General Conditions for Information Technology Contracts

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 11 of 52Contractor, when obtaining quotation for spare parts, shall obtain for the Companythe right to purchase in its own name all or any of the listed spare parts direct fromthe Vendor, on a Cost, Insurance, Freight (“CIF”) Kuwaiti port basis, utilising thesame FOB price basis referred to above. FOB and CIF shall have the meaningsascribed to them in the Incoterms published by the International Chamber ofCommerce in its edition current on the bid closing date.13.9.4 The Contractor, for each item of equipment, shall also supply a comprehensive list ofspares, complete with relevant drawings and the Vendor’s comprehensive spare partsmanual for that equipment, to enable the Company to ascertain or verify its spareparts requirements.13.9.5 The Company shall have the option to instruct the Contractor to procure the spareparts within the one (1) year period referred to in clause 13.9.3 which shall besupplied and delivered in the Company’s warehouse prior to issuing of the Certificateof Completion specified in the Contract Specification related to the expiry of theDefects Liability Period (or related to the expiry of the Warranty Period as the casemay be) at the prices stated in the spare parts list and the Company shall be given thebenefit of any manufacturer or supplier discount received by the Contractor.13.9.6 The Contractor shall ensure that all spare parts shall be properly packed and protectedand shall be marked, tagged as appropriate, and accompanied by such documentationas the Company specifies for ease of post-delivery administration, which shallinclude a detailed packing list for each consignment.13.9.7 The Contractor shall submit to the Company a statement from the Vendor ofequipment that they shall notify the Company of any cessation of production of thesupplied equipment within a period of ten (10) years from the date of the appropriatepurchase order, thereby enabling the Company to purchase spare parts for suchequipment as required. Such notification shall take place one (1) year before theactual cessation of availability of spare parts.14. MATERIAL SUPPLIED BY THE COMPANY14.1 The Contractor, where the Company is responsible for supplying any material forincorporation into the Services, shall from time to time, as and when such material is required,complete the necessary requisition form as provided by the Company, which shall bechecked, registered and countersigned by the Superintendent’s Representative beforepresentation to the Company for issue of such material. The Contractor shall requisition suchmaterial at the earliest practicable opportunity after Date for Commencement and in all casesshall be responsible for giving adequate notice to the Company of its material requirements.14.2 The Company issued quantities of material shall be inclusive of a reasonable waste content. Inthe event that the Contractor requires additional quantities of such material due to excessivewastage resulting from bad workmanship, loss or damage, the Contractor shall be responsiblefor obtaining such additional material and for any delay arising therefrom in the performanceof the Services. In the event the Company supplies additional material under this clause, theCompany shall debit the Contractors account with the full replacement cost to the Companyand a ten per cent (10%) administration surcharge as liquidated damages.March 2011
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 12 of 5214.3 The Contractor shall carry out all normal preparation of all material supplied by the Companyprior to their incorporation into the Services, the cost of which shall be deemed included inthe Contract Price. In the event that such material at the time of issue by the Company cannotby reason of their condition be incorporated into the Services until abnormal modifications,straightening or cleaning have been carried out, the Contractor shall immediately notify suchcondition to the Superintendent or the Superintendent’s Representative who shall authorisesuch remedial work as he may consider necessary to be carried out at the expense of theCompany. This shall in no way relieve the Contractor of its responsibilities under clause 15.The Company shall be liable for any Defect not apparent from the visual inspection.14.4 The Contractor shall provide all labour, transportation and equipment (except as stated inclause 14.5), carriage necessary to ensure all material or equipment supplied by the Companyfor incorporation into the Services are collected by the Contractor from the Company’swarehouse and/or workshops, loaded, transported to, and off-loaded at the Site, the cost ofwhich shall be deemed included in the Contract Price.14.5 The Company shall provide at all reasonable times all available cranes to facilitate loadingand offloading all material or equipment being collected or delivered by the Contractor at theCompany’s warehouse and/or workshops.14.6 The Contractor shall promptly return to the place of issue or as otherwise directed by theSuperintendent all material or equipment supplied or paid for by the Company forincorporation into the Services which are usable, and become surplus to requirements duringthe progress of, or upon completion of the Services,. Prior to its return or delivery suchmaterial or equipment shall be examined and verified by the Company at its warehousereceiving section to judge its authenticity and condition.14.7 The Contractor shall obtain receipts from the Company’s storekeeper at the place of deliveryin respect of all material or equipment returned under this clause 14.15. PROPERTY IN MATERIAL AND EQUIPMENTThe Contractor shall not remove from the Site or the storage area referred to in clause 18.4any material and equipment supplied for the Services and paid for by the Company nor anysurplus material and equipment not incorporated into the Services without the prior consent ofthe Superintendent or of the Superintendent’s Representative, and such material andequipment shall remain the property of the Company and shall be handled, transported anddelivered by the Contractor as directed by the Superintendent or the Superintendent’sRepresentative (the cost of which shall be deemed included in the Contract Price). TheContractor shall promptly replace at its expense any such material or equipment which is lost,stolen or damaged from any cause whatsoever during the Contract Period.16. CONTRACTOR’S REPRESENTATIVE16.1 The Contractor, before the commencement of the Services, shall notify the Company of thename of the person nominated as its representative and ensure that such representative isconstantly present during the performance of the Services. The Contractor’s Representativeshall be responsible for managing the Contractor’s personnel, and for supervision of theServices, and shall receive on behalf of the Contractor notices, directives and instructionsfrom the Superintendent or (subject to clause 11) the Superintendent’s Representative. TheContractor’s Representative shall have the authority to act on the Contractor’s behalf. TheMarch 2011
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General Conditions for Information Technology Contracts

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