writing
and shall constitute unconditional acceptance by the Free Zone on the
supplier’s offer in accordance with the terms and conditions of the AFZ
contract as specified in the purchase process.
8- Amendments to the Purchase Process
8-1 The supplier acknowledges the following:
8.1.1 The AFZ reserves the right to:
8-1-1-1 suspend, re-open or cancel the purchase process or extend the
closing date; and / or
8-1-1-2 change or modify the details of the purchase process at any time
prior to the closing date to receive a response to publish the notice
through the system without incurring any liability, whatsoever; and
8.1.2 In the event of suspension or reopening subsequent to purchase
process, the purchase process will continue on the basis of last response
replied by the supplier through the system.
9- Decision Notice
9-1 The AFZ should give a written notice of award of contract or otherwise
to the supplier after the closing date and after evaluating the suppliers’
response on purchase process. The written notice of the granting of the
contract should be in accordance with paragraph 17 of this document. No any
other notice of contract award or otherwise sent through the system in any
way shall represent any obligation towards the supplier on the part of the
10- Intellectual Property Rights
10-1 All intellectual property rights in the system are owned by, or under
license of Ajman Free Zone.
10-2 The supplier and his users do not have any intellectual property
rights in the system. They may not copy, quote, modify or intervene in the
10.3 The system can include the Free Zone logo. The supplier acknowledges
that he may not copy or use or hide the logo which appears on the AFZ
system without obtaining prior approval from the AFZ.
11- Data Protection
11-1 When using and accessing to the system, the supplier must comply with
the laws and regulations applicable by the Ajman Free Zone. The supplier
agrees to release the liability of Tejari Solutions FZ LLC or AFZ from any
kind of publicity or publication of the news or comments related to secrets
of supplier or private or family life of any user. The use of the system by
the supplier indicates to the agreement of its users that allows Tejari
Solutions FZ LLC or the Free Zone to disclose any information that may be
considered confidential by the supplier or its employees to anyone at any
11.2 Tejari Solutions FZ LLC, on behalf of the Free Zone, shall collect,
conclude and use the personal information obtained from supplier users
pursuant to paragraph 3.1. The supplier agrees that the collection,
conclusion and use of information should be in accordance with the purposes
of this document and his obligations under the systems and legislations
applicable in the Ajman Free Zone.
12- Liability Limits
12-1 The AFZ is only liable to the supplier for any loss directly or
indirectly or damages incurred by the supplier resulting from the use of
the system due to:
12.1.1 Cases that affect the availability and / or performance of the
system other than a force majeure event due to which the AFZ cannot avoid
the interruption of service.
12.1.2 System malfunctions for a period of time exceeding 30 working days.
12.2 The supplier acknowledges and accepts the following:
12.2.1 The AFZ reserves the right to stop and / or suspend the system
availability and / or revoke access at any time under notice to the
supplier without incurring any liability;
12.2.2 The AFZ provides the system 'as is' and 'as available' without
warranty of any kind;
12.2.3 The AFZ shall not assume any responsibility for any information or
links on the system which may guide users to external sources beyond the
reasonable control of the AFZ.
12-3 The supplier should compensate the AFZ in full against all claims,
demands, procedures (including the fees of professionals and legal
advisers, etc.) submitted by any third party arising out of or in
connection with violation by the supplier to its obligations under the
stipulations mentioned in this document.
13-1 The supplier shall:
13-1-1 Deal with all the information permitted to him by the AFZ as
confidential and shall keep them accordingly.
13.1.2 Not disclose any confidential information to any third party without
prior written consent of the AFZ.
03/01/13 Not use any confidential information except for the purposes of
using the system.
13-2 The supplier should take all necessary precautions to ensure the
security and confidentiality of the information if:
13-2-1 it has been given to those employees or consultants or
subcontractors or professional adviser or agent involved in advising him in
the process of completing the purchase to the extent necessary.
13-2-2 it has been treated as confidential and not been disclosed (without
written prior consent) or used by any employee or consultant or
subcontractor or a professional adviser or agent other than for the
purposes of completing the purchase.
13-3 Whenever deemed necessary by the AFZ, the supplier must ensure that
any employee or consultant or subcontractor or a professional adviser or
agent will sign a confidentiality pledge before the start of work in the
process of using the system on behalf of the supplier.
13.4 The provisions of this Article 13 shall not apply to any of the
13-4-1 that has been known or become known to the public (other than a
breach of confidentiality obligations under this document).
13-4-2 that has been possessed by the concerned party without restrictions
with respect to its disclosure before receiving the same from the
13-4-3 that has been received from a third party obtained legally who is
not binding to restrict the disclosure thereof; or
13-4-4 that has been independently developed without access to confidential
13.5 Nothing in this document shall prevent the AFZ to:
13.5.1 disclose any confidential information concerning the supplier which
is required to be disclosed by order of any court or other judicial body,
or required to be disclosed in accordance with any law or statute or
declaration or by law or directives, decisions, regulations, rules,
regulations, notices, court rule, mandates or parliamentary legislation; or
13-5-2 Disclose any information for the purpose of:
13-5-3 Disclose any information obtained from the supplier:
13.6 In the case of the supplier's failure to comply with this Section 13,
the AFZ may terminate the usage of the system by a written notice with
13-7 The obligation mentioned in Article 13 shall remain valid after the
expiry of using the system for a period of 5 years.
14- Third Parties Rights
14. The supplier acknowledges that the usage of the electronic system by
him for purchases in the AFZ does not create to any enforceable rights by
any person other than the supplier and Free Zone with the exception of the
rights set forth in item 11.2, which may be applied by Tejari Solution FZE
15- Amendments to Use Requirements
15.1 In accordance with Articles 15.2 and 15.3, the supplier acknowledges
that the Free Zone reserves the right to change or modify the use
requirements under this document through the publication of a notice or
message in the system or through e-mail or a letter to the supplier using
the e-mail address or postal address referred to in paragraphs 1.1.17 and
15.2 The amendment is considered that they have been accepted by the
supplier unless the technical support receives, within 15 days from the
date of the notice provided for in item 15.1, a written letter from the
supplier expressing his rejection of the amendments. In any case, the
continuation of the supplier in the use of the system is considered his
unconditional acceptance of the entire amendments.
16- General Provisions
16-3 there is nothing either inside or outside the requirements for using
the system constitutes:
16-3-1 a contract, including any additional contract, or any contractual
term between the Free Zone and any other party to purchase any goods,
services or works, including potential service providers; or
16-3-2 any pledge for or on behalf of the AFZ.
16-4 The AFZ shall not adhere to any action as a result of:
16-4-1 issuance of any invitation to participate in the purchase process;
16-4-2 an invitation to submit any proposal regarding the purchase process;
16-4-3 communication with any supplier with regard to this purchase
16-4-4 any other communication between the AFZ and any other party.
16-5 The supplier accepts and acknowledges:
16-5-1 to take due diligence to ensure that the data and information
contained in the invitation to participate in the purchase process is valid
until the completion of the procedures. The AFZ does not assume
responsibility for the accuracy, adequacy or completeness of such
information and data; and
16-5-2 by issuing an invitation to participate in the purchase process, the
AFZ will not be obliged to accept any response, and reserves the right to
grant a contract for some but not all the requirements or not to grant any
contract at all;
16-5-3 The AFZ does not bear any responsibility for any costs or expenses
incurred by any supplier to respond to any invitation to participate in the
16-6 The supplier acknowledges that the system will not allow to him to
check the identity of other suppliers during the purchase process.
16-9 The words and phrases contained in paragraph 19 shall have the
meanings assigned to them.
17.1 All correspondences exchanged as a result of the use of the system
should be in writing and shall be considered as:
17-1-1 received by the supplier via e-mail to the email address set by the
supplier when registering (or to the latest e-mail address updated after
recording the first two suppliers) or through the messaging service
available in the system; or
17-1-2 received by the Free Zone via email@example.com
or through messages service available in the system.
17-1-3 received by the addressee on the same day on which the sender sent
this e-mail. This shall be subject to:
17-1-3-1 the sender use of the email address registered to the addressee.
17-1-3-2 the addressee, upon receipt of the e-mail, shall send an email
acknowledging receipt to the sender as soon as practicable no later than
17:00 (UAE Time) in the next business day after receiving the e-mail by the
sender. If the sender fails to get this acknowledgment at 17:00 (UAE Time)
in the next business day after receiving e-mail by the addressee, the
sender may send the letter by mail to:
17-1-3-2-1 Supplier, to the postal address / e-mail address set by the
supplier upon registration.
17. The supplier and the AFZ may change their postal address for
notification purposes by giving another prior written notice reasonably
with new information and its effective date in accordance with item 17.
"Auction" means the type of purchase process conducted on
the system where the supplier offers a tender at the same time.
"Confidential Information" means the confidential
information or commercial or financial or marketing, technical or other
information, expertise, trade secrets and other information in any form,
whether disclosed orally or in writing, before or after the date of
acceptance of the supplier and his signature on this document, in addition
to any copies from this information in any form or any of the parties to
"Confidential" means that the information, either in its
entirety or in the precise configuration or collection of its components,
is not available to the public.
"Force Majeure" means any cause affecting the performance
of the system both by the free zone or Tejari Solutions FZ LLC and their
obligations arising from the acts, omissions, events or facts beyond the
reasonable control including (but without limitation of generality thereof)
the government regulations, fire, flood or any other disaster. Any act,
event, omission or occurrence or non-occurrence is a case of force majeure
if it is not due to willful neglect or failure to take reasonable
precautions by the injured party or his agents or his staff or failure of
any of the AFZ or Tejari Solutions FZ LLC to fulfill their obligations
under this document.
"Intellectual Property" means any patent, copyright,
database rights, moral right, design rights (whether registered or
unregistered), trademark, service mark, domain name, experience, service
form, unregistered design or where appropriate, any application for any
such right, other industrial or intellectual property rights.
"Supplier" means any institution commits to using
e-purchase system of the Free Zone and expresses their acceptance and
signature on this document and its contents as to the use requirements.
"Supplier User" means a person who represents the supplier
and who is registered and granted the access to the system.
"System" means the e-purchase system provided for
suppliers to participate in the purchase process.
"Business Day" means 08-00: 17:00 from Sunday to Thursday
in the United Arab Emirates; with the exception of public holidays at the
I, the supplier hereby acknowledge that I have reviewed the above
stipulations contained in this document and I will use the system properly.