Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be […] (in words : …) months from the date of signing the Agreement by the Parties. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the STS Crane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement is included in Appendix No. 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of STS Crane at the premises of the Contractor or the Manufacturer of STS Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the STS Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the STS Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the STS Crane into operational conditions with dimensions not greater than 100 x 120 meters. The surface shall be provided to the Contractor for the period required to install the STS Crane and to bring it into operational condition but not longer than 110 (one hundred) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing the STS Crane into operational condition the commissioning test of the STS Crane shall be carried out according to the requirements specified in Appendix No. 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the STS Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the STS Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the STS Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the STS Crane under conditions specified in Appendix No. 5 to this Agreement [referred to as the “Test”]. The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the STS Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No. 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No. 5 to the Agreement the Contractor shall provide an experienced STS Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the STS Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the STS Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the STS Crane; provision of the Warranty Bond.
Appears in 1 contract
Samples: Purchase Agreement
Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 (first) RTG Crane: […] (in words : […]) months counted from the date of signing the Agreement by Agreement; with regard to the Parties2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the STS given RTG Crane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No. No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of STS RTG Crane at the premises of the Contractor or the Manufacturer of STS RTG Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the STS each RTG Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the STS RTG Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the STS RTG Crane into operational conditions with dimensions not greater than 100 50 x 120 50 meters. The surface shall be provided to the Contractor for the period required to install the STS RTG Crane and to bring it into operational condition but not longer than 110 60 (one hundredsixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing the STS each RTG Crane into operational condition the commissioning test of the STS given RTG Crane shall be carried out according to the requirements specified in Appendix No. No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the STS RTG Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the STS RTG Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the STS RTG Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the STS RTG Crane under conditions specified in Appendix No. No 5 to this Agreement [Contract (referred to as the “Test”]). The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the STS RTG Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No. No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No. No 5 to the Agreement the Contractor shall provide an experienced STS RTG Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the STS RTG Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the STS RTG Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the STS RTG Crane; provision of the Warranty Bond.
Appears in 1 contract
Samples: Purchase Agreement
Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 (first) RTG Crane: […] (in words : […]) months counted from the date of signing the Agreement by Agreement; with regard to the Parties2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the STS given RTG Crane. The Delivery Date is set for the benefit of the Ordering Partyboth Parties. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No. No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of STS RTG Crane at the premises of the Contractor or the Manufacturer of STS RTG Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the STS each RTG Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the STS RTG Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the STS RTG Crane into operational conditions with dimensions not greater than 100 50 x 120 50 meters. The surface shall be provided to the Contractor for the period required to install the STS RTG Crane and to bring it into operational condition but not longer than 110 60 (one hundredsixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing the STS each RTG Crane into operational condition the commissioning test of the STS given RTG Crane shall be carried out according to the requirements specified in Appendix No. No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the STS RTG Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the STS RTG Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the STS RTG Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the STS RTG Crane under conditions specified in Appendix No. No 5 to this Agreement [Contract (referred to as the “Test”]). The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the STS RTG Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No. No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No. No 5 to the Agreement the Contractor shall provide an experienced STS RTG Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the STS RTG Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the STS RTG Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the STS RTG Crane; provision of the Warranty Bond.
Appears in 1 contract
Samples: Purchase Agreement
Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be […] maximum 18 (in words : …eighteen) months from the date of signing the Agreement by the Parties. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the STS Cranecrane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement is included in Appendix No. No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of STS Crane crane at the premises of the Contractor or the Manufacturer of STS Crane crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the STS Crane crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the STS Crane crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the STS Crane crane into operational conditions with dimensions not greater than 100 x 120 meters. The surface shall be provided to the Contractor for the period required to install the STS Crane crane and to bring it into operational condition but not longer than 110 60 (one hundredsixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing the STS Crane crane into operational condition the commissioning test of the STS Crane crane shall be carried out according to the requirements specified in Appendix No. No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the STS Crane crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the STS Cranecrane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the STS Crane crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the STS Crane crane under conditions specified in Appendix No. No 5 to this Agreement Contract [referred to as the “Test”]. The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the STS Crane crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No. No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No. No 5 to the Agreement the Contractor shall provide an experienced STS Crane crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the STS Crane crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the STS Crane crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the STS Crane; provision of the Warranty Bond.
Appears in 1 contract
Samples: Purchase Agreement