Common use of WORK ON SITE Clause in Contracts

WORK ON SITE. Unless otherwise agreed in writing, any works associated with the Supplies which are performed outside SMSB office, factory or workshop (“Site”), such as assembly, installation, erection, commissioning and testing of the Supplies (“Site Works”) shall be subject to the following provisions: 8.1 The Customer shall provide at its own expense and in a timely manner: (a) unrestricted access to the Site, including but not limited to entry permits and security passes; (b) Comprehensive assistance in relation to obtaining import, export and customs clearance for personal belongings and goods of SMSB and its subcontractors’ personnel and of the equipment, tools and goods required for the Site Works; (c) Comprehensive assistance to SMSB and its subcontractor’s personnel for the obtaining of visas, work and residential permits to the extent required for the carrying out of the Site Works as well as with regard to any permits required for leaving the country; (d) Repatriation of SMSB’s and its subcontractor’s personnel in case of emergencies including but not limited to war, civil war, civil disturbance and epidemics; (e) all earth and construction work and other ancillary work outside SMSB’s scope, including the necessary skilled and unskilled labor, construction materials and tools; (f) the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other devices as well as fuels and lubricants; (g) energy and water at the point of use including connections, heating and lighting; (h) 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 SMSB’s and its subcontractors’ personnel, including sanitary facilities as are appropriate in the specific circumstances. Furthermore, the Customer shall take all reasonable measures to protect the property of SMSB and its personnel at the Site; and (i) protective clothing and protective devices needed due to particular conditions prevailing on the specific Site. 8.2 Before the Site Works commences, the Customer shall, at its own expense: (a) make available any information required concerning the location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data; and (b) provide all necessary materials and equipment and carry all preparatory works as necessary to enable the Site Works to commence without interruption. Access roads and the Site must be level and clear. 8.3 The Customer shall warrant that the Site or any equipment at the Site is free from asbestos and any other materials/ substances dangerous to health. Should the Site or any equipment affected by the Site Works contain such substances or materials, the Site or the relevant equipment shall be decontaminated at the account of the Customer prior to SMSB starting the Site Works. The Customer shall also be responsible for the timely and lawful disposal of its equipment or parts thereof which are or become hazardous waste. 8.4 If the Site Works (or any part of it) is delayed due to circumstances for which SMSB is not responsible, the Customer shall bear the reasonable costs incurred for idle times, remobilization costs any additional traveling expenditure incurred by SMSB’s personnel, additional administrative charges incurred by SMSB and such other costs as may be incurred by SMSB’s subcontractors. SMSB shall be entitled to an adjustment to the schedule/time for completion and the Contract Price. 8.5 If the remuneration for Site Works performed is on cost reimbursement or time and material basis, the Customer shall promptly certify the hours worked by SMSB’s personnel at an agreed intervals upon receipt of the relevant documents such as timesheets and service reports. If the Customer does not certify within the agreed time frame, the Site Works (or relevant part of it) are deemed to be completed and accepted by the Customer, including acceptance as to the accuracy and completeness of the documents submitted such as timesheet and content of service report.

WORK ON SITE. Unless otherwise agreed in writing, any works associated with the Supplies which are performed outside SMSB office, factory or workshop (“Site”), such as assembly, installation, erection, commissioning and testing of the Supplies (“Site Works”) shall be subject to the following provisions: 8.1 The Customer shall provide at its own expense and in a timely manner: (a) unrestricted access to the Site, including but not limited to entry permits and security passes; (b) Comprehensive assistance in relation to obtaining import, export and customs clearance for personal belongings and goods of SMSB and its subcontractors’ personnel and of the equipment, tools and goods required for the Site Works; (c) Comprehensive assistance to SMSB and its subcontractor’s personnel for the obtaining of visas, work and residential permits to the extent required for the carrying out of the Site Works W orks as well as with regard to any permits required for leaving the country; (d) Repatriation of SMSB’s and its subcontractor’s personnel in case of emergencies including but not limited to war, civil war, civil disturbance and epidemics; (e) all earth and construction work and other ancillary work outside SMSB’s scope, including the necessary skilled and unskilled labor, construction materials and tools; (f) the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other devices as well as fuels and lubricants; (g) energy and water at the point of use including connections, heating and lighting; (h) 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 SMSB’s and its subcontractors’ personnel, including sanitary facilities as are appropriate in the specific circumstances. Furthermore, the Customer shall take all reasonable measures to protect the property of SMSB and its personnel at the Site; and (i) protective clothing and protective devices needed due to particular conditions prevailing on the specific Site. 8.2 Before the Site Works commences, the Customer shall, at its own expense: (a) make available any information required concerning the location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data; and (b) provide all necessary materials and equipment and carry all preparatory works as necessary to enable the Site Works W orks to commence without interruption. Access roads and the Site must be level and clear. 8.3 The Customer shall warrant that the Site or any equipment at the Site is free from asbestos and any other materials/ substances dangerous to health. Should the Site or any equipment affected by the Site Works W orks contain such substances or materials, the Site or the relevant equipment shall be decontaminated at the account of the Customer prior to SMSB starting the Site Works. The Customer shall also be responsible for the timely and lawful disposal of its equipment or parts thereof which are or become hazardous waste. 8.4 If the Site Works W orks (or any part of it) is delayed due to circumstances for which SMSB is not responsible, the Customer shall bear the reasonable costs incurred for idle times, remobilization costs any additional traveling expenditure incurred by SMSB’s personnel, additional administrative charges incurred by SMSB and such other costs as may be incurred by SMSB’s subcontractors. SMSB shall be entitled to an adjustment to the schedule/time for completion and the Contract Price. 8.5 If the remuneration for Site Works W orks performed is on cost reimbursement or time and material basis, the Customer shall promptly certify the hours worked by SMSB’s personnel at an agreed intervals upon receipt of the relevant documents such as timesheets and service reports. If the Customer does not certify within the agreed time frame, the Site Works (or relevant part of it) are deemed to be completed and accepted by the Customer, including acceptance as to the accuracy and completeness of the documents submitted such as timesheet and content of service report.