Performance of the Agreement. 4.1 User accepts the assignment subject to the condition that awards required for the work, which client will provide, are granted before commencement of the work activities; 4.2 User will perform the agreement to the best of its knowledge and ability, in accordance with high standards; all this based on the state of the art known at that time; 4.3 If and in so far as proper performance of the agreement so requires, user will have the right to have work activities carried out by third parties; 4.4 If client has reserved delivery of certain materials and/or the performance of certain elements of the works, client will be liable for overdue delivery or overdue performance of same; 4.5 Client will ensure that all information and approvals, stipulated by user as necessary, or of which client should reasonably understand that these are necessary for the performance of the agreement, are submitted to user in time. If the information and approvals required for the performance of the agreement are not submitted to user in time, user will have the right to suspend the agreement and/or charge the additional costs arising from the delay to client against the usual rates; 4.6 User will not be liable for damage of whatever nature as a result from user proceeding from incorrect and/or incomplete information provided by client, unless this incorrectness and/or incompleteness should have been apparent to user; 4.7 If a performance of the agreement in phases is agreed upon, user may suspend performance of elements that belong to a next phase, until client has provided written approval of the results of the preceding phase; 4.8 If the commencement or progress of the work is delayed by factors client is responsible for, the damage and costs arising from this for user must be compensated by client; 4.9 If work activities are carried out by user or by third parties engaged by user in the scope of the assignment at the location of client or at a location designated by client, the latter will provide for the facilities reasonably demanded by these workers at no charge; 4.10 Client ensures that user has access to the following in time: • the building where the work is to be carried out; • sufficient means for supply, storage and/or disposal of materials and resources; • means to connect electrical machinery, lighting, heating, gas, compressed air and water; • schematic drawings of the cables, pipes and mains; • safety measures during work activities at the site. 4.11 The required electricity, gas, water and suchlike are at client’s expense; 4.12 Client will be obliged, without entitlement to compensation, to make storage room for equipment and materials available at the request of user; 4.13 Client indemnifies user from any claims from third parties that incur damage in connection with the performance of the agreement and which damage is attributable to client.
Appears in 1 contract
Sources: General Terms and Conditions
Performance of the Agreement. 4.1 User accepts the assignment subject to the condition that awards required for the work, which client will provide, are granted before commencement of the work activities;
4.2 User 6.1 The Supplier will perform the agreement Agreement to the best of its knowledge and ability, ability and in accordance with high standards; all this based the requirements of good workmanship. Such performance will be delivered on the state basis of the state-of-the-art known at that time;
4.3 If technology and in so far as proper accordance with the requirements and specifications set by Dutch law.
6.2 The Supplier will determine the manner in which the Agreement is performed, to the extent that the parties have not expressly agreed otherwise in writing.
6.3 In the event and to the extent required for a satisfactory performance of the agreement so requiresAgreement, user the Supplier will have the right be entitled to have certain work activities carried out performed by third parties;.
4.4 If client has reserved delivery of certain materials and/or the performance of certain elements of the works, client will be liable for overdue delivery or overdue performance of same;
4.5 6.4 The Client will shall ensure that all information information, documents and approvals, stipulated by user as necessary, materials which the Supplier indicates are necessary or of which client the Client should reasonably understand that these are necessary for the Agreement’s performance of are made available to the agreement, are submitted to user Supplier in good time. If the information and approvals data required for the Agreement’s performance are not made available to the Supplier on time, the Supplier will be entitled to suspend performance of the agreement are not submitted Agreement and/or to user in time, user will have charge the right to suspend the agreement and/or charge Client the additional costs arising from the delay to client against the in accordance with its usual rates;.
4.6 User 6.5 The Supplier will not be liable for damage of whatever any nature as a result from user proceeding from caused by the fact that it has operated on the basis of incorrect and/or or incomplete information data provided by clientthe Client.
6.6 If it has been agreed that the Agreement will be performed in phases, unless this incorrectness and/or incompleteness should have been apparent to user;
4.7 If a the Supplier may suspend its performance of the agreement in phases is agreed upon, user may suspend performance of elements that belong those parts belonging to a next phase, subsequent phase until client the Client has provided written approval of approved the results of the preceding phase;phase in writing.
4.8 If 6.7 No goods supplied shall be re-exported to Cuba, Iran, North Korea, Russia, Russia-occupied territories of Ukraine, Sudan or Syria, nor offered for use in any of these regions. In case of any breach by the commencement or progress Client, the Supplier is entitled to (i) immediately suspend the supply of the work is delayed by factors client is responsible forrelevant goods and/or terminate the Agreement without incurring any damages or penalties, and (ii) inform the damage competent authority in accordance with legal requirements.
6.8 The Client shall indemnify the Supplier against all claims and all direct and indirect damages and costs arising from this for user must be compensated by client;
4.9 If work activities are carried out by user or by third parties engaged by user in the scope of the assignment at the location of client or at a location designated by client, the latter will provide for the facilities reasonably demanded by these workers at no charge;
4.10 Client ensures that user has access to the following in time: • the building where the work is to be carried out; • sufficient means for supply, storage and/or disposal of materials and resources; • means to connect electrical machinery, lighting, heating, gas, compressed air and water; • schematic drawings of the cables, pipes and mains; • safety measures during work activities at the site.
4.11 The required electricity, gas, water and suchlike are at client’s expense;
4.12 Client will be obliged, without entitlement to compensation, to make storage room for equipment and materials available at the request of user;
4.13 Client indemnifies user from any claims from third parties that incur damage in connection with a breach by the performance Client, its legal representatives, employees or other authorised agents of the agreement obligations of these General Terms and which damage is attributable to clientConditions or the Agreement, and shall reimburse the Supplier for all damages and expenses incurred in this connection.
Appears in 1 contract
Sources: General Terms and Conditions
Performance of the Agreement. 4.1 User accepts 4.1. After its formation, the assignment subject Supplier will make every effort to the condition that awards required for the work, which client will provide, are granted before commencement of the work activities;
4.2 User will perform the agreement Agreement to the best of its knowledge ability and abilitywith due care and professional competence.
4.2. Any delivery periods indicated by the Supplier are only indicative in nature, except if and insofar as this is expressly determined otherwise in accordance with high standards; writing.
4.3. The Customer must provide to the Supplier any support that may be required and desirable to enable the correct and timely delivery of the Services. The Customer must in any case provide the Supplier all this based the data and other information that the Supplier indicates are necessary, or that the Customer should reasonably be able to understand are required in the performance of the Agreement. The term within which the Supplier is required to perform the Agreement will not commence until all the data the Supplier has requested and requires have been received.
4.4. The Customer will render the Supplier every reasonable assistance in the performance of the Agreement. The Customer will render employees of the Supplier who are carrying out activities at the Customer's offices or working on the state Customer's systems for the purpose of supplying Services every assistance they require to be able to perform their activities.
4.5. If the art known at Customer knows or can assume that time;the Supplier will need to take additional or other measures in order to comply with its obligations, the Customer will inform the Supplier thereof without delay. This obligation applies, for example, if the Customer knows or should be able to anticipate that the Supplier's systems will be affected by an exceptional peak load, as a result of which there is some degree of probability that Services will become unavailable. Upon receiving warning thereof, the Supplier will make every effort to prevent the Services from becoming unavailable. Unless expressly otherwise agreed in writing, any reasonable additional costs incurred for this purpose will be charged to the Customer.
4.3 4.6. If and in so far as where required for the proper performance of the agreement so requiresAgreement, user will have the right Supplier is authorised to have certain work activities carried out performed by third parties;
4.4 If client . Any unforeseen additional costs relating to the above will only be borne by the Customer if this has reserved delivery been agreed upon in writing, in advance. These General Terms and Conditions also apply to all the work that, within the framework of certain materials and/or the performance of certain elements this Agreement, these parties perform as sub-contractors, with due observance of the worksprovisions of Article 2.5.
4.7. Any changes to the Agreement and any additional work agreed, client whether at the Customer's request or as result of the fact that, due to circumstances of whatever nature, an alternative performance is absolutely required, will be liable for overdue delivery or overdue performance of same;
4.5 Client will ensure that all information and approvals, stipulated by user as necessary, or of which client should reasonably understand that these are necessary for the performance of the agreement, are submitted deemed to user in time. If the information and approvals required for the performance of the agreement are not submitted to user in time, user will have the right to suspend the agreement and/or charge the be contract extras if additional costs arising from the delay to client against the usual rates;
4.6 User will not be liable for damage of whatever nature as a result from user proceeding from incorrect and/or incomplete information provided by clientare involved. Therefore, unless this incorrectness and/or incompleteness should have been apparent to user;
4.7 If a performance of the agreement in phases is agreed upon, user may suspend performance of elements that belong to a next phase, until client has provided written approval of the results of the preceding phase;
4.8 If the commencement or progress of the work is delayed by factors client is responsible for, the damage and costs arising from this for user must be compensated by client;
4.9 If work activities are carried out by user or by third parties engaged by user in the scope of the assignment at the location of client or at a location designated by client, the latter will provide for the facilities reasonably demanded by these workers at no charge;
4.10 Client ensures that user has access subject to the following procedure as laid down in time: • the building where the work is to be carried out; • sufficient means for supply, storage and/or disposal of materials and resources; • means to connect electrical machinery, lighting, heating, gas, compressed air and water; • schematic drawings of the cables, pipes and mains; • safety measures during work activities at the siteArticle 15 (Contract Extras).
4.11 The required electricity, gas, water and suchlike are at client’s expense;
4.12 Client will be obliged, without entitlement to compensation, to make storage room for equipment and materials available at the request of user;
4.13 Client indemnifies user from any claims from third parties that incur damage in connection with the performance of the agreement and which damage is attributable to client.
Appears in 1 contract
Sources: General Terms and Conditions
Performance of the Agreement. 4.1 User accepts The Seller shall perform its obligations under the assignment subject to the condition that awards required for the work, which client will provide, are granted before commencement of the work activities;
4.2 User will perform the agreement Agreement to the best of its knowledge and ability, ability and in accordance with high standards; all this the principles of good business practice, based on the state provisions agreed between the parties;
4.2 The Seller shall determine the manner of performance of the art known at that timeAgreement unless the parties have explicitly agreed otherwise in writing;
4.3 The Seller shall not be held liable for damage of any nature arising as a result of incorrect and/or incomplete information or dimensions provided by the Buyer, unless these inaccuracies or incompleteness should have been evident to the Seller;
4.4 If and in so far as required for proper performance of the agreement so requireswork contracted under the Agreement, user will have the Seller reserves the right to have subcontract work activities carried out by to third parties;
4.4 4.5 If client has reserved delivery of the Buyer intends to supply certain materials and/or the performance of certain elements perform parts of the workswork itself, client will the Buyer shall be held liable for overdue delivery any failure to provide these materials or overdue performance of samecomplete such work in a timely fashion;
4.5 Client will 4.6 The Buyer shall also ensure that all information information, dimensions and approvals, stipulated approvals requested by user as necessary, or of which client should reasonably understand that these are necessary the Seller for the performance of the agreementAgreement are provided to the Seller in good time. This provision shall also apply to all information, dimensions and approvals that the Seller could reasonably expect the Buyer to know are submitted to user in timerequired for the performance of the Agreement. If the information and approvals required for the performance of the agreement Agreement are not submitted provided to user the Seller in good time, user will have the Seller reserves the right to suspend performance of the agreement Agreement and/or to charge the additional costs arising from the delay to client against the usual rates;
4.6 User will not be liable for damage of whatever nature as a result from user proceeding from incorrect and/or incomplete information provided by client, unless of this incorrectness and/or incompleteness should have been apparent delay to userthe Buyer at the standard rates;
4.7 If a performance of the agreement in phases is agreed upon, user may suspend performance of elements that belong to a next phase, until client has provided written approval of the results of the preceding phase;
4.8 If the commencement start or progress of the work is delayed by factors client is responsible forthat are within the control of the Buyer, the damage and costs arising from this for user incurred by the Seller as a result must be compensated reimbursed by clientthe Buyer;
4.8 If third parties instructed by the Seller or the Buyer perform work at the Buyer’s location or another location indicated by the Buyer, the Buyer shall provide all facilities reasonably required by these third-party workers at no cost;
4.9 If The Buyer must take steps to ensure the safety of the workers performing the work activities are carried out by user or and must supervise the performance of the work;
4.10 The Buyer indemnifies the Seller against any claims by third parties engaged by user in the scope of the assignment at the location of client or at a location designated by client, the latter will provide for the facilities reasonably demanded by these workers at no charge;
4.10 Client ensures that user has access to the following in time: • the building where the work is to be carried out; • sufficient means for supply, storage and/or disposal of materials and resources; • means to connect electrical machinery, lighting, heating, gas, compressed air and water; • schematic drawings of the cables, pipes and mains; • safety measures during work activities at the site.
4.11 The required electricity, gas, water and suchlike are at client’s expense;
4.12 Client will be obliged, without entitlement to compensation, to make storage room for equipment and materials available at the request of user;
4.13 Client indemnifies user from any claims from third parties that incur damage incurred in connection with the performance of the agreement Agreement and which damage is attributable that can be attributed to clientthe Buyer.
Appears in 1 contract
Sources: General Terms and Conditions