No Legal Relationship
This invitation is not an offer. No legal or other relationship, rights or obligations will arise between the respondent and CSV.
To the extent permitted by law, respondents will have no claim against CSV, arising out of the exercise, or failure to exercise, by CSV, of any powers or discretion in connection with this invitation, including as a result of delays to the selection process.
By submitting an EOI, respondents recognise the commercial-in-confidence nature of all EOI and the information, advice and other material held by CSV in relation to them. The respondent undertakes not to disclose to any person, other than to persons engaged in the preparation of its EOI, any information in respect of its EOI or any information provided to it by CSV, or any other person on behalf of CSV in relation to the project, without the prior written consent of CSV.
No payment will be made by CSV to any respondent for any costs, losses or expenses incurred by the respondent in preparing and submitting its EOI, attending any meetings, providing any further information, or otherwise in connection with its participation in the selection process or with this invitation (including any amendments to it).
CSV makes no warranty or representation and does not assume any duty of care to respondents that the information in this invitation or any other document or information provided by CSV, or any other person on behalf of CSV, is accurate, adequate, suitable or complete, and CSV accepts no responsibility for interpretations placed on the information by respondents. Respondents should submit their EOI based on their own investigations and determinations and should not rely on the information contained in this invitation or such other documents.
By submitting an EOI, the respondent further acknowledges and agrees (without limiting the above) that, in the event it is selected as a short-listed party, it will sign a deed of disclaimer in respect of information documents which have been made available to the respondents.
Amendments and Termination
Without limiting any other rights, CSV reserves the right in its absolute discretion to cancel, amend, vary, supplement or replace this EOI brief by notice in writing to all respondents. CSV will not be liable for any consequential costs and expenses incurred by any respondent arising from any such cancellation, amendment, variation, supplement or replacement.
CSV may in its absolute discretion, modify or terminate the selection process at any time. CSV reserves the right to reject any and all EOIs.
CSV may invite a respondent to submit a design, despite any deficiency in that respondent’s EOI, and irrespective of whether or not deficiencies exist in the EOI of other respondents.
Additional Information and Clarifications
Notwithstanding any other requirements of this invitation, CSV may require respondents to submit additional information.
During the evaluation of any EOI, CSV may seek clarification or improvement of the EOI. Respondents must promptly respond to all requests for clarification or improvement in writing.
CSV may perform such security, probity and financial investigations and procedures as CSV may determine are necessary in relation to any respondent, it’s employees, officers, partners, associates, or related entities including consortium members and their officers and employees. CSV may seek to discuss with referees details of any submission prior to shortlisting the final group.
Retention of EOI
Despite any intellectual property or ownership rights that may apply, CSV will be entitled to retain and/or destroy all EOIs and all correspondence and other materials received from respondents. In addition, the whole or any portions of the EOI may be reproduced for the purposes of evaluation.
Use of EOI
Without prejudice to any other right of CSV under this invitation or at law, CSV may disclose or allow the disclosure of any information contained in or relating to any EOI (at any time) for any of the following purposes:
• Evaluating or clarifying the EOI
• Evaluating any subsequent offer
CSV may rely on information in the EOI
By submitting an EOI, the respondent:
• Warrants to CSV that the information contained in its EOI is accurate and complete as at the date on which it is submitted, and may be relied upon by CSV in determining whether or not to invite the respondent to submit a detailed proposal
• Undertakes to promptly advise CSV if it becomes aware of any change in circumstances which causes the information contained it its EOI to become inaccurate or incomplete in a material aspect
• Acknowledges that CSV will rely on the above warranty and undertaking when evaluating the EOI.
Without limiting the information required in response to the invitation, any collusion between respondents may lead to the exclusion of one or all respondents for the EOI process.
Key personnel identified by the respondent are to be retained on the project unless mutually agreed with CSV.