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.

The Contractor shall carry out any variation work risk has passed to the downloadr shall be at the risk of the caused by changes in laws, regulations and rules referred to downloadr, unless such loss or damage results from the in Clause 18, or in their generally accepted interpretation, Contractor's negligence.

The downloadr 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 downloadr is notice give a date for taking-over tests, giving the downloadr 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 downloadr 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 downloadr 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 downloadr 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 downloadr 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 downloadr 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 downloadr 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. Save as provided in Clause 19, the Contractor shall not be obliged to carry out variations required by the downloadr 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 downloadr. If the will affect the Contract Price, the time for completion and downloadr 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 downloadr 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.

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 downloadr has received a 36, 37 and The Contractor's delay entitles the downloadr 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 downloadr is not entitled to use the Works or any part thereof before taking-over. If the downloadr 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 downloadr's Clause 52, shall start to run.

The downloadr 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 downloadr's failure to issue a certificate shall not affect taking-over The downloadr shall forfeit his right to liquidated according to Clauses 33 and If the Contractor's delay is such that the downloadr 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 downloadr 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 downloadr is responsible, then the downloadr 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 downloadr 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 downloadr thereof In result of the Contractor's delay.

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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 downloadr 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 downloadr shall also have the right to terminate the The Contractor shall be entitled to an extension of the Contract by notice In Writing to the Contractor, if it is clear time for completion if delay occurs : from the circumstances that there will occur a delay in a because of any of the circumstances referred to in completion of the Works which, under Clause 40 would Clause 67, or entitle the downloadr to maximum liquidated damages.

Liquidated damages under Clause 40 and termination - daily travel between lodgings and the Site, if it of the Contract with limited compensation under Clause 41 exceeds half an hour each way and there are no are the only remedies available to the downloadr in case of suitable lodgings closer to the Site, delay on the part of the Contractor. All other claims against - waiting when work is prevented by the Contractor based on such delay shall be excluded, except circumstances for which the Contractor is not where the Contractor has been guilty of Gross Negligence.

Unless otherwise agreed, payment shall be made provision of equipment by him, including where appropriate within 30 days from the date of the invoice as follows: a charge for the use of the Contractor's own heavy equipment.

When erection is to be carried out for a lump sum, the is ready for dispatch from the place of manufacture quoted price shall be deemed to include all the items and mentioned in Clause 44, a through e. If the erection is - the final third on arrival of the Plant at the Site. When erection is carried out on a time basis the Whatever the means of payment used, payment shall following items shall be separately charged : not be deemed to have been effected before the Contractor's a all travelling expenses incurred by the Contractor account has been fully and irrevocably credited.

If the downloadr fails to pay by a stipulated date, the accordance with the specified method and class of travel Contractor shall be entitled to interest from the day on which where these are specified in the Contract.

In our view, goals of the agreement should include removing existing tariffs with current average of 3. The TTIP will be an opportunity to solve this matter which has preoccupied our companies for many years. In September , Orgalime organised a mission in Washington DC with representatives of our member associations representing both technical and political expertise.

The main purpose of this successful mission was to discuss whether there is a momentum at political level that would help further expand the EU-US trade relationship for the benefit of the engineering industries, and what are the goals that can be agreed upon and achieved, whilst at the same time identifying the areas that will be difficult to bridge in the TTIP. Next a decision on how to proceed on issues such as transparency, conformity assessment and standards is expected.

Orgalime will no doubt be working towards a more complete position in what is a highly strategic and therefore sensitive area for our members. The negotiations on the agreement were launched in , taking 4 years to complete. CETA is expected to take about 2 years to be brought into force.

Orgalime SE 01 En

However, it seems that Korea is still trying to introduce new technical requirements that would mean additional procedures for EU companies. Producers of press brakes, bending machines, and plastic processing machines operating in South Korea are faced with new burdensome certification requirements imposed on their products. Korean authorities are not very transparent about the new certification requirements with different sources mentioning different conditions.

Talks on a possible EU-Japan agreement are progressing. Takao Sakamoto to discuss possible areas of cooperation between Orgalime and the Japanese counterpart, as well as the interest of the engineering industry in an FTA with Japan. In November, after issuing a position paper on conflict minerals, Orgalime hosted an evening debate in the European Parliament EP , during which companies had a chance to express their views on the possible introduction of legislation.

We expressed our concerns on certain aspects of the reform, and specifically on the possible elimination of the lesser duty rule, the introduction of the shipping clause, as well as on the expanded competence of the EC to initiate ex-officio antidumping and anti-subsidy cases.

Orgalime SE 01 En

It should be noted that current basic regulations already provide the EC with essential means to ensure transparency, speed and clarity of TDI proceedings. MEPs and a member of the Cabinet of Commissioner De Gucht listened intently and heard that a greater awareness of the problem has already prompted companies of the engineering industry to investigate their supply chains and determine steps to promote socially responsible sourcing of specific minerals.

Company speakers argued that a possible EU initiative should above all be designed with the aim to coordinate already existing measures and to avoid jeopardising the competitiveness of the European manufacturing industry.

In March the EC published its proposal on conflict minerals. The draft law would set up a system for supply chain due diligence self-certification and encompasses the same minerals as its US counterpart law: gold, tungsten, tantalum and tin. The territorial scope of the EU rule extends beyond territory of the Democratic Republic of the Congo, defining it as areas in a state of armed conflict, fragile post-conflict, as well as areas witnessing weak or non-existent governance and security.

We argued that business does not need a new layer of European contract law and that the best the EU could do is to not interfere at all in BB contracts. Meanwhile, through the European Parliament EP hosted hearings and workshops on the issue involving academia, industry, law firms and the EU institutions. It is expected that the Council will go in the same direction.

This involves a huge financial investment such as fees to be paid to each national patent office and high translation costs.

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The overall cost of such a patent is substantially higher than in the US or in China. Following the adoption of the 2 Regulations in December , the Unified Patent Court agreement has to be ratified in each of the participating countries. However, the proposal contains only guidelines that member states will be free to ignore.

It is therefore doubtful that the guidelines will have any effect at all, given the strong domestic resistance from industry. Intellectual Property Rights IPR At the end of , the European Commission EC adopted a proposal for a Directive on the protection of trade secrets and confidential business information from misappropriation and misuse by third parties.

The objective is to harmonise national laws by establishing a common definition and ensuring that in cases of unlawful use or disclosure of a trade secret, a sufficient and comparable level of redress across the EU would be provided. 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. 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. Regardless of the terms of delivery, the downloader shall handle the unloading of the goods at the delivery site and shall provide all the necessary equipment to carry out the unloading. The downloader is obligated to inspect the goods upon receipt and make a complaint to the carrier, if there are any defects or deficiencies.

In case of visible defects or deficiencies, the complaint shall be made immediately to the carrier by written complaint on the delivery note. The complaint must be justifiable and state the character and extent of the defect or deficiency. In case of non-visible defects or deficiencies, the downloader shall make his complaint in writing to the carrier within seven days after receipt.

In any case, Moldow shall be notified regarding the complaint. PRICES Unless otherwise agreed in writing, the prices for the deliveries shall be the prices specified by Moldow at the time of delivery. Moldow shall bear no costs regarding export costs, customs duties, etc. Moldow reserves the right to adjust the agreed price for goods manufactured after the order confirmation has been sent, if any increases in duties, charges or taxes etc.

If payment on delivery has been agreed, the payment shall be made on the agreed delivery date even if delivery is postponed due to the downloader's situation.

General Conditions

If delivery is postponed due to the downloader's situation, the risk shall pass to the downloader upon the agreed delivery date. Clause 4, or if a delay is likely to occur, the downloader shall be informed in writing without undue delay stating the reason for delay and when delivery can be expected.

If the delay is due to force majeure, cf. Clause 17, delay of sub-suppliers, missing payment of the download price or instalments, or any other obstructions for which the downloader is responsible, the time of delivery shall be postponed with as long as appropriate all circumstances considered.

If Moldow is responsible for the delay, the compensation for the downloader's proven loss shall never exceed 0. The compensation shall never exceed 7.

If the maximum amount of compensation is reached, the downloader 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 downloader can cancel the delivery as to the part of delivery that has not yet been delivered. If the downloader 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 downloadER'S DELAY If the downloader cannot take delivery on the agreed delivery date, or if a delay on his part is likely to occur, the downloader shall inform Moldow in writing without undue delay stating the reason for delay and when taking delivery is expected to be possible.All other claims against - waiting when work is prevented by the Contractor based on such delay shall be excluded, except circumstances for which the Contractor is not where the Contractor has been guilty of Gross Negligence.

We support Demand Side Flexibility. Requests for variations shall be submitted to the personnel and his other representatives. The Contractor's delay entitles the downloadr 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.

In case of visible defects or deficiencies, the complaint shall be made immediately to the carrier by written complaint on the delivery note. Save as otherwise stated in these General Conditions If a claim for damage as described in this Clause is there shall be no liability for either party towards the other lodged by a third party against one of the parties, the latter party for loss of production, loss of profit, loss of use, loss party shall forthwith inform the other party thereof In of contracts or for any other consequential or indirect loss Writing.

This applies to any loss the expenses incurred in securing and protecting the Works. Clause 40 and the Works are still not completed, the downloadr may demand In Writing completion within a final reasonable period which shall not be less than one week. The subsector consumer electronics, as for the previous year, was hardest hit. downloadr or anyone for whom he is responsible in connection with performance of the Contract.