13.07.2015 Views

Tender Dossier - Eulex

Tender Dossier - Eulex

Tender Dossier - Eulex

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

23.6. If the period of suspension exceeds 180 days, and the suspension is not due to the Contractor'sdefault, the Contractor may, by notice to the Project Manager, request to proceed with the supplieswithin 30 days, or terminate the contract.23.7. Where the award procedure or implementation of the contract is vitiated by substantial errors orirregularities or by fraud, the Contracting Authority shall suspend execution of the contract. Wheresuch errors, irregularities or fraud are attributable to the Contractor, the Contracting Authority mayalso refuse to make payments or may recover monies already paid, in proportion to the seriousness ofthe errors, irregularities or fraud. The Contracting Authority may also suspend payments in caseswhere there are suspected or established errors, irregularities or fraud committed by the Contractor inthe performance of another contract funded by the general budget of the European Community or bybudgets managed by it or by EDF, which are likely to affect the performance of the present contract.23.8. The purpose of suspending the contract shall be to verify whether presumed substantial errorsand irregularities or fraud have actually occurred. If they are not confirmed, implementation of thecontract shall resume as soon as possible. A substantial error or irregularity shall be any infringementof a contract or regulatory provision resulting from an act or an omission that causes or might cause aloss to the Community budget or EDFMATERIALS AND WORKMANSHIPArticle 24 - Quality of supplies24.1. The supplies must in all respects satisfy the technical specifications laid down in the contractand conform in all respects to the drawings, surveys, models, samples, patterns and otherrequirements in the contract, which must be held at the disposal of the Contracting Authority or theProject Manager for the purposes of identification throughout the period of execution.24.2. Any preliminary technical acceptance stipulated in the Special Conditions should be the subjectof a request sent by the Contractor to the Project Manager. The request shall specify the materials,items and samples submitted for such acceptance according to the contract and indicate the lotnumber and the place where acceptance is to take place, as appropriate. The materials, items andsamples specified in the request must be certified by the Project Manager as meeting the requirementsfor such acceptance prior to their incorporation in the supplies.24.3. Even if materials or items to be incorporated in the supplies or in the manufacture ofcomponents to be supplied have been technically accepted in this way, they may still be rejected if afurther examination reveals defects or faults, in which case they must immediately be replaced by theContractor. The Contractor may be given the opportunity to repair and make good materials and itemswhich have been rejected, but such materials and items will be accepted for incorporation in thesupplies only if they have been repaired and made good to the satisfaction of the Project Manager.Article 25 - Inspection and testing25.1. The Contractor shall ensure that the supplies are delivered to the place of acceptance in time toallow the Project Manager to proceed with acceptance of the supplies. The Contractor is deemed tohave fully appreciated the difficulties which it might encounter in this respect, and it shall not bepermitted to advance any grounds for delay.25.2. The Project Manager shall be entitled, from time to time, to inspect, examine, measure and testthe components, materials and workmanship, and check the progress of preparation, fabrication ormanufacture of anything being prepared, fabricated or manufactured for delivery under the contract,in order to establish whether the components, materials and workmanship are of the requisite qualityand quantity. This shall take place at the place of manufacture, fabrication, preparation or at the placeof acceptance or at such other places as may be specified in the Special Conditions.34

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!