99 On 19th November 2012, ZINARA entered into a contract with Univern for the supply of forty (40) motor graders.
100 The agreement between ZINARA and Univern for the supply and delivery of forty (40 motor graders was signed on 19 November 2012. Mr. Frank Chitukutuku the ZINARA CEO signed on behalf of ZINARA, witnessed by Mr. Kaschula and Mr. Kassim. Mr. Kasere signed on behalf of Univern with Mr. P. Murove strangely signing as a witness for Univern.
101 The tender documents issued by the State Procurement Board provided for the following material terms:
102 Contrary to the above ZINARA and Univern signed a contract that in Clause 7(4) provided that 30% of the total purchase price, in the sum of USD $2 412 240 would be paid up front.
103 The Committee was greatly concerned by this agreement. Firstly, the agreement was clearly a variation of the tender conditions set and defined by the SPB. Secondly, it lacked any provisions to protect ZINARA. Missing provisions found in any standard capital expenditure (Capex) agreement included the following:
104 On the contrary, the agreement protected and covered Univern and in fact anticipated Univern’s breach in two material respects. These were:
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