Common use of ASSEMBLY AND INSTALLATION Clause in Contracts

ASSEMBLY AND INSTALLATION. 7.1 Unless otherwise agreed in writing, assembly/installation shall be subject to the following provisions, Customer shall provide at its own expense: 7.1.1 all earth and construction work and other ancillary work outside the scope of the work agreed to be performed by the Company, including the necessary skilled and unskilled labor, construction materials and tools; 7.1.2 the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other devices as well as fuels and lubricants; 7.1.3 energy, water and other utilities at the point of use including connections, heating and lighting; 7.1.4 suitable dry and lockable rooms of sufficient size adjacent to the site for the storage of machine parts, apparatus, materials, tools, etc. and adequate working and recreation rooms for the assembly and installation personnel, including sanitary facilities as are appropriate in the specific circumstances; 7.1.5 all measures reasonably appropriate for the protection of ▇▇▇▇▇▇▇▇’s own possessions and to protect the possessions of the Company and of the assembly and installation personnel at the site; and 7.1.6 protective clothing and protective devices needed due to particular conditions prevailing on the specific site. 7.2 Before the assembly/installation starts, Customer shall make available of its own accord architectural drawings and plans, as well as any other information or makings required concerning the location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data. 7.3 Prior to assembly or installation, the materials and equipment necessary for the work to start must be available on the site of assembly/installation and any preparatory work must have advanced to such a degree that assembly/installation can be started as agreed and carried out without interruption. Access roads and the assembly/installation site itself must be level and clear. 7.4 The Company shall make its own employees available to provide on-site installation assistance. Notwithstanding the foregoing, the Company shall not be responsible for the means, methods, techniques or procedures of installation selected by Customer or any failure of installation personnel to perform the assembly or installation in accordance with the applicable assembly instructions or Customer’s instructions. Except to the extent that the Company’s employees actually perform the assembly or installation, the Company is in no manner a guarantor or warrantor of performance or workmanship of the installation personnel with regard to the assembly or installation or any work thereon; provided that if the Company’s employees actually perform the assembly or installation, such assembly or installation shall be performed in a good and workmanlike manner. 7.5 If assembly, installation or commissioning is delayed due to circumstances for which the Company is not responsible, Customer shall bear the reasonable costs incurred for idle times and any additional traveling of the Company’s or installation personnel. 7.6 Customer shall attest to the hours worked by assembly and installation personnel at weekly intervals and Customer shall confirm in writing if assembly, installation or commissioning has been completed.

ASSEMBLY AND INSTALLATION. 7.1 Unless otherwise agreed in writing, assembly/installation shall be subject to the following provisions, Customer shall provide at its own expense: 7.1.1 all earth and construction work and other ancillary work outside the scope of the work agreed to be performed by the Company, including the necessary skilled and unskilled labor, construction materials and tools; 7.1.2 the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other devices as well as fuels and lubricants; 7.1.3 energy, water and other utilities at the point of use including connections, heating and lighting; 7.1.4 suitable dry and lockable rooms of sufficient size adjacent to the site for the storage of machine parts, apparatus, materials, tools, etc. and adequate working and recreation rooms for the assembly and installation personnel, including sanitary facilities as are appropriate in the specific circumstances; 7.1.5 all measures reasonably appropriate for the protection of ▇▇▇▇▇▇▇▇Customer’s own possessions and to protect the possessions of the Company and of the assembly and installation personnel at the site; and 7.1.6 protective clothing and protective devices needed due to particular conditions prevailing on the specific site. 7.2 Before the assembly/installation starts, Customer shall make available of its own accord architectural drawings and plans, as well as any other information or makings required concerning the location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data. 7.3 Prior to assembly or installation, the materials and equipment necessary for the work to start must be available on the site of assembly/installation and any preparatory work must have advanced to such a degree that assembly/installation can be started as agreed and carried out without interruption. Access roads and the assembly/installation site itself must be level and clear. 7.4 The Company shall make its own employees available to provide on-site installation assistance. Notwithstanding the foregoing, the Company shall not be responsible for the means, methods, techniques or procedures of installation selected by Customer or any failure of installation personnel to perform the assembly or installation in accordance with the applicable assembly instructions or Customer’s instructions. Except to the extent that the Company’s employees actually perform the assembly or installation, the Company is in no manner a guarantor or warrantor of performance or workmanship of the installation personnel with regard to the assembly or installation or any work thereon; provided that if the Company’s employees actually perform the assembly or installation, such assembly or installation shall be performed in a good and workmanlike manner. 7.5 If assembly, installation or commissioning is delayed due to circumstances for which the Company is not responsible, Customer shall bear the reasonable costs incurred for idle times and any additional traveling of the Company’s or installation personnel. 7.6 Customer shall attest to the hours worked by assembly and installation personnel at weekly intervals and Customer shall confirm in writing if assembly, installation or commissioning has been completed.