Common use of Installation and Commissioning Clause in Contracts

Installation and Commissioning. 9.1 The Customer is responsible for the installation of the Equipment. The installation will be performed by the Customer in accordance with the guidelines and procedures of the Supplier. 9.2 Following installation, if so contractually agreed, the Equipment shall be checked and started up in accordance with the Supplier’s guidelines and procedures (“Commissioning”). Commissioning does not construe responsibility to the Supplier for the defects of the installation performed by the Customer. The Supplier reserves the right to stop, re-start and re-perform the Commissioning. In no case will the Customer commence or carry out the Commissioning without the involvement of the Supplier as contractually agreed. 9.3 If services outside the Supply under the Contract are required, or if the Services supplied under the Contract are performed outside Normal Working Time, the Supplier is entitled to charge the Customer in accordance with the Supplier’s price list in force at the time of their performance. If Commissioning has not started within eighteen (18) months after Delivery due to reasons attributable to the Customer, any claims of the Customer against the Supplier in this respect will be deemed to be waived and absolutely time barred upon the expiry of nineteen (19) months from the date of Delivery. 9.4 The Customer will, at no charge, provide the Supplier with all assistance required, including, but not limited to, the provision of suitable labour, tools, other implements required, adequate hoisting gear including operating staff, scaffolding, as well as cleaning, packing and lubricant materials, health and safety equipment and any consumables required. This also applies to any work carried out in connection with any modifications or technical changes during Delivery, installation or Commissioning of the Equipment. Furthermore, the Customer shall, at no charge, supply heating, lighting, water and electricity connections in sufficient capacity and quantity as well as welding gas and other working requirements. The equipment made available by the Customer will be in full working order and in compliance with relevant health and safety regulations as further set out in the health safety and environment (HSE) matrix attached as an appendix to the Contract, if any. 9.5 On completion of Commissioning, the Supplier will issue a certificate for the completion of commissioning (“Commissioning Certificate”). Such Commissioning Certificate shall be executed by both Parties and constitutes evidence that the Equipment, Services and/or Software is in conformity with the Contract. The issuance of the Commissioning Certificate shall not be delayed or refused due to minor deficiencies not materially affecting the use of the Equipment and/or Software. If the Customer takes, or allows a third party to take, the Equipment and/or Software into commercial use prior to the issuance of the Commissioning Certificate, the Customer is deemed to have waived any warranty claims and the Equipment, Software or Services shall be deemed accepted by the Customer as having being delivered in all respects free of any defects and in full conformity with the Contract.

Installation and Commissioning. 9.1 The Customer Buyer is responsible for the installation of the Equipment. The installation will be performed by the Customer Buyer in accordance with the guidelines and procedures of the Supplier. 9.2 Following installation, if so contractually agreed, the Equipment shall be checked and started up in accordance with the Supplier’s guidelines and procedures (“Commissioning”). Commissioning does not construe responsibility to the Supplier for the defects of the installation performed by the CustomerBuyer. The Supplier reserves the right to stop, re-start and re-perform the Commissioning. In no case will the Customer Buyer commence or carry out the Commissioning without the involvement of the Supplier as contractually agreed. 9.3 If services outside the Supply under the Contract are required, or if the Services supplied under the Contract are performed outside Normal Working Time, the Supplier is entitled to charge the Customer Buyer in accordance with the Supplier’s price list in force at the time of their performance. If Commissioning has not started within eighteen (18) months after Delivery due to reasons attributable to the CustomerBuyer, any claims of the Customer Buyer against the Supplier in this respect will be deemed to be waived and absolutely time barred upon the expiry of nineteen (19) months from the date of Delivery. 9.4 The Customer Buyer will, at no charge, provide the Supplier with all assistance required, including, but not limited to, the provision of suitable labour, tools, other implements required, adequate hoisting gear including operating staff, scaffolding, as well as cleaning, packing and lubricant materials, health and safety equipment and any consumables required. This also applies to any work carried out in connection with any modifications or technical changes during Delivery, installation or Commissioning of the Equipment. Furthermore, the Customer Buyer shall, at no charge, supply heating, lighting, water and electricity connections in sufficient capacity and quantity as well as welding gas and other working requirements. The equipment made available by the Customer Buyer will be in full working order and in compliance with relevant health and safety regulations as further set out in the health safety and environment (HSE) matrix attached as an appendix to the Contract, if anyregulations. 9.5 On completion of Commissioning, the Supplier will issue a certificate for the completion of commissioning (“Commissioning Certificate”). Such Commissioning Certificate shall be executed by both Parties and constitutes evidence that the Equipment, Services and/or Software is in conformity with the Contract. The issuance of the Commissioning Certificate shall not be delayed or refused due to minor deficiencies not materially affecting the use of the Equipment and/or Software. If the Customer Buyer takes, or allows a third party to take, the Equipment and/or Software into commercial use prior to the issuance of the Commissioning Certificate, the Customer Buyer is deemed to have waived any warranty claims and the Equipment, Software or Services shall be deemed accepted by the Customer Buyer as having being delivered in all respects free of any defects and in full conformity with the Contract.