General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 23 of 5222. WARRANTIES22.1 The Contractor warrants that:22.1.1 it shall execute the Services in accordance with the Contract and shall comply with theSuperintendent’s instructions and directions on any matter arising out of or in connectionwith the Services;22.1.2 it possesses the specialised knowledge, expertise and experience necessary to enable it tofulfill the requirements of this Contract and to provide the Services efficiently andeffectively, promptly upon demand by the Company in accordance with the requirementsof this Contract;22.1.3 it affirms that the Company relies upon its skill and knowledge in providing the Servicesrequired in the Contract;22.1.4 each member of its personnel shall be sufficiently qualified, skilled, experienced andcompetent to perform satisfactorily and reliably the duties and exercise the degree ofjudgment required to achieve the high standards reasonably expected from the personnelof the Contractor;22.1.5 it shall exercise the degree of professional skill, care and diligence in the performance ofthe Services consistent with the standards of an internationally renowned contractorcarrying out similar services, and possessing the specialised knowledge, expertise andexperience of a contractor who enjoys a high reputation in work in the nature of theServices, and further warrants to perform the Services in accordance with the bestrelevant practices and standards;22.1.6 it shall comply with the direction of the Company, and shall furnish all facilities,equipment, tools, material, resources and personnel as described in more detail in thisContract or as may be inferred for the execution of the Services;22.1.7 the System or the Services shall meet the manufacturers’ specification and the TechnicalSpecification including all quality standards and shall be fit for their intended purpose;and22.1.8 all software and hardware have been thoroughly tested and are stable and that there areno known faults, including compliance with the year 2000 that will complicate orendanger subsequent implementation and use by the Company.23. HEALTH, SAFETY AND ENVIRONMENT23.1 The Company places prime importance on health, safety and environment (“HSE”) issues andrequires that the Contractor adheres and actively pursues the highest standards of HSEperformance.23.2 The Contractor, without prejudice to clause 29, shall be deemed to have acquainted itself andshall comply insofar as applicable with the terms, standards and specification stated inResolution No. 210 for 2001 issued by the Environment Public Authority containing theExecutive Terms of Reference for Law No. 21/1995 amended by Law No. 16/1996.March 2011