Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 16 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself Suppliercommitshimselftoachieveperformanceandresultsstipulatedinthe Contract. The performance deadlines may only be extended or reduced through an amendment to achieve performance and results stipulated in the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goods ordered to the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 5 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 5 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or complianceand/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 4 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith requiredunderthe Contractand/oranyapplicablelawsorregulations)associatedtherewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 3 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendationsandotherindicationsnecessaryinorderforthemtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Purchaserwithsufficienttime forreviewandapprovalbythe Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall thatdonotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 3 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused ,recommendations andother indications necessaryin orderforthemtobeused correctly and under andunder the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by Purchaserwithsufficienttime for reviewandapprovalby the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in setin this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 3 contracts
Samples: General Purchase Conditions, General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tare numbers, the contents of the packings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documentswith the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Order number, Purchaser’s reference, terms of delivery;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary to determine the quality of the Goodsandits compliance with regulatory and technical documents, recognized in the Republic of Kazakhstan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
e. Certificate of origin of the Goods duly certified;
f. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union.
g. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 2 contracts
Samples: General Purchase Conditions, General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of one thousand seven hundred Ringgit (1,700 MYR) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. The Goods ordered from the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure all necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of AUD$500 (five hundred) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of one thousand seven hundred Ringgit (1,700 MYR) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. The Goods ordered from the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure all necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.shall
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of AUD$500 (five hundred) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. The Goods ordered from the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure all necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.required information
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.recorded
4.3.4. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tare numbers, the contents of the packings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documentswith the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Order number, Purchaser’s reference, terms of delivery;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary to determine the quality of the Goodsandits compliance with regulatory and technical documents, recognized in the Republic of Azerbaijan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
e. Certificate of origin of the Goods duly certified;
f. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of AUD$500 (five hundred) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. The Goods ordered from the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure all necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused ,recommendations andother indications necessaryin orderforthemtobeused correctly and under andunder the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by Purchaserwithsufficienttime for reviewandapprovalby the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tare numbers, the contents of the packings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documents with the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Ordernumber, Purchaser’s reference, terms of delivery;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todetermine thequality of the Goodsandits compliance with regulatory and technical documents, recognized in the Republic of Azerbaijan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
e. Certificate of origin of the Goods duly certified;
f. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall the requirements set in setin this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.and
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or Services shall be shallbe delivered in a state astate of full completion with the complete completionwiththecomplete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Code- andanysuchotherdocumentsrequiredunderthe Contractand/orapplicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly recommendations and under the other indications necessaryinorderforthemtobe usedcorrectlyandunderthe appropriate safety conditionssafetyconditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by Purchaserwithsufficienttime for reviewandapprovalby the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in setin this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.be
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.the
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself Suppliercommitshimselftoachieveperformanceandresultsstipulatedinthe Contract.The performance deadlines may only be extended or reduced through an amendment to achieve performance and results stipulated in the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused ,recommendations andother indications necessaryin orderforthemtobeused correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme ofdesign, manufactureand delivery as the Purchasermay reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by Purchaserwithsufficienttime forreviewandapprovalby the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties orpenalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall notbe entitled to an adjustmentof the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall the requirements set in setin this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in be
4.3.4. The Goods ordered to the Supplier Quality Manualare intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.44.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situationsituationandthedeadlineforsuchremedy. The Purchaser shall notify the Supplier in writing ThePurchasershallnotifytheSupplierinwriting as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of AUD$500 (five hundred) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications required information concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve the performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or , U.S. Munitions List category (“USML”) or Canada Export and Import Permits Act (“EIPA”) (if applicable) ), export authorizations and licenses, Harmonized Tariff Code - Code- and any such other documents required under the Contract and/or Contractand/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin recommendations and other indications necessary in orderfor themtobeused correctly and under the appropriate theappropriate safety conditions. The Supplier shall also furnish such plan of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval by time for review and approvalby the Customer, in accordancewith accordance with the time-lines timelines agreed between the Purchaser and the CustomerCustomer as reflected in the Specific Purchase Conditions. Where the Documentation provided by the Supplier is not compliant with Purchaser’s the contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred damagesincurred by the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goods are intended to be integrated in complex structures, such as signalling systems, infrastructure, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may thatmay reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in performancedefinedin the Contract. In any event the anyeventthe Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licensesandlicenses, Harmonized Tariff Code - and any such other documents required Code-andanysuch otherdocumentsrequired under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tarenumbers, the contents of thepackings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documentswith the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Order number, Purchaser’s reference, terms of delivery.
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the Border pass document;
e. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todeterminethequalityofthe Goodsanditscompliancewithregulatoryandtechnical documents, recognized in the Republic of Azerbaijan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
f. Certificate of origin of the Goods duly certified;
g. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union;
h. the power of attorney certifying the authority of the person participating in the acceptance-transfer of the Goods.
i. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a ashavinga Non-Conformity as per Conformityasper Article 10 of these General Conditions and may andmay be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goodsorderedtothe Supplier areintended tobe integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensurenecessaryinterfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the themeasuresthatthe Supplier intends to intendsto take to remedy the situationtoremedythesituation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve the performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) ), export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for themtobe used correctly and under the appropriate safety conditions. The Supplier shall also furnish such plan of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval by time for review and approvalby the Customer, in accordancewith accordance with the time-lines timelines agreed between the Purchaser and the CustomerCustomer as reflected in the Specific Purchase Conditions. Where the Documentation provided by the Supplier is not compliant with Purchaser’s the contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred damagesincurred by the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goods are intended to be integrated in complex structures, such as signalling systems, infrastructure, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve the performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or ), U.S. Munitions List category (“USML”) or Canada Export and Import Permits Act (“EIPA”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - Code- and any such other documents required under the Contract and/or Contractand/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin recommendations and other indications necessaryin orderfor themtobeused correctly and under the appropriate theappropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval by time for review and approvalby the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties damages incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagramsand/ortheServicesprovidedarefitfor thepurposes thatmayreasonablybeinferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licensesandlicenses, Harmonized Tariff Code TariffCode - and any such other documents required andanysuchotherdocumentsrequired under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchasermay reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must Suppliermust make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tare numbers, the contents of thepackings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documents with the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unitprice of the Goods, the country of origin, Ordernumber, Purchaser’s reference, terms of delivery.
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the Border pass document;
e. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todeterminethequalityofthe Goodsanditscompliancewithregulatoryandtechnical documents, recognized in the Republic of Azerbaijan (certificate of quality/ technical passportand etc.), andduly certified by the Supplier;
f. Certificate of origin of the Goods duly certified;
g. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union;
h. the power of attorney certifying the authority of the person participating in the acceptance-transfer of the Goods.
i. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance ofwork / provision of services.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a consideredashavinga Non-Conformity as per Article asperArticle 10 of these ofthese General Conditions and may andmay be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goodsorderedtothe Supplierareintendedtobeintegrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”)realizedorbuiltforProjects. TheSupplier shall ensurenecessaryinterfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writinginwriting, the measures that the Supplier intends to take to remedy the situationthemeasuresthatthe Supplierintendstotaketoremedythesituation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion compliance with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (“NCE”) as defined in the Supplier Quality Manual. A lump sum administrative fee of NZD$500 (five hundred) will be applied by the Purchaser for each NCE. This administrative fee shall not be considered as a penalty and represents a reasonable estimate for the administrative fees required to process the NCE; it is not the sole remedy for the Supplier’s default and is without prejudice to any other remedies available to the Purchaser under the Contract or law.
4.3.4. The Goods ordered from the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure all necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain considers that the results of the Services or Goods may not comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.immediately
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods Goods, “Software” (individually and collectively, computer programs and all improvements, Software updates, and enhancements/upgrades thereto and associated Documentation including technical specifications and process flow diagrams) and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licensesandlicenses, Harmonized Tariff Code TariffCode - and any such other documents required andanysuchotherdocumentsrequired under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchasermay reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must Suppliermust make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tare numbers, the contents of thepackings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documents with the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unitprice of the Goods, the country of origin, Ordernumber, Purchaser’s reference, terms of delivery. The invoice of the Supplier of Republic of Kazakhstan shall be issued and executed in accordance with the Tax Code of the Republic of Kazakhstan. The invoice of the suppliers of The Customs Union of the Eurasian Economic Union (hereinafter – EACU) shall contain the Purchaser’s business-identification number;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the Border pass document;
e. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todeterminethequalityofthe Goodsanditscompliancewithregulatoryandtechnical documents, recognized in the Republic of Kazakhstan (certificate ofquality/ technical passportand etc.), andduly certified by the Supplier;
f. Certificate of origin of the Goods duly certified;
g. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union;
h. the power of attorney certifying the authority of the person participating in the acceptance-transfer of the Goods.
i. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance ofwork / provision of services.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a consideredashavinga Non-Conformity as per Article asperArticle 10 of these ofthese General Conditions and may andmay be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goodsorderedtothe Supplierareintendedtobeintegrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”)realizedorbuiltforProjects. TheSupplier shall ensurenecessaryinterfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writinginwriting, the measures that the Supplier intends to take to remedy the situationthemeasuresthatthe Supplierintendstotaketoremedythesituation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may thatmay reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in performancedefinedin the Contract. In any event the anyeventthe Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licensesandlicenses, Harmonized Tariff Code - and any such other documents required Code-andanysuch otherdocumentsrequired under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tarenumbers, the contents of thepackings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documentswith the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Order number, Purchaser’s reference, terms of delivery. The invoice of the Supplier of Republic of Kazakhstan shall be issued and executed in accordance with the Tax Code of the Republic of Kazakhstan. The invoice of the suppliers of The Customs Union of the Eurasian Economic Union (hereinafter – EACU) shall contain the Purchaser’s business-identification number;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the Border pass document;
e. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todeterminethequalityofthe Goodsanditscompliancewithregulatoryandtechnical documents, recognized in the Republic of Kazakhstan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
f. Certificate of origin of the Goods duly certified;
g. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union;
h. the power of attorney certifying the authority of the person participating in the acceptance-transfer of the Goods.
i. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a ashavinga Non-Conformity as per Conformityasper Article 10 of these General Conditions and may andmay be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goodsorderedtothe Supplier areintended tobeintegrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensurenecessaryinterfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the themeasuresthatthe Supplier intends to intendsto take to remedy the situationtoremedythesituation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-non- conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goods ordered to the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.its
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve the performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for themtobe used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval by time for review and approvalby the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties damages incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself Suppliercommitshimselftoachieveperformanceandresultsstipulatedinthe Contract. The performance deadlines may only be extended or reduced through an amendment to achieve performance and results stipulated in the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion compliance with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision.
4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goods ordered to the Supplier are intended to be integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensure necessary interfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may thatmay reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in performancedefinedin the Contract. In any event the anyeventthe Supplier commits himself to achieve performance and results stipulated in the Contract. The performance deadlines may only be extended or reduced through an amendment to the Contract, in accordance with the provisions of Article 5.2.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licensesandlicenses, Harmonized Tariff Code - and any such other documents required Code-andanysuch otherdocumentsrequired under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. The Supplier shall also furnish such programme of design, manufacture and delivery as the Purchaser may reasonably require. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by to the Purchaser as a result of due to the delays or non-compliance and/or delayin Documentation delivered by the Supplier and shall not be entitled to an adjustment of the delivery schedule in case of any revision. Any delivery of Goods shall be accompanied by:
a. the Supplier’s delivery note dated (for each unit of transport and total), bearing references of the Contract and indicating in particular the details of the Goods delivered, number of packing, tarenumbers, the contents of thepackings therein, the number of Goods, their gross and net weight, method of transportation, date of dispatch, as well as identification number of transportation mode (by air freight, by road, by railway or sea freight) where relevant. The Supplier shall provide 3 copies of the list of documentswith the delivery note;
b. the Supplier’s invoice (in 3 copies) dated, indicating a description of the Goods delivered with the terms of payment, quantities delivered, unit price of the Goods, the country of origin, Order number, Purchaser’s reference, terms of delivery. The invoice of the Supplier of Republic of Kazakhstan shall be issued and executed in accordance with the Tax Code of the Republic of Kazakhstan. The invoice of the suppliers of The Customs Union of the Eurasian Economic Union (hereinafter – EACU) shall contain the Purchaser’s business-identification number;
c. the airway bill or Consignmentnote (CMR) in 3 copies;
d. the Border pass document;
e. the originals of documents containing information about the completeness of the Goods, its technical characteristics, operating rules, and other information necessary todeterminethequalityofthe Goodsanditscompliancewithregulatoryandtechnical documents, recognized in the Republic of Kazakhstan (certificate of quality/ technical passport and etc.), and duly certified by the Supplier;
f. Certificate of origin of the Goods duly certified;
g. a copy of certificate of conformity of production of Supplier to international quality standard ISO 9001:2015 (if such exists) or the Single Form of Declarations of Conformity of Goods with the Technical Regulation Requirements of the Customs Union;
h. the power of attorney certifying the authority of the person participating in the acceptance-transfer of the Goods.
i. Act of acceptance of completed works (services rendered) - if the Contract provides for the performance of work / provision of services.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a ashavinga Non-Conformity as per Conformityasper Article 10 of these General Conditions and may andmay be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. The Goodsorderedtothe Supplier areintended tobe integrated in complex structures, such as signalling systems, infrastructures, or vehicles like trains, tramways, or buses (“Equipment”) realized or built for Projects. The Supplier shall ensurenecessaryinterfaces and interoperability with said Equipment.
4.3.5. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.54.3.6. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the themeasuresthatthe Supplier intends to intendsto take to remedy the situationtoremedythesituation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
Appears in 1 contract
Samples: General Purchase Conditions
Goods and Services. 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract.
4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused recommendations and other indications necessary in order for them to be used correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith Purchaser with sufficient timeforreview andapproval time for review and approval by the Customer, in accordancewith accordance with the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay.
4.3.3. Goods or Services that donotmeetall do not meet all the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-non- conformity event (NCE) as defined in the Supplier Quality Manual.
4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- non-compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing.
4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay it may require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.
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Samples: General Purchase Conditions
