Common use of Subject of Performance Clause in Contracts

Subject of Performance. The Parties have agreed on the conclusion of this purchase contract (hereinafter also referred to as the “Contract”), the subject of which is the supply of 1 unit of videoculography device/eye-tracker + MRI-compatible pupillometer for the Clinics of Neurology of the First Faculty of Medicine, ▇▇▇▇▇▇▇ University and General University Hospital in Prague (hereinafter referred to as the “Product” or the “Subject of Performance”). In performing this Contract, the Seller undertakes to fully comply with the specifications of the small-scale public contract No. DBID 5947 designated “Videoculography device/eye-tracker + MRI-compatible pupillometer” (hereinafter referred to as the “Public Contract”) and at the same time the specifications of the tender No.”TO BE FILLED IN BY THE SUPPLIER” dated ”TO BE FILLED IN BY THE SUPPLIER” (hereinafter referred to as the “Tender”), which they delivered to the Buyer in this Public Contract procurement procedure. As part of the performance of the Public Contract, the Seller undertakes to deliver and hand over to the Buyer the subject of purchase, i.e. the Product meeting the specifications detailed in Appendix 1 hereto and in the Seller’s Tender, and to transfer ownership of the Product to the Buyer. The substantive details of the Tender, i.e. the technical specification of the Product offered by the Seller, form an integral part of the Contract as Appendix 1 designated “Required Technical Specification of the Subject of Performance” (hereinafter also referred to as “Appendix 1”). The Seller’s obligation hereunder includes delivery of the Product to the place of performance; demonstration of the Product; installation of the Product at the place of performance; commissioning and successful testing; training of operators and delivery of all relevant documentation to the Product - in particular the documents needed for takeover and use of the product by the Buyer, including the operating instructions, user manual, warranty card. The Seller confirms that, as an expert in the given field of business, they are capable of implementing the Subject of Performance in accordance with this Contract and the Appendix thereof, for the total purchase price specified in Article II, paragraph 1 of the Contract, and that they are aware of the fact that the Buyer has an unequivocal interest in implementation of the Subject of Performance at the agreed time, for the agreed purchase price and in the quality as set in this Contract. The Seller confirms that the Product delivered based on this Contract is completely new and fully functional, and that its quality and technical design fully complies with the specifications set out in Appendix 1 hereto. The Seller undertakes to ensure that, at the time of the transfer of the Product ownership, no rights of third parties will be attached to the Product, including but not limited to any pre-emption right, lien or lease right. The Buyer shall acquire the ownership of the Product at the moment of signing of the Acceptance and Installation Certificate by both Parties. The Buyer undertakes to take over the duly and timely delivered Product from the Seller, and to pay the purchase price according to Article II hereof, doing so under the conditions set out herein.