General Conditions for Information Technology Contracts

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 35 of 5234.1 The Company is granted perpetual license of the software specified in the TechnicalSpecification and supplied by the Contractor.34.2 The Contractor agrees to maintain compatibility with future releases of the software ascurrently supplied, licensed and installed at the Site.34.3 The software supplied by the Contractor shall be able to handle Kuwaiti currency (KuwaitiDinar) and other currencies without need for any Customisation in the software, and wheresuch Customisation is needed, its cost shall be deemed included in the Contract Price.34.4 Prior to the issuance of the System Installation Certificate, the Contractor shall provide theCompany with a full sets of all relevant documents necessary for the operation of the Systemin hard copy and two copies on compact discs.34.5 The Contractor shall regularly inform the Company of new releases, updates or upgrades ofthe software and shall install such new releases, updates or upgrades. The Contractor shalldeliver to the Company all media and documentation of such releases, updates or upgrades.34.6 The Contractor shall deliver to the Company all relevant technical news bulletins as and whenpublished.35. ACCEPTANCE CRITERIA35.1 Within fifteen (15) days from the Date for Commencement, the Contractor shall, by referenceto clauses 13.8 and 21, submit for the approval of the Company, detailed programme oftesting procedures and Acceptance Criteria based on the hardware and softwaremanufacturer’s specification; the Technical Specification detailed in the relevant appendices;and the applicable international standards.35.2 Acceptance Criteria may be modified, enhanced and further developed by the Contractorduring the course of the Contact in consultation with the Company, prior to the issue of theCertificate of Completion of the relevant Stage.35.3 Failure to comply with clauses 35.1 and 35.2 shall entitle the Company to withhold paymentof the Contract Price and any certified portions thereof.35.4 When the System or the Services or portion of the Services are ready for testing, theContractor shall demonstrate that they operate in accordance with the Acceptance Criteria.36. VARIATIONS36.1 The Superintendent may make any Variation to the Services or any part of the Services thatmay, in his opinion, be necessary and may instruct the Contractor, without limitation, to doany of the following:36.1.1 increase the quantity of any work included in the Contract within such limits as maybe defined by the Company;36.1.2 change the character or quality or kind of any work or the specification of material, orthe design or drawing of any part of the Services;March 2011
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 36 of 5236.1.3 change the levels, lines, position, dimensions of any part of the Services;36.1.4 execute additional work of any kind necessary for the completion of the Services; or36.1.5 decrease or omit part of the Services.36.2 The Company shall issue an Adjustment Order adjusting as applicable, the Contract Price; theContract Period; and any other obligation of the Contractor under the Contract.36.3 Where the proposed Variation is only for adjustments under clause 36.1.5, the AdjustmentOrder may be issued by the Company without the Contractor’s consent or signature.36.4 The Contractor, subject only to the terms of clause 36.7, shall not execute a Variation withoutan Adjustment Order. An Adjustment Order shall in no way affect the rights or obligations ofthe Parties except as expressly provided. All provisions of the Contract shall apply toVariations.36.5 Evaluation of Variations36.5.1 Any adjustment to the Contract Price resulting from a Variation shall be calculated asfollows:a) by evaluating each item of work and its estimated quantity applying the rateor price specified in the Contract for the item;b) where no rate or price is not specified in the Contract, by applying the ratespecified for similar work item, if in the opinion of the Superintendent, the sameis applicable;c) where the Contract does not contain any rate or price as specified in clauses36.5.1 (a and b) shall be derived from reasonable cost of executing the work asappropriate in the circumstance;d) where using the Contract unit rates results in more than one valuation for aVariation, the Superintendent shall have the discretion to select the lowestvaluation. The resultant adjustment to the Contract Price shall be effected by theissue of an Adjustment Order.36.5.2 The Company, where it instructs a Variation under clause 36.1.5, the Contractor shallbe entitled to payment for work begun and executed up to the date of receipt of theCompany’s instructions.36.5.3 The Contractor, pursuant to the Company’s instructions under clause 36.1.5 shall notbe entitled to claim compensation for any work done or expenditure incurred contraryto the Contract or for loss of anticipated profit.36.6 The Superintendent, if in his opinion it is necessary or desirable, may order any work orServices to be carried as a Variation ordered under clause 36 on day work basis. TheContractor shall then be paid for such work or Services under the conditions and at the unitrates included in the Contract or if no rates have been included, at such rates as theSuperintendent shall determine as being reasonable.March 2011
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