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Licensed for electronic use by ABB group companies ; Licence N° 11/00/01 ORGALIME. ORGALIME SE GENERAL CONDITIONS FOR THE SUPPLY AND. ORGALIME SE ORGALIME. GENERAL CONDITIONS for the. SUPPLY AND ERECTION OF MECHANICAL, ELECTRICAL AND ELECTRONIC PRODUCTS. Orgalime SE 01 En - Download as PDF File .pdf), Text File .txt) or read online. ref.

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In these General Conditions the following terms shall have the meanings herein assigned to them: "Contract” shall mean the written agreement between the. Extract: Download The General Conditions SI 14 (an update of Orgalime's SE 01 conditions) are intended for deliveries where the obligations of the supplier. Download If these Orgalime's conditions for Supply have been drawn up on the same basic principles as the UN ECE , there are substantial differences.

These General Conditions shall apply when the parties 4. All drawings and technical documents relating to the agree In Writing or otherwise thereto. When the General Works submitted by one party to the other prior or subsequent Conditions apply to a specific contract, modifications of or to the formation of the Contract shall remain the property of deviations from them must be agreed In Writing. In these General Conditions the following terms shall consent of the other party, be used for any other purpose than have the meanings herein assigned to them : that for which they were provided. They may not, without the - "Contract shall mean the written agreement consent of the submitting party, otherwise be used or copied, between the parties concerning performance of the Works, and reproduced, transmitted or communicated to a third party. The Contractor shall, not later than at the date of taking- - "Contract Price" shall mean the payment to be over, provide free of charge information and drawings which made for the Works. If erection is to be carried out on a time are necessary to permit the Purchaser to commission, operate basis and has not been completed, the Contract Price for the and maintain the Works. Such information and drawings shall purposes of Clauses 17, 40, 41 and 47 shall be the price for be supplied in the number of copies agreed upon or at least the Plant with the addition of 10 per cent or of any other one copy of each. The Contractor shall not be obliged to percentage that may have been agreed by the parties. If tests before shipment are provided for in the document signed by the parties, or by letter, fax, electronic Contract they shall, unless otherwise agreed, be carried out mail and by such other means as are agreed by the parties. The Contractor shall notify the Purchaser In Writing of - "Works" shall mean the Plant including the erection these tests in sufficient time to permit the Purchaser to be and other work to be carried out by the Contractor under the represented at the tests. If the Purchaser is not represented, Contract. If the Works according to the Contract shall be taken the test report shall be sent to the Purchaser and shall be over by separate sections intended to be used independently accepted as accurate.

If the maximum amount of compensation is reached, the buyer can, by notifying Moldow in writing, impose a time limit for delivery of not less than 14 days. If this time limit is exceeded, the buyer can cancel the delivery as to the part of delivery that has not yet been delivered. If the buyer cancels the delivery, he shall not be able to claim compensation for the delay but will have the right to claim compensation for his proven losses related to the delay.

Moldow is not liable for any indirect losses.

THE BUYER'S DELAY If the buyer cannot take delivery on the agreed delivery date, or if a delay on his part is likely to occur, the buyer shall inform Moldow in writing without undue delay stating the reason for delay and when taking delivery is expected to be possible.

Moldow shall store the goods properly at the buyer's expense. If requested by the buyer, Moldow shall insure the goods at buyer's expense. Moldow can request the buyer to accept the delivery within a reasonable time. If this request is not met, if not due to force majeure, Moldow can demand default interests, cf. Clause 6, and after giving 1 month's notice in writing terminate the agreement, unless the delay is due to force majeure. If the agreement is terminated, Moldow is entitled to claim compensation for its losses.

The compensation is limited to the purchase price plus storage costs. Moldow shall repair or replace the defective part. Moldow's liability for defects becomes time barred after 1 year from delivery. If a taking-over test has been agreed, the period shall be calculated from the conduct of a satisfying test, unless the buyer prior to the test has started using the goods, in which case the period shall be calculated from such use.

If the goods are used more intensively than agreed or assumed, the period shall be reduced proportionately. Moldow's liability does not include ordinary replacement of ordinary wear and tear, defects caused by material provided by the buyer, or by constructions prescribed or specified by him, or defects caused by wrong operation, inadequate maintenance or incorrect installation or reparation performed by the buyer.

Moldow decides where the repair shall take place. Dismounting and mounting of the defective part shall be performed by the buyer, unless this requires Moldow's expertise.

Moldow shall bear all costs and risks regarding the transportation of the defective part between Moldow and the original delivery site of the defective part.

The Buyer shall comply with Moldow's instructions regarding the mode of transportation. Orgalime is monitoring developments in the field of trade secrets and advocates for EU harmonisation of trade secrets protection. We are currently analysing the text of the proposal and will lead the discussion on the dossier with possible publication of a position paper and meetings with the EC.

The proposal for a Directive will now be discussed by the European Parliament and the Council according to the ordinary legislative procedure. Personal Data Protection obligations and a 24h rule and, in general, the level of bureaucracy possibly introduced with the new Regulation. In response to the above, Orgalime published a position paper commenting on the reform. Orgalime therefore believes that there should be a differentiation in the scope of regulating different stakeholders.

The next steps for both the Regulation and the Directive are for the EU Council of Ministers to formulate a position and for trilateral negotiations between the institutions to begin. This is an issue we will be following for the coming year. The reform included a proposal for a General Data Protection Regulation, followed by a Directive on the protection of individuals with regard to the processing of personal data.

Some of the solutions adopted in the new framework raised concerns among Orgalime members. Horizon aspires to go beyond research, closer to industrial application and closer to market needs. The EC in its review gave a very positive opinion about those PPPs underlining that they have re-engaged the industry in research: this is clearly visible in the FoF PPP where company participation in calls is double that in the traditional FP7 programmes.

Regions are expected to prioritise domains, areas and economic activities for which they already have a competitive advantage or the potential to generate knowledge-driven growth.

However, it needed a revision and an update.

The process was initiated in September with a kick off of a newly established SET Plan Coordination Group chaired by the EC and attended by member state representatives and experts. Orgalime is a member of the group as well. Work is now ongoing on developing a Horizon roadmap for energy-related research. We are continuing work on this in We will be following this closely and deciding in the coming months the level of our involvement in this.

Yet, we expressed our reservations on the methodology proposed by the European Commission EC. We also believe reliable and robust indicators are needed to guide political priority-setting. They can help in identifying those areas of relevance for action, both in terms of costeffectiveness and environmental impact.

Instead of using one lead indicator, though, Orgalime prefers focusing on dashboard indicators. This step should be made before endeavouring to launch on the debate on the setting of targets. Setting a resource productivity target would be a particularly delicate matter.

Our industries cover a wide range of products, technical installations and systems installed in buildings and therefore, Orgalime published a position paper in October asking the EC to avoid overlaps with already existing legislation and to properly involve stakeholders throughout the process. We also support the setting of quality standards for secondary raw materials, the establishment of harmonised treatment standards for priority waste streams and a zero landfill policy.

To ensure consistency for implementation activities, whether for waste policy, product policy, substance policy, energy policy or others, Orgalime has created a new Working Group tackling resource efficiency as a whole. This seems to us the only logical way to proceed. Orgalime stressed its support for the core concepts of the Eco design Directive, but although we identify weaknesses and options for improvement, we hold that they relate to the implementation of Eco design Directive rather than to the framework directive itself.

We do not support adding new products to its scope at this stage, because it would risk upsetting the ongoing implementation for the existing scope and once again impact regulatory stability.

Sales and Delivery Conditions

Concerning the Energy Labelling Directive and its review, we support the instrument as an effective means of improving consumer understanding of the environmental performance of consumer products. Still, a more dynamic system rewarding best performers should be established while ensuring that there is only one energy label per product.

Better alignment with Green Public Procurement and the Ecolabel would be desirable. However, in our view, it is not the best tool to provide the information needed in B2B relationships. On the implementation front, Orgalime supports the holistic approach of the Eco design Directive, which addresses all environmental aspects of energy-related products from a life cycle perspective.

The framework has led to the identification of the most significant parameter s for improvement — usually energy consumption in the use phase.

New parameters were suggested for example material efficiency parameters , but we doubt that they have the same potential for improvement and cost efficiency. In , the implementation progressed with 8 new Eco design and Energy Labelling Directive implementing measures adopted, one voluntary agreement recognised and a further 8 studies launched on new product groups.

The EC also launched the review of the existing implementation measures. Inconsistencies are evident, especially in the areas of restrictions on the use of certain substances in electrical and electronic equipment, REACH authorisations and RoHS exemptions. A common understanding is essential for a successful implementation, application and enforcement of both regulations in environmental and economic terms. Therefore, Orgalime welcomes the initiative of the European Commission EC to work on such a document in We have in the past months published 3 position papers on the subject with our industry partners.

Our industry consistently stresses that the threshold of 0.

Orgalime SE 01 En

The EC shares our point of view and is making efforts to secure a fully harmonised implementation in the internal market, which we welcome. There are several options for managing the risks of hazardous chemicals and choosing the correct measure is crucial. This RoHS methodology, we stress, should be risk based, assess substances and their alternatives from a life cycle perspective and take socio-economic aspects into consideration.

We call for balanced policy ensuring the protection of human health and the environment while providing the necessary framework for enhancing innovation, growth and jobs in Europe. We underpinned the subsequent legislative procedure in the interest of ensuring consistency of this amendment with the WEEE Directive, which already regulates these aspects for the shipment of used electrical and electronic equipment and waste from electrical and electronic equipment.

Europe is limited in its indigenous energy sources and relies heavily on energy imports. Moreover, the International Energy Agency IEA confirms the significant potential of energy efficiency and energy savings as a boost for economic growth.

We therefore welcome that the European Summit in March has decided to put energy efficiency back on the agenda. Binding national minimum corridors for RES and energy efficiency retaining the levels should be set for tracing the way up to and beyond.

This would provide the clear signal for investment into energy efficiency and low carbon technologies, while member states would keep the flexibility to choose the technologies that are best suited for their environment and their energy mix.

We held a workshop within the frame of our general assembly with interventions from the EC and IEA and we promoted these positions with member states and the European Parliament throughout the year.

Also, Orgalime initiated the organisation of an event on this theme during the European Sustainable Energy Week in June , which is supported by several European Sector Organisations. Although, is the year of the completion of the EU Internal Energy Market, a lot still remains to be done.

Orgalime would like to see a fully completed, interconnected, consumer centred future energy market in Europe. We support Demand Side Flexibility.

It offers significant opportunities in terms of realising monetary savings for private and industrial consumers alike, as well as increasing the overall efficiency of the EU energy system. However, several legislative and market barriers still need to be removed. More interconnectivity of electricity and energy systems across national borders is essential to strengthen security of supply and contribute to cost-reflective energy prices.

We are also closely monitoring EU Smart Cities developments. It cannot be overemphasised that if the EU wants to transform its urban areas into cities that reduce their ecological impact, it needs to create the right framework conditions to properly adopt, implement and use smart solutions.

Provided that the Purchaser Contractor shall arrange for storage of the Plant at the has been given notice In Writing in reasonable time, work Purchasers risk. The Contractor shall also, if the Purchaser may be performed outside normal working hours to the so requires, insure the Plant. The erection shall not be carried out in unhealthy or dangerous surroundings. All the e the Purchaser shall reimburse the Contractor for necessary safety and precautionary measures shall have been any costs not covered by Clause 44 or 45, which are taken before erection is started and shall be maintained.

If completion of the Works is prevented by the neighbourhood of the Site and have access to internationally Purchasers default as referred to in Clause 16, and this is acceptable hygiene facilities and medical services. The Contractor shall specify In Writing his requirements concerning such cranes, lifting equipment, The Contractor shall then be entitled to compensation measuring and testing instruments and equipment for for the loss he suffers because of the Purchaser's default.

The Contractor shall ensure that the Works are carried out and are in accordance with any laws, regulations and Any risk of loss or damage to the Works not covered rules which are applicable to the Works. If required by the by the first paragraph of this Clause shall pass to the Contractor, the Purchaser shall provide the relevant Purchaser on taking-over of the Works. Any loss or damage to the Plant and Works after the The Contractor shall carry out any variation work risk has passed to the Purchaser shall be at the risk of the caused by changes in laws, regulations and rules referred to Purchaser, unless such loss or damage results from the in Clause 18, or in their generally accepted interpretation, Contractor's negligence.

The Purchaser shall bear the extra costs and other consequences resulting from such changes, including variation work. If the parties are unable to agree on the extra costs and other consequences of changes in laws, regulations and When erection has been completed taking-over tests rules, referred to in Clause 18, the Contractor shall be shall, unless otherwise agreed, be carried out to determine compensated on a time basis for any variation work until the whether the Works are as required for taking-over according dispute has been settled in accordance with Clause He shall in this Subject to the provisions of Clause 25, the Purchaser is notice give a date for taking-over tests, giving the Purchaser entitled to require variations to the scope, design and sufficient time to prepare for and be represented at these construction of the Works until the Works have been taken tests.

The Contractor may suggest such variations In Writing. The Purchaser shall bear all costs of taking-over tests. The Contractor shall, however, bear all costs relating to his Requests for variations shall be submitted to the personnel and his other representatives.

Contractor In Writing and shall contain an exact description of the variation required. The Purchaser shall provide free of charge any power, lubricants, water, fuel, raw materials and other materials As soon as possible after receipt of a request for a required for the taking-over tests and for final adjustments in variation or after having himself made a proposal for a preparing for these tests. He shall also install free of charge variation, the Contractor shall notify the Purchaser In any equipment and provide any labour or other assistance Writing whether and how the variation can be carried out, necessary for carrying out the taking-over tests.

If, after having been notified in accordance with Clause 27, the Purchaser fails to fulfil his obligations under The Contractor shall also give such notice to the Clause 28 or otherwise prevents the taking-over tests from Purchaser when variations are required as a result of changes being carried out, the tests shall be regarded as having been in laws, regulations and rules referred to in Clause If completion of the Works is delayed as a result of disagreement between the parties on the consequences of The taking-over tests shall be carried out during variations, the Purchaser shall pay any part of the Contract normal working hours.

If the Contract does not specify the Price which would have become due if the Works had not technical requirements, the tests shall be carried out in been delayed.

General Conditions

Save as provided in Clause 19, the Contractor shall not be obliged to carry out variations required by the Purchaser The Contractor shall prepare a test-report of the taking- until either the parties have agreed on how the variations over tests.

This report shall be sent to the Purchaser. If the will affect the Contract Price, the time for completion and Purchaser has not been represented at the taking-over tests other terms of the Contract, or the dispute has been settled in after having been notified in accordance with Clause 27, the accordance with Clause If the taking-over tests show the Works not to be in The risk of loss of or damage to the Plant shall pass to accordance with the Contract, the Contractor shall without the Purchaser in accordance with any agreed trade term, delay remedy the deficiencies.

This shall not apply when Contract. This provision applies regardless of Taking-over of the Works takes place : whether the reason for the delay occurs before or after the a when the taking-over tests have been satisfactorily agreed time for completion.

General terms of sale and delivery

The Contractor is in delay when the Works are not b where the parties have agreed not to carry out completed at the time for completion as defined in Clauses taking-over tests, when the Purchaser has received a 36, 37 and The Contractor's delay entitles the Purchaser Contractor's notice In Writing that the Works have been to liquidated damages from the date on which the Works completed, provided that the Works are as required for should have been completed.

The liquidated damages shall be payable at a rate of Minor deficiencies which do not affect the efficiency 0. The liquidated damages shall not exceed 7. The Purchaser is not entitled to use the Works or any part thereof before taking-over. If the Purchaser does so If only part of the Works is delayed, the liquidated without the Contractor's consent In Writing, he shall be damages shall be calculated on that part of the Contract deemed to have taken over the Works.

The Contractor shall Price, which is attributable to such part of the Works as then be relieved of his duty to carry out taking -over tests. As soon as the Works have been taken over in accordance with Clause 33 or 34, the period, referred to in The liquidated damages become due at the Purchaser's Clause 52, shall start to run. The Purchaser shall, at the request In Writing but not before taking-over or termination Contractor's request In Writing, issue a certificate stipulating of the Contract under Clause The Purchaser's failure to issue a certificate shall not affect taking-over The Purchaser shall forfeit his right to liquidated according to Clauses 33 and If the Contractor's delay is such that the Purchaser has The Works shall be considered as completed when become entitled to the maximum liquidated damages under they are taken over in accordance with Clause 33 or Clause 40 and the Works are still not completed, the Purchaser may demand In Writing completion within a final reasonable period which shall not be less than one week.

If the parties instead of specifying the date for completion, have specified a period of time on the expiry of If the Contractor does not complete the Works within which taking-over shall take place, such period shall start to such final period and this is not due to any circumstance for run as soon as the Contract is entered into, all official which the Purchaser is responsible, then the Purchaser may formalities have been completed, payments due at the by notice In Writing to the Contractor terminate the Contract formation of the Contract have been made, any agreed in respect of such part of the Works which, due to the securities have been given and any other preconditions have Contractor's failure, cannot be used as intended by the been fulfilled.

If the Contractor anticipates that he will not be able to If the Purchaser terminates the Contract he shall be comply with his obligations within the times specified in the entitled to compensation for the loss he has suffered as a Contract, he shall forthwith notify the Purchaser thereof In result of the Contractor's delay. The total compensation, Writing, stating the reason, and, if possible, when including the liquidated damages which are payable under compliance can be expected.

If the Contractor fails to give Clause 40, shall not exceed 15 per cent of that part of the such notice, the Purchaser shall be entitled to compensation Contract Price which is attributable to the part of the Works for any additional costs which he incurs and which he could in respect of which the Contract is terminated.

The Purchaser shall also have the right to terminate the

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