39 Victoria Street
London
SW1H 0EU
www.gov.uk
Gulf Resources Ltd,
109 Greencroft Gardens,
London,
NW6 3PE
By email, with copy by post
29 June 2020
Dear
Termination Notice - Contract with Gulf Resources Ltd (Case 726)
I am writing to give you notice that Department of Health & Social Care (“
DHSC”) is terminating the
contract entered into with Gulf Resources Ltd (“
Gulf”) on 14h April 2020 (the “
Contract”) with
immediate effect on the basis of the following material breaches:
• As part of the due diligence process you provided information (i) purporting to show Gulf’s
relationship to
and
and (ii) representing that Gulf had
suitable arrangements in place with Chinese manufacturers to enable it to source the
Goods. DHSC subsequently requested further evidence of the relationship with
and
and your contract with the Chinese manufacturers, both of
which have not been forthcoming. Gulf warranted the accuracy of all information previously
provided in accordance with Clause 7.1.24 of Schedule 2.
• Further Gulf warranted in Clauses 7.1.25 and 7.1.27 of Schedule 2 that it had the capability
and had undertaken all necessary actions prior to execution to enable performance of the
Contract. Gulf failed to provide an account to which DHSC could make payment and so the
Contract cannot be performed. I note that the
paid to Gulf has since been
returned to DHSC.
The terms of the Contract stated that the first shipment was to arrive 10 days after a confirmed
purchase order. Your invoice, number
dated
confirms this. To-date, no
Goods have been received. I note that there is now insufficient time remaining on the Contract for
the Goods to be shipped and received. This letter constitutes the Department’s Termination Notice
for the purposes of Clause 12.4 of Schedule 2 of the Terms and Conditions applicable to the
Contract and, accordingly, all obligations between us arising from the Contract or otherwise will
immediately cease.
Yours sincerely,
Edward James
Deputy Director, Head of Procurement
Department of Health & Social Care