Equipment Acceptance Certificate - DOC - DOC by jbg57994

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									                                                 SPECIAL CONDITIONS

CONTENTS
These conditions amplify and supplement, if necessary, the General Conditions governing
the contract. Unless the Special Conditions provide otherwise, those General Conditions
remain fully applicable. The numbering of the Articles of the Special Conditions is not
consecutive but follows the numbering of the Articles of the General Conditions (GC). In
exceptional cases, and with the authorisation of the competent Commission departments,
other clauses may be introduced to cover specific situations.


Article 2        Law applicable....................................................................................................... 2
Article 4        Communications ................................................................................................... 2
Article 10 Origin ..................................................................................................................... 2
Article 11 Performance guarantee ........................................................................................ 2
Article 13 Performance programme (timetable) ................................................................... 2
Article 18 Commencement order .......................................................................................... 2
Article 19 Period of Execution .............................................................................................. 3
Article 22 Variations............................................................................................................... 3
Article 26 Methods of payment ............................................................................................. 3
Article 29 Delivery .................................................................................................................. 3
Article 32 Warranty ................................................................................................................ 3
Article 33 After-sales service ................................................................................................ 3
Article 41 Dispute settlement by litigation ........................................................................... 4




BG 2003/005 – 632.03
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Article 2          Law applicable
2.1    Bulgarian law shall apply in all matters not covered by the provisions of the contract.
2.2    The language used shall be English.

Article 4          Communications
Any written communication relating to this Contract shall be sent to the following addresses:
             For the Contracting Authority:

             Ministry of Regional Development and Public Works
             Phare Implementing Agency
             17-19 “Kiril and Methodi” Str., 1202 Sofia, Bulgaria
             e-mail: pharecbc@mrrb.government.bg
             fax: +359 (2) 987 07 37


             For the Contractor:
             …………………………..
             …………………………….
             ……………………………
             …………………………….
Any correspondence exchanged between the Supplier and/or the Beneficiary with other
institutions, companies or persons relating to this Contract shall be copied to the Contracting
Authority.

Article 10         Origin

No derogation from the General Conditions is foreseen.
10.3 At least 30 calendar days before applying for Provisional Acceptance the Contractor
shall submit to the Contracting Authority the Certificates of Origin for all the equipment,
issued by the local or foreign Chamber of Commerce.

Article 11         Performance guarantee

The performance guarantee referred to in the General Conditions is set at 10% of the
amount of the contract and must be presented in the form specified in the annex to the
tender dossier.

Article 13         Performance programme (timetable)
Within 15 calendar days of contract signature the Supplier shall submit a detailed programme
for the performance of the contract for the approval of the Contracting Authority specifying
the time limits for performing each one of the activities under the contract (detailed design,
delivery, installation, testing).

Article 18         Commencement order
The contract shall commence on the date following the date of the signature of the contract
by the last party in doing so.




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Article 19        Period of Execution
19.1 The period of execution of the Contract shall be within 2 months from the date
   contract signature including delivery of equipment and commissioning. The Provisional
   Acceptance shall be not later than 1st of April 2006 starting on the commencement date
   as per Article 18 above.

Article 22        Variations

                  Not applicable

Article 26        Methods of payment
26.1 Payments shall be made in Euro. The equivalent in BGN shall be written on the
   invoices as well. Payments will be authorised and made by the Contracting Authority.
26.5 In order to obtain payments, the Contractor must forward to the Contracting Authority:

          a) For the 60% pre-financing, in addition to the payment request,
        - a photocopy of the contract,
        - a photocopy of the original of the performance guarantee,
        - invoice(s) in one original and two copies;

          b) For the 30% installment
        - invoice(s) in one original and two copies;
        - Certificates of Origin for all the equipment in original;
        - Provisional Acceptance Certificate signed by all relevant parties;

          c) For the balance of 10%
        - invoice(s) in one original and two copies;
        - Final Acceptance Certificate signed by all relevant parties.

26.9    Price revision
       The contract does not include a price revision clause.

Article 29        Delivery

29.1 The Contractor shall bear all risks relating to the goods until provisional acceptance at
     destination. The supplies shall be packaged so as to prevent their damage or
     deterioration in transit to their destination.
29.3 The packaging shall remain the property of the Contractor in line with the relevant
     Bulgarian Legislation.

29.6. Price revision
       The contract does not include a price revision clause.


Article 32       Warranty
The Contractor shall warrant that the supplies are new, unused, of the most recent models
and incorporate all recent improvements in design and materials. The Contractor shall further
warrant that none of the supplies have any defect arising from design, materials or
workmanship. This warranty shall remain valid for one year after the provisional acceptance.



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Article 33         After Sales Service
The Contractor shall provide 2-year after-sales. The service period will start after the final
acceptance of the equipment. The after-sales service must include the same items as the
warranty except the free-of-charge replacement of the failed components.

Article 41        Dispute settlement by litigation
Any dispute between the Parties that may arise during the performance of this contract and
that it has not been possible to settle otherwise between the Parties shall be submitted to the
Bulgarian competent court in accordance with the national law of the Contracting Authority.




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