PURCHASER: means Saipem S.p.A or Servizi Energia Italia or Saipem Qatar Branch - a company established and existing under the laws of Italy with registered and head office in Via Martiri di Cefalonia 67, 20097 San Donato Milanese (MI), Italy.
SUPPLIER: means &LFA1-NAME1& a company established and existing under the laws of &T005T-LANDX&, with registered and office in &LFA1-STras& , &LFA1-PSTLZ&-&LFA1-ORT01& , &t005t-landx&.
COMPANY: means QATAR GAS
ART. 1. PURCHASE ORDER DOCUMENTS AND PRIORITY.
1.1 The PURCHASE ORDER DOCUMENTS constitute the entire agreement between the PARTIES with respect to the supply of GOODS and supersede all prior negotiations, representations and/or agreements, either written or oral, between or amongst the PARTIES with respect thereto.
1.2 No amendments to or modifications of any terms or conditions of the PURCHASE ORDER DOCUMENTS shall be valid unless made in writing and signed by both PARTIES.
1.3 The PURCHASE ORDER DOCUMENTS are complementary to each other and consist of the following documents, binding on both PARTIES. In case of inconsistency or conflicts, each document shall prevail over the others in the order set forth here below:
a. The present PURCHASE ORDER, together with any REVISION thereto and the Attachments listed hereunder;
b.1 STC to SPC_GR-GROUP-SC-PRO_GTC-111-E Rev.01;
b.2 General Terms and Conditions for PURCHASE ORDER DOCUMENTS - High Complexity-Doc. SPC_GR-GROUP-SC-PRO_GTC-111-E Rev.01 (hereinafter referred to as the “General Terms and Conditions” or “GTCs”);
c. Health, Safety and Environment (HSE) Requirements;
d. Quality Requirements for Suppliers/Sub-contractors;
e. PURCHASER TECHNICAL DOCUMENTS;
f. Model 231, including the Code of Ethics;
g. Policy Sustainable Saipem, available at the following website: www.saipem.com;
h. QC REQUIREMENTS FOR SUPPLIERS OF MATERIALS;
i. HSE Requirements for Supplier’s and Subcontractors;
j. PROJECT QUALITY PLAN;
& 1.4 The Attachments to the present PURCHASE ORDER are the following:
a. Letter of Acceptance.
ART. 2. ACCEPTANCE
The validity of the PURCHASE ORDER DOCUMENTS is conditional upon SUPPLIER’s confirmation of acceptance of all Terms and Conditions set out hereunder. SUPPLIER shall complete, sign and return to PURCHASER the Attachment 1 – Letter of Acceptance - together with other documents as set out in the said Attachment, within 2 days of receipt thereof.
ART. 3. SCOPE OF PURCHASE ORDER DOCUMENTS
The SUPPLIER shall provide all materials, services and items necessary to engineer, design, manufacture, test, inspect, paint, coat, mark, protect, transport and deliver the GOODS as mentioned in the item/description list and in accordance with the PURCHASE ORDER DOCUMENTS.
The SUPPLIER shall immediately communicate to PURCHASER if the GOODS, object of the SUPPLY, are included in the Attachment I of the Council Regulation No 428/2009 of the Council of the European Union (Dual Use items). In the case the GOODS are considered Dual Use, the SUPPLIER will deliver all of technical documentation required by the PURCHASER.
[applicable: in case of exportation from European Union]
The quantities of the GOODS are not subject to variation, unless by a REVISION in accordance with the Clause CHANGE IN THE SUPPLY of the General Terms and Conditions attached to this PURCHASE ORDER.
ART. 4.EFFECTIVE DATE
The EFFECTIVE DATE of the PURCHASE ORDER DOCUMENTS is or the earliest to occur amongst: i) five (5) days after the date indicated on PURCHASE ORDER first page; ii) the date of signature of the Letter of Acceptance by SUPPLIER.
ART. 5. FREE ISSUED ITEMS
With reference to Clauses ‘FREE ISSUED ITEMS’ of General Terms and Conditions to this PURCHASE ORDER, this clause is not applicable.
ART. 6. SPARE PARTS
With reference to Clause “SPARE PARTS” of General Terms and Conditions to this PURCHASE ORDER, the CAPITAL SPARE PARTS, START-UP SPARE PARTS, SPECIAL TOOLS and it’s
quantities are in accordance with MR doc. no. XXX and all other documentation referred to therein.
6 .1 SPARE PARTS INTERCHANGEABILITY RECORD AND VDRL
6 .1.1 Vendor Document Requirements List(VDRL)
The Vendor Document Requirements List (VDRL) will be issued in accordance to MR doc. no XXX
6 .1.2 Spare Parts Interchangeability Record (SPIR)
SUPPLIER shall provide to PURCHASER all Vendor data on Operating Spare Parts and Operating
Materials in strict accordance with the instruction contained in MR document XXX
For non-engineered equipment (Manufacturer’s standard equipment), the SPIR shall be submitted within 90
calendar days after drawing approvals. If drawing approvals are not required, the SPIR shall be submitted within 90 calendar days after placement of the purchase order.
For engineered equipment, the SPIR shall be submitted within 120 calendar days after drawing approvals,but in no instance be submitted later than 90 calendar days prior to the shipment date of the equipment.
Procurement of any equipment or material shall not be considered complete unless the SUPPLIER has submitted, and PURCHASER /COMPANY has approved the Operating Spare Parts Data and Operating Materials Data required as per MR document.
Noncompliance with this requirement will result with-holding of final payment. The cost of VDRL and SPIR preparation shall be included in the net total amount of the SUPPLY
6 .2 TWO YEAR’S OPERATING SPARES
Reference to two (2) years operation spare parts as listed in Purchase order attachment 3 with following conditions:
-
The Price for any of TWO YEAR’S operating spares is not included in Total amount of Purchase order
-
Prices validity: 24 months from the date of receiving of acceptable SPIR.
-
Delivery point: as per this Purchase Order.
-
Packing type: as per this Purchase Order, cost included.
-
Payment: 100% of the amount at advice of material readiness.
-
Market Availability: 10 Years.
This amount will be paid within 60 days, by direct remittance, from the date of receipt by purchaser of the
documents.
SUPPLIER shall provide to PURCHASER two (2) years spare parts list with price as part of VDRL document submission.
ART. 7. EXPEDITING, INSPECTION AND TESTING, SHIPMENT PREPARATION, PACKING AND MARKING
7.1 With reference to the Clause “EXPEDITING, INSPECTION AND TESTING, SHIPMENT PREPARATION, PACKING AND MARKING” of General Terms and Conditions, the SUPPLY shall be subject to inspection and testing in compliance to PURCHASER TECHNICAL DOCUMENTS and all other documentation referred to therein
Purchaser reserves the right to inspect material prior to delivery if & when Purchaser decides it is required/needed.
All inspections and lab tests required are included in the total amount of the scope of supply and in the delivery schedule.
SUPPLIER is required to send original Material Test Certificate together with the supplied item.
7.2 INSPECTION AND TESTING
7.2.1 Kick-off meeting (KOM): On request SUPPLIER will attend Kick-OFF meeting at PURCHASER office via tele-conference.
COMPANY may attend such meetings at COMPANY’s discretion.
7.2.2 Pre - inspection Meeting (PIM): as per MR doc. no. XXX and all other documentation referred to therein.
7.2.3 Notification for inspection: as per MR doc. no. XXX and all other documentation referred to therein.
7.2.4 Final Inspection and Release for Delivery: as per MR doc. no. XXX and all other documentation referred to therein.
7.2.5 Authorization for Shipping Notice (SRN or DRN):
Authorization will be issued by PURCHASER, based on the receipt of Release Note, Packing List, Shipping Invoice and any other document necessary to ship materials.
The documentation shall be prepared and issued in compliance with the PURCHASE ORDER DOCUMENTS.
7.3 SHIPMENT PREPARATION, PACKING AND MARKING
With reference to Clause “EXPEDITING, INSPECTION AND TESTING, SHIPMENT PREPARATION, PACKING AND MARKING” of General Terms and Conditions herein attached, SUPPLIER shall prepare the GOODS for shipment as per MR doc. no. XXX and its relevant technical documents.
Packing and marking shall be as per MR doc. no. XXX standard suitable for inland/sea/air freight.
It is specifically understood and agreed by SUPPLIER that satisfactory test and inspection, dispatch release note as well as effective transfer of risk and title shall not relieve SUPPLIER from its obligation to make good any defect discovered in the supply after delivery.
It is understood that the cost of any equipment required for transport and/or place on board or unload the above GOODS, such as spreaders, saddles, sized roper, stiffening structures are included in the supply amount.
Packing will be provided by SUPPLIER and the cost is included in the Net total amount of the Supply.
If the shipment is originating from any European country, then the exact country of the items manufactured/ produced must be mentioned in Certificate of origin instead of “European Union”. If one package / carton contains shipments from various countries, then each item show its own country of origin. The Certificate of Origin also must mention the same details.
Any shipment non complaint with the above will be returned and any cost resulting from re-importation, transport, port penalties, demurrages, detention charges and manpower will be charged to SUPPLIER. Shipment Preparation.
Shipment Preparation:
As soon as the complete shipment is ready for dispatch, SUPPLIER shall notify PURCHASER the readiness of material providing readable clear copies of Shipping invoice & relevant packing list with the correct address of the goods to be collected / counterpart to liaise with, to the following:
Mr. Jean-Michel Pierron
email: Jean-Michel.Pierron@saipem.com
All the documents must be in English language for custom purpose and our P.O. number must be written on every document for quick reference and records (Shipping invoice + packing list).
Certificate of Origin and Shipping invoice shall be attested by concerned Chamber of Commerce to be provided with each shipment;
HS CODES (Harmonized System code) are mandatory and the same should be provided beside each line item of shipping invoice / packing list;
Bio-Degradable certificate to be provided if the material is packed / wrapped with plastic;
It is understood that any delay / loss or extra expenses incurred due to non-compliance to the above, the same will be back charged to the SUPPLIER.
Packing & Marking:
Packing and marking shall be as per supplier standard suitable for inland/sea/air freight.
The following documents should be fixed outside the box:
SHIPPING MARK;
PACKING LIST;
CONSIGNEE / CONSIGNOR’S NAME.
In addition, the below details as applicable:
Project/Yard Name/Address;
Purchase order No/ Final destination;
Package stackable/ Country;
Description/Gross/Net Weight;
Dimensions/Volume;
Contact Person Name (if any).
All the materials are to be Marked, Labeled and packed referring to the “items” names and titles for easy identification.
All the material manifests shall contain a detailed description of each item/package
All the material must have a non-removable declaration of Origin (engraved) on each and every item; on the body of the item (MADE IN XXXX) as the xxxx is referring to the manufacturing country. Items without such marking will be exported back to shipping point with penalty. If the supplier/ shipper did not comply with this term, all the charges and applied penalties will be back-charged to his account and fall under his complete responsibility.
In addition, copy of packing list/ invoice should be kept inside each package. Absence of these documents will cause delay in the payment. Any inadequate or sub-standard packing, noticed at the time of delivery, resulting in the rejection from the competent authorities at the loading points, will be rectified and the cost of the same will be debited to the supplier.
Country of Origin:
If the imported GOODS have more than one Country of Origin in the same set of shipping Documents, it has to be detailed in the invoice. Each item has to be identified in the invoice with the relevant Country of Origin.
It is mandatory that all items must have a non-removable declaration of origin “MADE IN…”(Country name) on GOODS. Without manufacturing Country marking, goods will not be allowed to enter in final destination.
ART. 8. CERTIFICATES
The GOODS described on this PURCHASE ORDER shall be certified in compliance to the PURCHASER TECHNICAL DOCUMENTS / VDRL complying with MR doc. no. XXX
Documentation requirements shall be in accordance with MR doc. no. XXX
Manufacturer Data Record (MDR)
The Manufacturing Data Record Book shall contain all Procedures, certificates, declarations, test reports and any other relevant document.
MDR Index shall be submitted to Contractor for Acceptance. Copies of MDR shall be submitted as (1 Original hard copy + 1 soft copy PDF format) after the P.O. is totally closed. 1 Copy of the Test Certificates shall travel with the Goods.
Manufacturer Data Record shall be submitted by SUPPLIER within 5 working days after completion of delivery.
The certificates must be sent:
-no. 1 Copy to final destination with the GOODS;
-no. 1 Original + 2 Copies to:
Mr. Srinivasan Gopanna
Email: Gopanna.Srinivasan@saipem.com
It is understood that if the GOODS shall not comply with the above requirements the GOODS shall be rejected.
The cost for the above is included in the net TOTAL PURCHASE ORDER AMOUNT.
ART. 9. TECHNICAL ASSISTANCE SERVICES
With reference to Clause “TECHNICAL ASSISTANCE SERVICES” of the General Terms and Conditions, all technical assistance services rendered by SUPPLIER’s personnel shall be remunerated as per the daily rates in Attachment XX - CTP form - of this Purchase order
ART. 10. DELIVERY
10.1 DELIVERY POINT(S)
The Delivery Term shall be (As agreed) all in accordance with Incoterms (latest edition).
10.2 All items are destined to XXX
10.3 DELIVERY DATE shall be as set out in the Price List.
10.4 SUPPLIER guarantees the weight of the GOODS in accordance with the PURCHASER TECHNICAL DOCUMENTS.
ART. 11. LIQUIDATED DAMAGES
With reference to the Clause “LIQUIDATED DAMAGES” of General Terms & Conditions, SUPPLIER shall be liable of the following:
11.1 Liquidated Damages payable to the PURCHASER in case of the delivery of material is delayed beyond the DELIVERY DATE(S) are equal to 1% (one percent) of the amount of delayed portion for a day week to a maximum of 10 % (ten percent) of total PO value.
11.2 LIQUIDATED DAMAGES FOR LATE DELIVERY OF TECHNICAL DOCUMENTS
Liquidated Damages payable to the PURCHASER in case of the delivery of documentation is delayed beyond the agreed DELIVERY DATE(S) are equal to 1% (one percent) of the amount of delayed portion for a day to a maximum of 10 % (ten percent) of total PO value.
11.3 The liquidated damages shall no case exceed 10%(five percent) of the TOTAL PURCHASE ORDER AMOUNT.
ART.12. WARRANTIES 12.1 With reference to Clause 11 “WARRANTIES” of the General Terms and Conditions, the Warranty Period shall be 24. (TWENTY FOUR.) months from the last delivery of the GOODS at the DELIVERY POINT Warranty Extension until 31.10.2029 (To be Agreed).
12.2 The Warranty Period for the repaired or replaced GOODS shall be extended for 24 (TWENTY FOUR) months from the date when the remedial or corrective work or the repair or replacement of defective GOODS or part of it, is completed and accepted.
Warranty Extension until 31.10.2029 (To be agreed)
ART. 13. TAXES
The TOTAL PURCHASE ORDER AMOUNT shall be inclusive of all taxes, except for the Value Added Tax, or the Gross Sale Tax, or any similar indirect tax that, where applicable, shall be indicated separately.
ART. 14. PRICING
14.1 TOTAL PURCHASE ORDER AMOUNT and Price(s) shall be as set out in the Price list.
14.2 For technical assistance services, the price(s) set out in the Clause 9 “TECHNICAL ASSISTANCE SERVICES” here above shall apply.
ART. 15. INVOICING
15.1 With reference to Clause 14 “INVOICING AND PAYMENT” of the General Terms and Conditions, the SUPPLY shall be invoiced as follows:
-
-
- Upon the fulfillment of relevant contractual obligations by SUPPLIER, SUPPLIER shall issue for verification and acceptance to PURCHASER’s Representative (copy to be transmitted via e-mail in .pdf format) pro-forma invoice(s) for each of the invoice(s) relevant to SUPPLY, along with the back-up documentation agreed by the PARTIES, such as SUPPLY progress status, certificates and approved site timesheets. [documentation list to be adjusted/completed where necessary on a case by case basis].
- Upon verification and acceptance by PURCHASER’s Representative of the pro-forma invoice(s) and relevant back-up documentation, the pro-forma invoice shall be approved and a Progress Report shall be issued by PURCHASER confirming the relevant value is released for payment and entitling SUPPLIER to invoice accordingly. The Progress Report is the official document issued by PURCHASER, which certifies the progress of the SUPPLY rendered by SUPPLIER.
- The invoice(s) shall be issued after completion of the SUPPLY and fulfilment of any and all the above steps shall constitute a condition precedent to SUPPLIER issuing invoices for the SUPPLY and PURCHASER paying in accordance with the payment terms.
- As minimum, any and all SUPPLIER’s invoice(s) shall make reference to this PURCHASE ORDER No. and to the relevant Progress Report(s) No.
- The invoice(s) shall be accompanied with copy of relevant Progress Report(s) issued by PURCHASER and shall be addressed as follows:
-
…………………… [Saipem Company Name]
…………………… [Address]
With reference to the Clause INVOICING AND PAYMENT” of the General Terms and Conditions, the GOODS shall be invoiced as follows:
15.1. Invoice Issuing: The invoice shall be issued as set out below, satisfying PURCHASE ORDER conditions:
-
1st Agreed payment milestone
-
2nd Agreed payment milestone
…
All invoice should mention PURCHASE ORDER reference number and enclosed with the supporting documents (proof of delivery, packing list etc.); failure to do so may cause delay in payment.
Country of origin and Harmonized code to be mentioned in the Invoice.
ART. 16. PAYMENT TERMS
16.1 Invoice Payment: The PURCHASER shall pay to the SUPPLIER the price(s) for the SUPPLY by bank transfer within 60 days from the date of receipt of correctly prepared and adequately supported invoice.
16.2 CURRENCY
SUPPLIER’s invoices shall be issued and paid in (as agreed) currency.
16.4 RETENTION MONEY
With reference to the Clause “RETENTION MONEY” of the General terms and Conditions to this PURCHASE ORDER: NOT APPLICABLE
16.5 Flow Traceability : NOT APPLICABLE
ART. 17. BANK GUARANTEES
17.1 Performance Bond
The SUPPLIER shall provide a Performance Bond of an amount equal to 10% (ten percent) of the TOTAL PURCHASE ORDER AMOUNT. Such Performance Bond shall be issued, strictly in the agreed Form and content as per PURCHASER provided format.
The SUPPLIER shall provide the PURCHASER with the Performance Bond within (30) Days from the EFFECTIVE DATE
The Performance Bond shall be released at the beginning of the warranty period & receipt of warranty bond as mentioned below.
17.2 Warranty Bond
The SUPPLIER shall provide a Warranty Bond of an amount equal to 10% (TEN percent) of the TOTAL PURCHASE ORDER AMOUNT. Such Warranty Bond shall be issued in the form and content as per Warranty Bond hereto attached. SUPPLIER shall provide the PURCHASER with the Warranty Bond at the beginning of the Warranty Period(contextually with last delivery of materials).
The Warranty Bond shall remain valid up to 3 (three) month after the expected date of the end of the Warranty Period, and shall be released only upon receipt of PURCHASER’s written communication, or at the expiring date.
ART. 18. LIMITATION OF LIABILITY
With reference to the Clause “LIMITATION OF LIABILITES” of the General Terms and Conditions, SUPPLIER’s liability towards PURCHASER under or in connection with the PURCHASE ORDER DOCUMENTS shall be limited to 100% (one hundred per cent) of the TOTAL PURCHASE ORDER AMOUNT.
ART. 19. INSURANCE REQUIREMENTS
SUPPLIER shall obtain and maintain throughout the duration of the PURCHASE ORDER DOCUMENTS the insurance coverage as provided in Clause “INSURANCE REQUIREMENTS” of the General Terms and Conditions and in addition, but not limited to Clause “INSURANCE REQUIREMENTS” requirements, the following insurances with the limits specified:
Worker’s Compensation and Employer’s Liability Insurance, or similar social insurance as shall be necessary and adequate to cover all of SUPPLIER’s personnel while engage in fulfilment of the complete SUPPLY and GOODS delivery as per the terms of the PURCHASE ORDER.
Worker’s Compensation and Employer’s Liability Insurance shall cover any compensation to employees to the extent required by Law and agreement with employees for a minimum amount of 5M USD (five million dollars).
General Third Party Liability Insurance, or similar Comprehensive General Liability Insurance, represents normal and customary insurance coverage in regards to the complete SUPPLY and GOODS delivery as per the terms of the PURCHASE ORDER, with minimum policy limits for any loss of not less than USD 10,000,000 (ten million) per occurrence.
This insurance shall also cover Product Liability in case of any personal injury and/or property damage arising out of the GOODS.
Automobile Liability Insurance covering owned and hired vehicles used by SUPPLIER, applicable to bodily injury, sickness or death of any one or more persons and for loss of or damage to property in compliance with local laws and regulations.
All Risk Insurance in respect of the SUPPLIER’s equipment with a limit equivalent to the total replacement value of the SUPPLIER’s equipment.
Cargo Transit Insurance for loss of or damage to the GOODS occurring whilst in transit from the SUPPLIER’s or Sub-Supplier’s works and/or warehouse until arrival at DELIVERY POINT(S) as per agreed Incoterms stated in ‘DELIVERY POINT(S) AND TERMS’ with a limit equivalent to the maximum value of the GOODS transported by single mean of transport.
ART. 20. REPRESENTATIVES
20.1 Prior to the commencement of the SUPPLY, PURCHASER shall designate in writing its Representative in all matters related to the PURCHASE ORDER DOCUMENTS, to supervise the management of the PURCHASE ORDER DOCUMENTS including the issuance and receipt of communications from SUPPLIER.
20.2 All communications given by PURCHASER’s Representative to SUPPLIER in accordance with the PURCHASE ORDER DOCUMENTS shall be binding upon PURCHASER.
20.3 Prior to the commencement of the SUPPLY and in no case later than 5 (five) days form the EFFECTIVE DATE, SUPPLIER shall designate in writing an experienced SUPPLIER’s Representative who shall be fully knowledgeable in all aspects of the PURCHASE ORDER DOCUMENTS and the SUPPLY, and shall have full charge of all operations of SUPPLIER in respect of the SUPPLY, and full authority to represent SUPPLIER in all matters related to the performance of the PURCHASE ORDER DOCUMENTS.
20.4 All communications given to SUPPLIER’s Representative by PURCHASER in accordance with the PURCHASE ORDER DOCUMENTS shall be binding upon SUPPLIER.
ART. 21. SUSPENSION
With reference to the Clause “SUSPENSION FOR CONVENIENCE” of the General Terms and Conditions, if the duration of the suspension continues for a period of more than 45 consecutive Days or 120 Days in aggregate, the PARTIES shall agree on further actions to be taken in terms of suspension or termination.
ART. 22. FORCE MAJEURE
With reference to Clause “FORCE MAJEURE” of General Terms and Conditions, the unaffected PARTY shall have the right to terminate the PURCHASE ORDER if an occurrence of Force Majeure continues for a period of more than 45 Consecutive Calendar Days or 120 Calendar Days in aggregate.
ART. 23. CORRESPONDENCE- - NOTICES - LANGUAGE
23.1 All written correspondence or documents generated under and/or in connection with the PURCHASE ORDER DOCUMENTS shall quote the following:
a. PURCHASE ORDER number and Initials;
b. FINAL DESTINATION; and
c. Name of the PROJECT : QATARGAS - NFPS COMP2
23.2.2 All correspondence and notices shall be delivered to the following addresses:
COMMERCIAL CORRESPONDENCE:
Mr. Harjeet Singh | Mr. Roberto Pitton
E-mail:Harjeet.singh@saipem.com | Roberto.Pitton@saipem.com
TECHNICAL CORRESPONDENCE:
-TBA
email:
POST ORDER CORRESPONDENCE REFERENCE:
Mr. PIERRON Jean-Michel
Post Order Service Department
E-mail: Jean-Michel.Pierron@saipem.com
INSPECTION CORRESPONDENCE REFERENCE:
Mr. Srinivasan Gopanna
Email: Gopanna.Srinivasan@saipem.com
VENDOR CORRESPONDANCE:
23.3 All notices to be given with respect to the PURCHASE ORDER DOCUMENTS shall be considered valid only if sent from PURCHASER’s Representative to SUPPLIER’s Representative, and vice versa. Such notices shall be delivered personally or sent by registered or certified mail, return receipt requested, or by facsimile, or other form of telecommunication. Such notices shall be effective as from the date of receipt thereof.
23.4 Either PARTY may change the address, and the references of its Representative by giving at least 15 (fifteen) days prior notice to the other PARTY.
23.5 The English language shall be used by the PARTIES in all correspondence and documents prepared or exchanged hereunder or related hereto
ART. 24. SPECIAL CONDITIONS
With reference to GTC Clause “SPECIAL CONDITIONS” of General Terms and Conditions.
ART. 25. LAW N.136 of 2010 - FINANCIAL FLOW TRACEABILITY: NOT APPLICABLE
[in case the project is subject to the Italian law n. 136 of 2010 referred to the Financial Flow Traceability]
25.1 Any and all agreements made between SUPPLIER and any of its Sub-Contractors or Sub-Suppliers of any tier shall include a mutual specific clause whereby both relevant parties commit to comply with the financial flow traceability obligations required by the Italian Law n. 136 of 2010. In case of non-compliance with the above, that contract has to be deemed null and void. If, either SUPPLIER or any of its Sub-Contractors or Sub-Suppliers has knowledge of any non-compliance by its counterparty with the aforesaid obligations, it shall immediately inform both PURCHASER and the relevant Italian Authority (the competent “Prefettura”).
In addition to the above, SUPPLIER shall send to PURCHASER a written declaration, signed by its legal representative, whereby SUPPLIER confirms that appropriate clauses are included in each contract signed between SUPPLIER and any of its Sub-Contractors or Sub-Suppliers. The declaration shall be drawn up as per “FORM-COR-PROC-041-E”.
25.2 Where PURCHASER expressly authorizes the assignment of any and all credits due to SUPPLIER under this PURCHASE ORDER to any Third Party (hereinafter referred to as the “ASSIGNEE”), SUPPLIER shall send to the ASSIGNEE a written declaration which includes the identification details of the dedicated bank account, personal details and fiscal codes, if applicable, of the persons empowered to operate on the dedicated bank account, the Tender Identification Code (Codice Identificativo Gara-CIG), the Project Identification Code (Codice Unico di Progetto – CUP), and the relevant number of the assigned contract.
LETTER OF ACCEPTANCE / ACKNOWLEDGEMENT
The validity of the PURCHASE ORDER is conditional upon SUPPLIER’s confirmation of acceptance of all Terms and Conditions set out hereunder. The SUPPLIER shall complete, sign and return to PURCHASER the Letter of Acceptance or Acknowledgement form attached to the PURCHASE ORDER DOCUMENTS, within (2) working Days of receipt thereof. Notwithstanding the above, the execution by SUPPLIER of any activity relevant to this PURCHASE ORDER, even in case of non-receipt of the confirmation as mentioned above, shall imply SUPPLIER full and unconditional acceptance thereof.
Project: Q-21699 - Saipem COMP2 Folder: RFQ Files