NEFTALY CORPORATE
ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) CONTRACTOR AGREEMENT
Energy Infrastructure Projects
This EPC Contractor Agreement (“Agreement”) is entered into on this ___ day of __________ 20___
BETWEEN
NEFTALY CORPORATE
Pan-African Energy Infrastructure Developer and Authorized Representative for Topak Power Technology
Registered in the Republic of South Africa
(hereinafter referred to as “NEFTALY” or “Project Developer”)
AND
EPC CONTRACTOR
Company Name: ______________________________
Registration Number: ________________________
Country of Registration: _____________________
(hereinafter referred to as “CONTRACTOR”)
The Parties shall collectively be referred to as “the Parties.”
1. PURPOSE
The purpose of this Agreement is to appoint the Contractor to perform Engineering, Procurement and Construction services for energy infrastructure projects developed or managed by Neftaly Corporate.
2. SCOPE OF WORK
The Contractor shall provide turnkey EPC services including:
Engineering
- System design and optimization
- Site assessments
- Technical drawings
- Grid integration studies
Procurement
- Equipment sourcing
- Logistics coordination
- Material supply management
- Quality verification
Construction
- Civil works
- Electrical installation
- Equipment installation
- Testing and commissioning
3. PROJECT TYPES
Projects may include:
- Solar PV plants
- Battery Energy Storage Systems (BESS)
- Hybrid energy systems
- Industrial power infrastructure
- Municipal energy projects
- Microgrid installations
4. CONTRACTOR RESPONSIBILITIES
The Contractor shall:
✅ Deliver projects according to approved specifications
✅ Provide qualified engineering personnel
✅ Maintain project schedules
✅ Ensure quality workmanship
✅ Comply with safety standards
✅ Coordinate subcontractors
✅ Provide commissioning documentation
5. NEFTALY RESPONSIBILITIES
NEFTALY shall:
- Provide project authorization
- Facilitate regulatory approvals
- Coordinate technology supply
- Manage stakeholder engagement
- Monitor project performance
- Certify completion milestones
6. TECHNICAL STANDARDS
All works shall comply with:
- Topak Power Technology specifications
- International engineering standards
- National electrical regulations
- Environmental compliance requirements
- Health & Safety legislation
7. PROJECT MANAGEMENT
The Contractor shall appoint:
- Project Manager
- Site Engineer
- Safety Officer
- Quality Assurance Supervisor
Progress reports submitted monthly.
8. PERFORMANCE GUARANTEES
Contractor shall provide:
- Performance bond (if required)
- Completion guarantees
- Defects liability commitment
- Warranty support for workmanship
9. PROJECT SCHEDULE
Project timelines shall be defined per project under:
Project Implementation Schedule (Schedule A)
Delays must be communicated immediately.
10. PAYMENT TERMS
Payments may be structured as:
- Mobilization payment
- Milestone-based payments
- Commissioning payment
- Retention amount
- Final completion payment
Detailed terms under Schedule B.
11. HEALTH, SAFETY & ENVIRONMENT (HSE)
Contractor shall comply with:
- Occupational Health & Safety laws
- Environmental regulations
- Risk mitigation procedures
- PPE requirements
- Incident reporting protocols
12. QUALITY ASSURANCE
Neftaly reserves the right to:
- Inspect works
- Conduct audits
- Require corrective action
- Suspend unsafe activities
13. WARRANTY & DEFECTS LIABILITY
Contractor shall provide:
- Minimum 12–24 month defects liability period
- Correction of installation defects
- Technical support during warranty period
Manufacturer warranty remains separate.
14. LOCAL CONTENT REQUIREMENTS
Contractor shall prioritize:
- Local labor employment
- Local subcontractors
- Skills transfer initiatives
- Training participation
15. CONFIDENTIALITY
All project information shall remain confidential for 5 years following completion or termination.
16. INSURANCE
Contractor shall maintain:
- Public liability insurance
- Contractor’s all-risk insurance
- Worker compensation insurance
- Professional indemnity cover
17. TERMINATION
Agreement may be terminated upon:
- Material breach
- Failure to perform
- Safety violations
- Insolvency
Notice period: 60–90 days.
18. FORCE MAJEURE
Neither Party liable for delays caused by:
- Natural disasters
- Political instability
- Government restrictions
- Supply chain disruptions
19. DISPUTE RESOLUTION
Disputes resolved through:
- Negotiation
- Mediation
- Arbitration
Venue: Johannesburg, South Africa unless otherwise agreed.
20. GOVERNING LAW
This Agreement shall be governed by:
Laws of the Republic of South Africa
21. COMMUNICATION
Project & Contractor Coordination:
Saki Kweba
EPC & Infrastructure Partnerships
Neftaly Corporate
22. SIGNATURES
FOR NEFTALY CORPORATE
Name: Neftaly Malatjie
Title: Chief Executive Officer
Signature: _______________________
Date: ___________________________
FOR EPC CONTRACTOR
Name: ___________________________
Title: ___________________________
Signature: _______________________
Date: ___________________________