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Annex no. 2 Tender documentation to the public contractprocurement ‘A device for thin
layer chromatography with flame-ionization detector – TLC/FID’
Contract on supply
Concluded as perunder § 1746 clause 2 and Act No. 89/2012 Coll., Civil Code, as
amended
Contracting parties:
Business company: Unipetrol Centre for Research and Education, a.
s. Head office: Revoluční 84, 400 01 Ústí nad Labem
CRN: Identification number: 62243136
VAT ID: Tax Identification number: CZ62243136
Bank account: Komerční banka Ústí nad Labem
Account No.: 7009-411/0100
Record in Companies Register: District court in Ústí nad Labem, section B, insert
664
Represented by: Ing. František Svoboda, Chairman of the Board
doc. Ing. Jaromír Lederer, CSc., Vice-Chairman of
the Board
Person authorized to act
in technical affairs: Ing. Veronika Vavroušková – Manager of
Infrastructure Projects, e-mail:
veronika.vavrouskova@unicre.cz, tel: 471 122 305
Person for implementation: Ing. Ladislav Kudrlička, Research Employee
e-mail: ladislav.kudrlicka@unicre.cz,
tel: 736 506 280
on one side,
(Furtheras the first contracting party,
(hereinafter referred to as “Client”)
and
Business company / name [TO BE ADDED BY THE
applicantBIDDER]
Identification number/ birth registration no.: [TO BE ADDED BY THE
applicantBIDDER]
Head office/ address: [TO BE ADDED BY THE
applicantBIDDER]
CRN: [to be added by the applicant]
VAT ID: [to be added by the applicant]
Identification number: [TO BE ADDED BY THE BIDDER]
Tax Identification number: [TO BE ADDED BY THE BIDDER]
Bank account: [TO BE ADDED BY THE
applicantBIDDER]
2
Account No.: [TO BE ADDED BY THE
applicantBIDDER]
Record in Companies Register: [TO BE ADDED BY THE
applicantBIDDER]
Represented by:
onas the other sidesecond contracting party
(hereinafter referred to as „the Supplier“)
based on their true and free will, conclude this
Contract on supply
(hereinafter referred to as „AgreementContract“)
PREAMBLE
The contracting parties herewithhereby conclude this Contract in relation to the results
fromof the public contractprocurement proceedings of small scale titled ‘A device for
thin layer chromatography with flame-ionization detector – TLC/FID’ (hereinafter
referred to as ‚Public ContractProcurement‘) where the most beneficialsuitable bid of
Supplier was selected. This Contract defines the scope of fulfilmentconsideration, which
is subject tomatter of the Public ContractProcurement.
The Public ContractProcurement fulfilment as perunder this Contract forms a part of the
project implementation ‘The development of UniCRE centre‘, implemented within the
programprogramme ‘National Sustainability Program I‘ (NPU I) with financial support
from Ministry of Education, Youth, and Sports of the Czech Republic.
I. Subject matter and purpose of the Contract
1. Subject matter of the Contract is a transfer of device ‘A device for thin layer
chromatography with flame-ionization detector – TLC/FID’ for payment, spare parts
and consumables, and accessories which is further detailed in cataloguedata sheets in
annex no.1 hereof, which together forms annex no. 1 of the Contract (hereinafter
referred to as the „Supply“). The fulfilment as perconsideration provided under this
Contract moreover includes the transport of theinstrumentthe device to the placesite
of fulfilmentperformance, its installation, commissioning, servicing activity, and
training of the Client’s employees by the Supplier resulting in the
eligibilityqualification of the Client’s employees to appropriately enjoyuse and
operate the installed Supply. An integral part of thisthe Supply is the delivery of
accessories and consumption material defined in annex no. 2 hereof, completed2 of
the Contract, drafted by the bidderSupplier based on the specifications in the tender
documentation for the contractPublic Procurement, i.e. the Supplier’s bid.
2. The obligation of the Supplier to deliver the Supply also includes:
Issued initial overhaul report
Detailed manual for the instrumentdevice operation in English language.
Conformity declaration and other materials required for the inspection bodies of
the above mentioned device
3
Respective certificates with the authorisation to use the instrumentdevice in the
Czech Republic, i.e. common attests issued by the respective test laboratory in
some of the EU country in Czech language.
One day basic training of the operators immediately after the installation.
Subsequent operator one day training approximately 3-5 months after the Supply
delivery. Accurate deadlineterm will be agreed with the Client. The operators are
the employees of the purchaserClient; at least 2 persons per instrumentdevice.
Installation in UniCRE building in premises Chempark in Litvínov.
Spare parts and consumables additionallyadditional to the specified commonly
supplied material in the respective annex with the instrument device technical
specification.
24-month warranty for the instrument from the bidderdevice
In caseGuaranty of the instrumentSupplier repair in the warranty period, the
warranty period extends for the repair duration period, i.e. the period from the
defect reporting to its removal. If the warranty repair lasts longer than 3 months
or the total period of the instrument repairs in one year is longer than 3 months,
the client may require the supplier to supply a new device, its parts or the
defective unit.
Warranty of the bidder for the provision of spare parts and consumables for 10
years from the first instrumentdevice installation.
Post-warranty service for at least 10 years.
3. The purpose of the Contract is the adjustmentstipulation of rights and obligations of
the contracting parties related to the Supply and the provision of the below defined
services required for the project implementation ‘Development of UniCRE centre’
(see the Preamble hereof).
II. General conditions for the Supply completion
1. The Supplier undertakes to perform the Supply appropriatelyduly and in time, in
compliance with the Contract and the catalogue sheets forming an annex hereto.
2. The Client undertakes to pay the contractual price for the Supply as defined in article
V. hereofof the Contract, and provide the Supplier with required information and
appropriate cooperation for the purpose of the Contract fulfilment of obligations
under the Contract.
3. The Client is entitled to inform the Supplier about its reservations or give the
Supplier detailed instructions for the Supply completion. The Supplier is obligated to
considerfollow Client’s instructions. The Supplier’s duty to perform its contractual
obligations independently with due care and respect themto inform the Client on
ineligibility of its instructions will not be affected by this clause.
4. The Supplier undertakes that the Supply will not suffer from any legal and other
defects. The Supplier shall provide the Client with right to use any copyright
protected part of the Supply in the extent necessary for the purpose of the Contract.
5. The Supplier By signing thisof the Contract the Supplier confirms that all technical
and delivery conditions of the Supply are included in the price calculation, in
4
compliance with this Contract, and the defined matters are sufficient for concluding
this Contract. The Supplier also declares that it is fully acquainted with other
conditions for the fulfilment of obligations resulting from this Contract but, which
are not defined explicitly. The Supplier is entitled In relation with the fulfilment of
the Supply the Supplier is entitled to request instructions from the Client; the Client
is obligedobligated to provide the Supplier with the obligationsinstructions without
delay. The Supplier’s duty to perform its contractual obligations independently with
due care and to inform the Client on ineligibility of its instructions shall not be
affected by this clause.
6. In the performance hereof, The Supplier is obligedobligated to proceedperform its
obligation under the Conrtact with due diligencecare. The Supplier is obliged to
observe theabide by binding legal regulations, directives, and other regulations (in
particular in relation to the principles of cooperation of the companies in Chempark
Záluží.). The rules and regulationsconditions for the entry and movement
in Chempark Záluží are defined in annex no. 3 hereof. Therefore, the Supplier must
is obligated to conclude a separate contract with the Administrator of Chemopark
Záluží an adequate contract to be granted the entry to Chemopark premises . This
applies providing ifprovided that the fulfilment locationsite of performance is
Chempark, see article III. hereofof the Contract.
7. The SuppliersSupplier undertakes that the Supply will fulfil thecomply with
technical parameters defined in annex no. 2 hereofof the Contract.
8. The Supplier is obliged to provide all documents and documentsdocumentation
submitted to the Client as a part of the Supply in Czech language, or in translation to
Czech language.
9. The Supplier is obligedobligated to mark the correspondence and payment records to
be delivered to the Client with the Client’s Contract number and the name of the
Public ContractProcurement. The Client can return the unmarked correspondence
and payment records to the Supplier. Potential related delay is at the expense of The
Supplier shall be held liable for eventual delay related therewith.
10. After the Contract conclusion of the Contract, the SupplierSeller is further
obligedobligated to perform servicing activity in particular based on the
instrumentdevice adjustments upon the request of the purchaserClient and on the
removal of defects caused by the purchaser’s employeeswhich are not subject to the
warranty., including the defects caused by the Client’s employees. This service will
be provided ad hoc based on the requirements – therequests – orders of the
purchaserClient (hereinafter referred to as ‘the servicing activity’). Detailed
description of the servicing activity is specified in Annex no. 4 hereof. In order to
eliminate allof the Contract. For avoidance of any doubts, the contracting parties
herewithhereby declare that the servicing activities represent the activities not
performed by the sellerSupplier for the purchaserClient as warranty activity within
the warranty service for the warranty period free of charge (see article VIII clause 4
hereof).
III. Date and place of delivery
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1. Binding and final deadlineterm for appropriate delivery and installation of the Supply
is within 90 days from the Contract conclusion.
2. Failure to observedeliver and install the deadline for appropriate Supply deliveryin
stipulated term will be considered a serious material breach of the Contract violation
which entitles the Client to immediate withdrawal from the Contract.
3. The fulfilment locationsite of performance of the Contract subject matter, i.e. the
location of supply and installation of the Supply is the existing building no. 2838,
located in the industrial premises Chempark Záluží - Záluží 1, 436 70 Litvínov
(hereinafter referred to only as „Chempark“). Chempark premises are managed by
UNIPETROL RPA s.r.o., IČ Identification number: 275 97 075, with head office in
Litvínov - Záluží 1, Post Code 436 70 (hereinafter referred to as the „Chempark
administrator“).
4. The Supplier will ensure all permissions at its costs, required for the entry of vehicles
and employees in the Chempark premises, including all related matters. at its own
costs. The Client undertakes to cooperate with the Supplier during theon provision of
the required permissions.
IV. HandoverDelivery and acceptancetakeover of the Supply and transfer of the
ownership title
1. The Supplier must handoveris obligated to deliver the Supply to the Client
appropriatelyduly and in time, in compliance with the instructions of the Client and
this Contract, in quality corresponding to the specification of the Supply as per
thisset forth under the Contract, all its annexes and purpose for which the Supply is
provided.
2. In order to eliminate allFor avoidance of any doubts, the contracting parties
statedeclare that the Supply is appropriately handed overdelivered at the moment of
adequatelyduly completed installation of perfectfaultless and complete Supply as per
theaccording to instructions of the Client in the designated location, and after
appropriate training of the Client's employees.
3. The handoverdelivery and acceptancetakeover of the Supply by the contracting
parties is subject to the handoverdelivery protocol in writing which will, amongst
other, contain the explicit confirmation of the Client on the acceptance of the Supply.
4. At the moment of acceptingtakeover of the Supply, the Client receivesacquires the
ownership titles to the Supply and all tangible and intangible outputs directly related
to the Supply.
5. If the Supply indicates any defects, the Client is entitled to refuse the
acceptancetakeover of the Supply.
V. Contractual price for the supply
1. Total price of the Supply, in relation to the fulfimentfulfilment as per art. I. hereof,of
the agreedContract, has been stipulated as maximum price is defined as limit priceat
[TO BE ADDED BY THE BIDDER IN COMPLIANCE WITH THE EVALUATED
6
LIST OF ITEMS] CZK, excluding VAT, or [TO BE ADDED BY THE BIDDER IN
COMPLIANCE WITH THE EVALUATED LIST OF ITEMS] CZK with VAT.
3.2. Detailed breakdown of the Supply price calculation of the Supply is defined in the
evaluated list of items (price sheet) forming annex no. 2 hereof, and it complies with
the evaluated list of items defined by the Supplier in its bid for the Public
ContractProcurement).
5.3. Unless explicitly defined otherwise in the Contract, the Supply price includes all
costs required for appropriatedue fulfilment of the Supplier’s obligation as per
thisunder the Contract, including all services related to the Supply.
VI. Payment Terms
1. The Client will not provide the Supplier with any advance payments.
2. The Supply price as per art. V clauseparagraph 1 hereofof the Contract will be paid
by the Client to the Supplier based on an invoice issued by the Supplier after
appropriatedue Supply acceptance withwithin 21 maturity days after the invoice
acceptancedelivery.
3. The invoice mustwill contain all matters of tax document as per part 5, Act No.
235/2004 Coll., on value added tax and with the Act no. č. 563/1991 Coll., on
Accountancy. It mustwill contain:
Registration number of the Contract
Maturity date
Identification of banking institution and account no. to which the payment is
to be transferred
Public ContractProcurement title
4. If the invoice does not contain the above specified mattersrequirements, the Client is
entitled to return it to the Supplier for correction or completion. In such case the
maturity period stops, and new maturity period as per this Contract starts by
deliveringthe day of delivery of the corrected invoice to the Client.
VII. Materials for the Supply completion
1. The Supplier declares it has all information and materials required for appropriate
completion of the Supply, and it is acquainted with local conditions at site of
performance of the Supply fulfilment location.
.
2. The Supplier undertakes to exercise due diligence to review all materials received
from the Client and/ or the prior to the received before delivery of the Supply in
order to specifyand/or received additionally for the purpose of specification of the
Supply installation with due care, and to notify the Client in writing without undue
7
delay of all potential defects.
3. All materials submitted materials from the Client to the Supplier remain in the
ownership of the Client. The Supplier can use it solely for the purpose of the Supply
performance. Immediately after appropriate provisiondue delivery of the Supply, the
Supplier undertakes to return all materials to the Client.
VIII. Liability for Defects
1. The Supplier undertakes that the Supply will be the 1stof premium quality, i.e. all
properties of the completed Supply will satisfycomply with the defined requirements,
i.e. the utilisation, operation safety, defect-free operation, sustainability, economic
operation, the provision ofmaintainability, cost-efficiency, compliance with
environmental protection, etc. The properties will comply with the valid legal
adjustmentlaws and regulations applicable in the CR,Czech Republic, and with Czech
technical standards acceptingimplementing the European standardsregulation.
3.2. The contracting parties have agreed that the Supplier will provide a
guaranteewarranty for the Supply quality, i.e. the Supplier undertakes and guarantees
that for the duration of the contractual warranty period, the supply will be eligible for
use according to its purpose, and it will maintain the agreed properties and quality as
perstipulated in the Contract and its annexes. The Supplier guarantees that the Supply
will have the properties defined in the technical standards (ČSN) and the regulations
related to the Supply completion (hereinafter only the ‘“quality guarantee’).
warranty”).
5.3. The Supply has defects, i.e. deviations in quality, content, scope, and parameters
incompliant with the conditions defined in the Contract, technical standards, and
generally binding regulations, if the Supply completion does not comply with the
requirements defined in the Contract and other documentation related to the design.
its completion. The Supplier is responsibleliable for the defects of the Supply at the
time of handing overdelivery, and the defects occurred during the warranty period.
During the warranty period, the Supplier is not responsibleliable for the defects
occurred due to incompliance or violation with the submitted regulations for the
operation and maintenance of the device by the Client. The Supplier shall be held
liable for defects that occur after the warranty period if those prove tothe defects have
been caused by breaching of the Supplier's obligations.
7.4.The Supplier provides 24 months warranty period for the Supply including all related
activities. All thethese activities are provided free of charge by the sellerSupplier for
the warranty period duration (hereinafter only the ‘warranty activities’). The scope
and description of the warranty activities is specified in annex no. 4 hereof – the
description of the servicing activities. The provision of warranty activities by the
sellerSupplier does not affect the right of the purchaserClient to providerequest
servicing activity as per article II. clause 10 of this Contract. The warranty period
commences on the date following the delivery and acceptance of the respective
8
consideration. In case of the device repair in the warranty period, the warranty period
extends for the repair duration period, i.e. the period from the defect reporting to its
removal. handover and acceptance. The warranty period is extended by the period
when the Client cannot use the Supply due to the defects. If the warranty repair lasts
longer than 3 months or the total period of the device repairs in one year is longer
than 3 months, the Client is entitled to demand from the Supplier to supply Client
with a new device, its parts or the defective unit.
9.5. The Client will announcenotify the Supplier of the defect by fax, email, by means of
data box or mail. The notification of the defect mustwill contain a brief description
of the defect, its effects, the place, and method causingdescription (if it is known to
the Client) how the defect, and its effects occured.
11.6. If a defect of the Supply occurs during the warranty period on the completed
Supply preventing theits use for common purpose, the Supplier is obliged to
commence works to remove the defects immediately after the notification in writing
from the Client as per article VIII. clause 5 hereof. Unless the contracting parties
agree otherwise, the Supplier is obligedobligated to remove the defect preventing the
use of the Supply for common purpose at the latest within 5 working days from
delivering the notice of a defect.
13.7. If a defect of the Supply occurs during the warranty period on the delivered
Supply not preventing theits use for common purpose, the Supplier is obliged to
commence works to remove the defects after receiving the notification in writing
from the Client as per article VIII. clause 5 hereof. The Supplier is obligedobligated
to remove the defect not preventing the use of the Supply for common purpose at the
latest within 10 working days from delivering the notice of a defect (article VIII
clause 6 hereof)..
15.8. The Client is obliged to enablegrant the Supplier the entry to the premises to
remove the defects, including and allow it to use the connection to the agents.utilities.
In case of any damages during the warranty defect removal, the Supplier is obliged to
fully replacecompensate it, within three days from the enforcement by the Client.
16.9. The Supplier will handoverdeliver the repaired defectdevice to the Supplier
including the recorddelivery protocol. The completed repair, within the contractual
warranty period, is subject to 24 months warranty provided by the Supplier from the
date of its removal and date of handoverdelivery.
18.10. If the Supplier does not commence the defect removal as per the provision of this
article VIII. Contract, the Client is entitled to order the defect removal from another
supplier. The Supplier is then obliged to pay the evidentverifiable costs for the defect
removal, within 14 days from the accounting submissiondelivery of invoice by the
Client.
9
IX. Insurance
1. The Supplier at its costs will ensure the property insurance and damage liability
insurance in relation to the completion of the Supply, and it must be agreed for the
whole fulfilment period until appropriate completion at its costs until the Supply is
duly completed.
2. The Supplier undertakes, prior to the Supply performance, to agreeensure and
maintain the validity of the respective insurance for the defined period; the maximum
insurance fulfilmentpayment limit will comply with the minimum amount of
2,000,000 CZK and the level of the Supplier’s deductibleinsurance participation will
not exceed 10 % of the insurance event value. Failure to fulfil this obligation shall be
considered a seriousmaterial breach of the Contract.
X. Contractual Penalties
1. If the Supplier fails to observemeet the periodterm as per article III, the Client is
entitled to enforce and the Supplier is obligedobligated to pay to the Client a
contractual penalty of 0.2% of the Supply price for each commenced day of the delay.
If the Supplier fails to handoverdeliver the respective Supply within 30 days after the
implementation deadlinecompletion term, the situation shallwill be evaluated as the
Supplier’s inability to provide the Supply in compliance withconsidered a material
breach of the Contract, and the Client is entitled to withdraw from the Contract.
ItThis does not apply in case of force majeure – see chapter XIII.
2. If the Supplier fails to observemeet the deadlineterm for the defect removal as per
article VIII clause 6 or article VIII clause 7, the Client is entitled to account the
penalty at 1000of 1.000 CZK for each commenced day of the delay.
3. The Client undertakes, that in case of delay with the invoice payment issued as
perunder this Contract, it will pay interest on late payment of 0.05 % from the owed
amount defined on the paymentinvoice for each day of the delay.
4. In case the Supplier's violation of regulations causes a penalty to the Client by
external administration or inspection bodies, the Supplier is obligedobligated to pay
the penalty to the Client. Such case shall be considered a seriousmaterial breach of
the Contract.
5. The enforcement of the entitlementSupplier’s claim for the contractual penalty or
payment of the contractual finepenalty does not affect the Client’s right for the
damage compensation of damages caused by the Supplier to the Client by failure to
fulfil the obligations of the Supplier accepted in this stipulated under the Contract or
is bound bythe obligations under applicable law. The Supplier mustundertakes to
pay for the damage compensation using a methodthe damages under terms and
deadline notifiedconditions stated by the Client in written notice in writing.
6. The Contractual penalties and damage compensations will be accounted by
independent payment records. The Supplier is obligedobligated to pay the
contractual penalty or pay the damage compensationdamages within 30 days from
receiving the payment record issued by the Client.
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XI. Confidentiality
1. The Supplier and the Client are obligedobligated to maintain confidentiality on all
matters forming the business secret of the second party, and also other data related to
the second contracting party, which they received in relation with the fulfilment of
this Contract, and also other data the second party indicates as confidential. The
Supplier and the Client mustwill not provide or make the data accessible to other
entities or use it for their own requirements or for other entities (including the family
members and close persons). ItThis does not apply to generally known data.
2. The confidentiality obligation relates to the matters not commonly available in the
respective business circuits, in particular:
• The matters of business nature, in particular information on internal and
economical situation and contractual partners of the second contracting party,
information on services provided or used by the second contracting party,
information on business activities and business methods of the second contracting
party,
• The matters of production nature,
• The matters of technical nature.
3. If the obligation to maintainkeep the business secret and confidentiality is violated, it
includes significant violationconstitutes a material breach of the Contract and the
contractual party which violated the obligation mustwill pay to the second
contractual party a penalty of 50,000 CZK for everyeach case of individual violation
of the confidentiality obligation. The payment of the contractual fine does not affect
or limit the right of the second contracting party for the compensation of damages
occurredsuffered in relation with the definedconfidentiality obligation violation.
XII. Duration of Contract
1. The Contract becomes valid and effective on the day of signature by both contractual
parties.
2. It is possible to withdraw from the Contract due to legalfor the reasons stated by
applicable law and reasons stated by this Contract, in particular in cases of material
breach of the Contract.
3. The Client is also entitled to withdraw from the Contract if the costs defined by the
Contract are defined as ineligible by the Managing Body for the Program of National
Sustainability Program I, or another body, upon finding the matters below:
• The Supplier’s bid processing included the participation of the Client's employees
or the member of the project implementation team or a person who participated in
the preparation or assignment of the tender proceedings;
• The Supplier’s offer was processed in association with the Supplier and the
person employed by the Client or member of the implementation team or person
who contractually participated in the preparation or assignment of the respective
tender proceedings;
11
• Subcontractor for the Contract fulfilment is an employee of the Client, member of
the implementation team or a person who contractually participated in the
preparation or assignment of the respective tender proceedings.
4. The termination of the ClientClient’s or the SupplierSupplier’s existence with the
legal successor does not cause the Contract termination but it passes to the legal
successor.
5. In the case of withdrawal from the Contract, the entitlementsrights of the Client from
the Supply defects remain valid including the damagerights to damages
compensation and the right to payment of contractual finespenalties.
XIII. Force Majeure
1. No contractual party violates the contractual obligations resulting hereofunder the
Contract if such fulfilment is prevented by force majeure occurred after the signature
of the Contract by both contractual parties.
2. Force majeure represents unforeseen exceptional situations, strikes, lockouts, and
other interruptions of industry, acts of public enemy, wars, declared or not, blockades,
riots, demonstrations, epidemics, land slides, earthquakes, storms, lighting, floods,
natural disasters, civil unrests, explosions, and any other unforeseeable events, the
contracting parties cannot affect and which are not manageable despite all care.
3. The contractual party with the rights and obligations affected by force majeure
mustis obligated to take all measures required to remove the inability to fulfil the
obligations under the Contract with minimum delay as per this Contract.
4. The Supplier is not liable for the occurred damagedamages if the failure to fulfil the
obligations resulting hereof is caused by force majeure. . Similarly, the Client is not
responsibleliable for the moratorydefault interest payments if the failure to fulfil the
obligations resulting hereofunder the Contract is caused by force majeure
5. If any of the contracting parties assumes the circumstances of force majeure occurred,
which could affect the fulfilment of the obligations, it mustis obligated to
immediately inform the second contracting parties and define the details on the
nature, probable duration, and probable effect of the circumstances. If the Client
does not issue instructions in writing, the Supplier mustwill continue in the fulfilment
of its obligations in compliance with the Contract, if it can be justly required
considering all circumstances, and it mustis obligated to seek all
alternativesalternative measures for the fulfilment of obligations not prevented by
force majeure. The Supplier mustwill not use alternative toolsmeasures unless
instructed by the Client.
6. If the Contract fulfilment becomes impossible within 2 months fromdue to a force
majeure and it will not be possible to perform obligations under the Contract, the
party suffering the force majeure, will request the second party to adjustmodify the
Contract as regardsin respect with the subject matter, price, and fulfilment
periodperformance term. If the agreement is not reached, the party suffering the force
majeure is entitled to withdraw from the Contract. The effects of The withdrawal will
occurbe effective on the day of delivering the notice delivery.
12
XIV. Final Provisions
1. The Supplier is aware that the provider of the support within the program NPU I is
entitled to perform the inspection of the project goals‘ fulfilment within the project
‘Development of UniCRE Centre' including the inspection of the support use and the
purpose orientation of the project costs utilisation in compliance with the contract on
the support provision for the solution of the research and development project
no.: MSMT-43760/2015, and also financial inspection as perunder § 39 Act no.
218/2000 Coll., on the budget regulations, as amended, and Act no. 320/2001 Coll.,
on financial inspection in public administration, as amended. The Supplier is
obligedobligated to provide full cooperation during the inspection performance by
the support provider and observe all instructions of the provider or the Client in
relation with the inspection, particularly provide access to the workplace, to persons
participating in the Contract implementation, and to all documents, computer records,
and devices forming a part of the Contract fulfilment or related to the Contract. The
Supplier mustis obligated to maintain all documents, computer records, and other
information related to the Contract fulfilment for the period defined by the Czech
Republic legal code and by directly applicable regulations of European Union, at
least for the period of the project implementation and then five (5) years after the
project completion with the planned completion at the latest on 31.12.2020. The
Supplier mustis obligated to contractually ensure that the obligations as perunder this
Contract article mustwill be fulfilled by all potential subcontractors of the Supplier.
In the case of breach of abovementioned Supplier’s obligations the Supplier is
obligated to compensate any damages suffered by the Client as a result of the breach.
3.2. The Supplier During the supplydelivery and installation of the Supply mustthe
Supplier is obligated to observe all legal regulations related to the occupational
health and safety. The Supplier is further obligedobligated to observe all legal
standardsregulations, local regulations and rules related to the workplace, observing
the safety, hygienic, and fire regulations, including the construction site premises
(the supply locationsite of performance and the Supply installation). During the
supplydelivery and installation, the Supplier is obliged observe the regulations
related to work safety, in particular occupational health and safety and the
Government Decree of the Czech Republic no. 591/2006 Coll., on detailed minimum
requirements for occupational health and safety on the construction site. It is also
obligedobligated to observe the safety regulations (work safety, health protection,
fire safety, prevention of serious emergency, transport of hazardous items, security of
the premises), and environmental protection applicable for the premises of Chempark
(annex no. 3).
4.3. The negotiation language for the Contract duration is Czech (Slovak) language,
potentially English language. The language of a specific meeting (including in
writing or e-mail) will be decided by the Client.
4. The Contract and the relationships arising therein will be governed by the laws of the
Czech Republic.
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5. All disputes arising from the Contract or in connection therewith will be finally
decided by Czech courts, in particular with the District Court of Prague 1 in cases
tried before district courts under applicable law or the Municipal Court in Prague in
cases tried before regional courts under applicable law.
6. This Contract can be amended and cancelled only in writing and based on mutual
consent of both the contracting parties. Electronic format is not considered as a form
in writing.
8.7. The presentThis Contract is draftedhas been executed in foureight counterparts
within the validityCzech and English language, out of the original, two forwhich
each contracting party will receive two counterparts in each language. In the event of
any inconsistencies between the provisions of the Czech and English version, the
provisions of the Czech version shall prevail.
9.8. Legal relations resulting hereof and not adjusted by this Contract are subject to Act
no. 89/2012 Coll., civil code, as amended, and Act no. 121/2000 Coll., Act on
copyright, rights related to the copyright, and on change of some acts and other
related legal regulations.
11.9. The following Annexes represent an integral part of the Contract:
Annex no. 1 – Documentation of the supply / Catalogue Sheets of the Supply – to be
added by the applicant- TO BE ADDED BY THE BIDDER
Annex No.2 - List of evaluated items – to be added by the applicant- TO BE
ADDED BY THE BIDDER
Annex no. 3 – OHS and FP regulations and services provided by the administrator in
Chempark
Annex No.4 – Description of the servicing activities provided – to be added by the
applicant- TO BE ADDED BY THE BIDDER
The contracting parties hereby expressly acknowledge that the Contract reflects their true
and free will, in witness whereof they attach their respective signatures hereunto.
In ……………on ……………. date …………… In Litvínov on
…………….…………… date ……………
………………………………
The Supplier The Client
……………………………… ………………………………
14
……………………………… ………………………………
[TO BE ADDED BY THE BIDDER] Ing. František Svoboda
Chairman of the Board of Directors
…………………………………
………………………………
………………………………
[TO BE ADDED BY THE BIDDER] doc. Ing. Jaromír Lederer, CSc.
[TO BE ADDED BY THE BIDDER]
Vice-Chairman of the Board of Directors
Recommended