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⟦9a62e2769⟧ Wang Wps File
Length: 12430 (0x308e)
Types: Wang Wps File
Notes: kontrakt METRIC
Names: »1679A «
Derivation
└─⟦af82dd301⟧ Bits:30006082 8" Wang WCS floppy, CR 0127A
└─ ⟦this⟧ »1679A «
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C O N T R A C T…01…
…01…between…01…
…01…CHRISTIAN ROVSING A/S…01…Lautrupvang 2…01…2750 Ballerup…01…Denmark…01……01……01…(in the following referred
to as CR)…01…
and…01……01……01…METRIC A/S…01…Skodsborgvej 305…01…2850 N`rum…01……01……01……01…(in the following referred to as ME)…01…
…01…on…01…
…01…the supply on CR by ME…01……01……01…of…01……01……01…OPTIC CABLE
1. L̲I̲S̲T̲ ̲O̲F̲ ̲C̲O̲N̲T̲E̲N̲T̲S̲
2. S̲P̲E̲C̲I̲A̲L̲ ̲P̲R̲O̲V̲I̲S̲I̲O̲N̲S̲
Appendix A SHAPE General Provisions
Appendix B Technical Requirements and Specifications
Appendix C Quality Requirements for Equipment
purchased for the CAMPS Project (CPS/AUX/009,
issue 3, dated 81-07-17)
2. S̲P̲E̲C̲I̲A̲L̲ ̲P̲R̲O̲V̲I̲S̲I̲O̲N̲S̲
C̲l̲a̲u̲s̲e̲ T̲i̲t̲l̲e̲
1 Scope of Contract
2 Applicable Documents and Order of Precedence
3 Performance and Delivery Schedule
4 Prices
5 Payment
6 Delivery, Title, and Delay in Delivery
7 Quality Assurance and Acceptance
8 Warranty and Latent Defects
9 Rights and Indemnities
10 Force Majeure
11 SHAPE General Provisions
12 Original Copies
1̲ ̲ ̲S̲C̲O̲P̲E̲ ̲O̲F̲ ̲C̲O̲N̲T̲R̲A̲C̲T̲
1.1 ME shall deliver 82000 m Galite 5020SD Fiber Optic
Cable based on the terms and conditions found in this
contract.
1.2 The contract shall enter into force upon signature
thereof by both parties.
2̲ ̲ ̲A̲P̲P̲L̲I̲C̲A̲B̲L̲E̲ ̲D̲O̲C̲U̲M̲E̲N̲T̲S̲ ̲A̲N̲D̲ ̲O̲R̲D̲E̲R̲ ̲O̲F̲ ̲P̲R̲E̲C̲E̲D̲E̲N̲C̲E̲
2.1 In the event of an inconsistency between the provisions
of this contract with integral appendices, the inconsistency
shall be resolved by giving precedence in the following
order:
(a) The Special Provisions, Clause 1 through 12
of this contract
(b) Appendix B, Technical Specifications and Requirements
(c) Appendix C, Quality Requirements for Equipment
purchased for the CAMPS project
(d) Appendix A. The SHAPE General Provisions,
Clause 1 through 41
3̲ ̲ ̲P̲E̲R̲F̲O̲R̲M̲A̲N̲C̲E̲ ̲A̲N̲D̲ ̲D̲E̲L̲I̲V̲E̲R̲Y̲ ̲S̲C̲H̲E̲D̲U̲L̲E̲
3.1 E̲X̲P̲O̲R̲T̲ ̲L̲I̲C̲E̲N̲S̲E̲
ME's subcontractor shall apply for Export License and
all other Government approvals necessary for ME to
fulfill its obligations under this contract no later
than two (2) weeks after effective date of contract.
3.1.1 ME shall inform CR of the likely dates for obtaining
such approvals and of any possible delays as soon as
such possible delays have come to the knowledge of
ME's subcontractor.
3.1.2 Failure by ME's subcontractor to obtain such approvals
prior to April 1, 1982 shall give CR the right to cancel
this contract without further notice and free CR of
any liability.
3.2 D̲E̲L̲I̲V̲E̲R̲Y̲ ̲S̲C̲H̲E̲D̲U̲L̲E̲
Minimum 4000 meters per month starting April 1982.
4̲ ̲ ̲P̲R̲I̲C̲E̲S̲
4.1 This contract is a firm fixed price contract. The
total contract price is:
U̲S̲ ̲D̲o̲l̲l̲a̲r̲s̲ ̲3̲7̲4̲.̲7̲4̲0̲
4.2 The following price break-down applies:
82000 meters Optic Cable at a net price of
US Dollars 4.57 Total 374.740
5̲ ̲ ̲P̲A̲Y̲M̲E̲N̲T̲
5.1 Payment of 100% of the value of each shipment will
be made 14 days from date of receipt, provided an invoice
and a Certificate of Conformance signed and stamped
by an authorized Government Inspector have been airmailed
to CR no later than 5 days after the date of shipment.
6̲ ̲ ̲D̲E̲L̲I̲V̲E̲R̲Y̲,̲ ̲T̲I̲T̲L̲E̲,̲ ̲A̲N̲D̲ ̲D̲E̲L̲A̲Y̲ ̲O̲F̲ ̲D̲E̲L̲I̲V̲E̲R̲Y̲
6.1 Delivery of the Optic Cable covered by this contract
will be made FOB, Wallingford, Connecticut, USA.
6.2 CR will take title to the equipment upon delivery as
defined in para 6.1 above, as well as the risk of loss
of or damage to the equipment shall pass to CR upon
delivery.
6.3 Strict adherence to the delivery schedule is of the
greatest importance to CR. ME undertakes to notify
CR immediately in writing in case a delay of any shipment
date is foreseen by ME and/or ME's subcontractor.
Such notification shall state the reason and the expected
duration of the delay.
The stipulations under this clause shall in no way
prejudice CR's right of termination under the SHAPE
General Provisions in case a delay which in CR's judgement
constitutes a significant risk to the CAMPS program
occurs.
7̲ ̲ ̲Q̲U̲A̲L̲I̲T̲Y̲ ̲A̲S̲S̲U̲R̲A̲N̲C̲E̲ ̲A̲N̲D̲ ̲A̲C̲C̲E̲P̲T̲A̲N̲C̲E̲
7.1 Government inspection will be performed in Denmark
when the equipment has arrived. The inspection will
be performed by the local Government Representative.
7.2 Equipment and services delivered under this contract
will be in compliance with Appendices B and C to this
contract.
7.3 CR's acceptance of the deliverables will take place
after the deliverable has passed incoming inspection
at CR's facility. Incoming inspection will take place
within one month after shipment.
8̲ ̲ ̲W̲A̲R̲R̲A̲N̲T̲Y̲ ̲A̲N̲D̲ ̲L̲A̲T̲E̲N̲T̲ ̲D̲E̲F̲E̲C̲T̲S̲
8.1 ME warrants that all deliverables under this contract
will be free from faults and deficiencies which are
due to defects in material, faulty workmanship, or
errors in design or assembly.
8.2 The warranty for any one unit will take effect on the
day of CR acceptance, ref. para 7.3 above, and remain
in force for 12 months thereafter.
8.3 Despite the above, the warranty period for any one
unit will not expire until all failures have been properly
corrected, provided the failures have been reported
to ME no later than 30 days after the expiration of
the warranty period.
8.4 Throughout the warranty period ME undertakes to carry
out replacements necessitated by faults or defects
in the delivered equipment, ref. para 8.1 above.
8.5 Return of cable submitted to ME for replacement will
be of no cost to CR.
8.6 ME warrants to replace at no cost to CR the cable,
needed to correct any design or material defect discovered
during a period of three years commencing on date of
first shipment. For purposes of this subclause a design
or material defect shall be defined as a defect already
existing at the time of shipment and/or a defect which
could not be discovered by the time of shipment but
at a later point of time causes the deliverables to
malfunction or not to meet agreed specifications.
9̲ ̲ ̲R̲I̲G̲H̲T̲S̲ ̲A̲N̲D̲ ̲I̲N̲D̲E̲M̲N̲I̲T̲I̲E̲S̲
9.1 ME undertakes to provide CR and CR's customer with
full and unrestricted user rights for use in which
the deliverables were intended, valid for all deliverables
in all NATO countries.
9.2 ME shall indemnify CR and CR's customer against all
actions, proceedings, costs, claims, damages, and expenses
which CR or CR's customer may suffer or incur arising
out of any claims by third parties that the deliverables
or the use thereof constitute an infringement of any
letters patent, or registered design, provided that
ME receives prompt written notice of such claims, suit,
or action and opportunity and authority to assume the
sole defence thereof including settlement and appeals,
and receives all information available to CR for such
claim.
Nothing in the foregoing shall be deemed to restrict
the right of ME to modify the deliverables so that
the use thereof does not constitute any such infringement
so long as such modifications do not restrict the use
of deliverables by CR or CR's customer.
1̲0̲ ̲ ̲F̲O̲R̲C̲E̲ ̲M̲A̲J̲E̲U̲R̲E̲
10.1 Neither party shall be liable for failure to fulfil
or perform its obligations and duties under this contract
or in connection therewith, if the failure is caused
directly or indirectly by force majeure, act of God,
fire, flood, explosion, riot, strike, lockout, or other
industrial dispute, civil commotion, war, unforseeable
delay in obtaining materials or by any other cause
beyond the parties' reasonable control, provided that
this clause shall have effect only if the party claiming
to have so suffered shall give to the other party written
notice thereof within 14 days of the occurrence of
any such event(s). If such event(s) continue(s) for
more than an additional 30 days from the end of the
said 14 days, then the order party may at its option,
which shall be exercised by written notice given by
that party to the other within the next following 30
days, treat its obligations and duties under this contract
as suspended until such event(s) have come to an end.
If a force majeure event exceeds 90 days and to a considerable
extent prevents one of the parties from fulfilling
its contractual obligations, and if this situation
si expected to continue, then the other party shall
be entitled to terminate the contract.
10.2 Inability to obtain import or export license shall
not be considered force majeure as described in the
preceding subclause. ME and ME's subcontractor shall
assume sole responsibility for providing export license
from the United States Government.
10.3 CR cannot claim force majeure as reason for not paying
equipment shipped in accordance with the terms and
conditions of the contract.
1̲1̲ ̲ ̲S̲H̲A̲P̲E̲ ̲G̲E̲N̲E̲R̲A̲L̲ ̲P̲R̲O̲V̲I̲S̲I̲O̲N̲S̲
The SHAPE General Provisions attached hereto as Appendix
A shall apply mutatis mutandis to this contract with
the amendments, deletions, and modifications listed
below:
C̲l̲a̲u̲s̲e̲ ̲1̲7̲,̲ ̲D̲i̲s̲p̲u̲t̲e̲s̲:
Delete and replace by:
The parties agree that any dispute arising out of this
contract shall be settled through negotiations in good
faith. If such negotiations fail to lead to settlement,
the parties agree to submit the dispute to a board
of arbitrators for final decision. Each party shall,
within 30 days after the other party has requested
him to do so, appoint an arbitrator.
The two arbitrators shall appoint a third member of
the board of arbitrators. If either of the parties
fail to appoint an arbitrator within the time limit
specified above, or if the two arbitrators fail to
appoint a third arbitrator, the president of the Maritime
and Commercial Court of Copenhagen will undertake the
appointment.
This contract and the arbitration shall be governed
by Danish Law and the arbitration shall take place
in Copenhagen, Denmark.
C̲l̲a̲u̲s̲e̲ ̲2̲3̲,̲ ̲I̲n̲v̲o̲i̲c̲e̲s̲:̲
In subclause b) delete SHAPE's address and insert
Christian Rovsing A/S
2, Lautrupvang
DK-2750 Ballerup
Denmark
C̲l̲a̲u̲s̲e̲ ̲3̲1̲,̲ ̲O̲r̲d̲e̲r̲ ̲o̲f̲ ̲P̲r̲e̲c̲e̲d̲e̲n̲c̲e̲:̲
Deleted in its entirety.
C̲l̲a̲u̲s̲e̲ ̲3̲9̲,̲ ̲A̲p̲p̲l̲i̲c̲a̲b̲l̲e̲ ̲L̲a̲w̲:̲
Deleted in its entirety.
C̲l̲a̲u̲s̲e̲ ̲4̲1̲,̲ ̲P̲a̲y̲m̲e̲n̲t̲s̲:̲
Deleted in its entirety.
1̲2̲ ̲ ̲O̲R̲I̲G̲I̲N̲A̲L̲ ̲C̲O̲P̲I̲E̲S̲
This contract with integral appendices "A", "B", and
is signed by both parties and is issued in two original
copies of which one is left with ME and one with CR.
Date:
̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲
Christian Rovsing A/S METRIC A/S
Witness: Witness:
̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲
̲ ̲ ̲ ̲ ̲ ̲ ̲
A P P E N D I X A…01…************************
A P P E N D I X B…01…************************
T̲E̲C̲H̲N̲I̲C̲A̲L̲ ̲R̲E̲Q̲U̲I̲R̲E̲M̲E̲N̲T̲S̲
1. The fiber optic cable shall be of the type Galite 5020
SD.
2. Each inner cable shall contain the prin "SWD 0205"
3. The text "CHRISTIAN ROVSING A/S, DENMARK" shall be
printed on the jacket at approximately one meter intervals.
4. The outer jacket shall be white.
5. The reels shall be approximately 1000 meter each.
A P P E N D I X C…01…**************************
