4439-ZZ-BP-0000 000002 Conditions for Vendor Field Services

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR-ALKYL-BENZENE <> A SKIKDA ALGERIE

CT-EPC/017/SH/EPM/RPC-X/2023

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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CONDITIONS FOR VENDOR FIELD SERVICES

06-Jun-2024

Issue for Procurement activity

S.FAMIGLIETTI

N.VILLELA

A.MUGNAINI

REV.

DATE

DESCRIPTION

PREPARED

CHECKED

APPROVED

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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ISSUE

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TABLE OF CONTENTS

GENERAL REQUIREMENTS … 3
DEFINITIONS… 3
LOCAL CONDITIONS … 4
DEPENDENCE AND RESPONSIBILITY … 4
ASSISTANCE TO THE VENDOR ‘S PERSONNEL … 4
DAILY RATES FOR THE SERVICES RENDERED BY VENDOR ‘S PERSONNEL … 4
TRAVELLING EXPENSES … 4
TRANSPORT TO SITE … 5
LOCAL TRANSPORTATION… 5
ACCOMODATION … 5
NORMAL WORKING TIME … 5
OVERTIME AND WORK ON SHIFTS … 5
REMOTE ASSISTANCE … 6
LIABILITY AND INSURANCE … 6
DISEASES AND ACCIDENTS… 7
OFFICES … 7
INVOICING AND PAYMENT OF FIELD SERVICES … 7
TOOLS OWNED BY VENDOR … 8
GUARANTEE… 8
RATES NOT SUBJECT TO ADJUSTMENT … 8
SUBSTITUTION OF SUPPLIER’S PERSONNEL … 8

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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GENERAL REQUIREMENTS

The present document defines the “CONDITIONS FOR VENDOR FIELD SERVICES” to be applied for the supply by VENDOR of SITE and/or REMOTE ASSISTANCE to field operators (CONTRACTOR and/or OWNER’s personnel), aimed at supervising the activities of erection, pre-commissioning, commissioning and start-up of the SUPPLY. It shall be considered as an integral part of the PURCHASE ORDER and read in conjunction with Special Purchase Conditions (“SPC”) and “General Purchase Conditions” (“GPC”).

VENDOR undertakes to dispatch to SITE skilled, experienced, healthy and English-speaking personnel, upon BUYER’s written request, in the number and for the period as notified by CONTRACTOR. VENDOR shall make available such personnel SITE within 15 (fifteen) calendar days after the date of BUYER’s written request and such personnel shall strictly follow the conditions defined hereinafter.

Within 3 (three) business days after BUYER’s written request, VENDOR shall communicate the name/s of its designated personnel, including the name of possible substitutes, if applicable.

It remains VENDOR’s responsibility to check the health conditions of his personnel dispatched at SITE.

It is understood that VENDOR’s personnel during their stay shall observe the laws and regulations of Algeria and all the rules and regulations in force at SITE.

In case of BUYER’s written request, VENDOR’s personnel shall be made available and ready for REMOTE ASSISTANCE for SITE operators, within one working day after BUYER’s written request, for the period requested by BUYER. In case of VENDOR’s delay in making its personnel available, VENDOR accepts to be considered responsible for the delays (and relevant costs) of the activities connected with VENDOR’s SUPPLY, such as but not the stand-by of subcontractors/supervisors, and/or for renting cranes, other lifting equipment or tools.

the additional costs accrued at SITE

limited

for

DEFINITIONS

The definitions given in the GPC and SPC remain applicable and, in addition, the foregoing definitions shall apply:

SITE: means all those parcels of land in Skikda, Algeria, owned or leased or to be owned or leased by OWNER on which the plant will be located, and any other place or places provided or made available by OWNER pursuant hereto, to which equipment and/or materials are to be delivered.

FIELD SERVICES: means the assistance services carried out by VENDOR’s personnel at the construction SITE, at the rates defined in the PURCHASE ORDER, which shall remain valid till 31/March/2028.

REMOTE ASSISTANCE: means the assistance services remotely carried out by VENDOR’s personnel through smart tools (i.e. video call, digital helmet, digital glasses etc.), from VENDOR’s premises or home office, at the rates defined in the PURCHASE ORDER, which shall remain valid till 31/March/2028.

OVERTIME: means BUYER’S authorized additional working time more than 10 hours applicable to Normal Daily Rate and Holiday Rate and payable per each additional hour worked at the rate set forth in PURCHASE ORDER or according to par. 12 of this document.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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HOLIDAY RATE: must be intended as rate for work at SITE during Holidays (Sunday and official holiday). The Holiday Rate shall be paid according to the rates stated in the PURCHASE ORDER (Daily Rate will not be recognized in addition to the Holiday Rate or Staying Period; Holiday Rate is a standalone rate for work performed during holiday time).

LOCAL CONDITIONS

VENDOR is considered to have full knowledge of the SITE where FIELD SERVICES are to be carried out and be acquainted with all actual and local circumstances and environment; therefore, VENDOR cannot raise any objections in the event of any difficulties arising during the performance of the FIELD SERVICES.

DEPENDENCE AND RESPONSIBILITY

VENDOR’s personnel at SITE shall (i) report to the BUYER’s Representative at SITE and (ii) be qualified and authorized to independently take all actions and make all decisions as may be required throughout the performance of the FIELD SERVICES.

ASSISTANCE TO THE VENDOR ‘S PERSONNEL

Adequate lifting equipment and all labor and workers as may be required for the performance of the works shall be made available by BUYER. Utilities (industrial water, electricity, etc.) as well as lubricants and a room to carry out minor setting up shall also be also made available by BUYER at SITE.

DAILY RATES FOR THE SERVICES RENDERED BY VENDOR ‘S PERSONNEL

For each day of the “Staying Period” of VENDOR’s personnel at SITE, BUYER shall pay the daily rate stated in the PO.

The Staying Period starts the first day of Work at SITE and ends the last day of Work at SITE.

VENDOR’s personnel shall be allowed to use the SITE facilities, including the canteen, which shall remain at BUYER’s cost.

For the sake of clarity, the travelling time (international travels and/or local travels) shall not be considered as included in the Staying Period.

TRAVELLING EXPENSES

For mobilization and demobilization of VENDOR’s personnel, BUYER agrees to reimburse the cost of the shortest round trip in economy class, from the VENDOR’s normal place of work to SITE, upon submission of an expense report with the summary of such expenses which shall be backed up with the receipts proving every expenditure. No administration fee shall be recognized to VENDOR.

The travelling expenses will be reimbursed only for travels authorized or requested by BUYER. Any additional trip not expressly requested by BUYER shall be at VENDOR’s charge.

The cost of excess luggage up to 20 kg maximum, if justified, will be reimbursed. The cost of extra- luggage/s for special tools connected to the FIELD SERVICES to be performed, if any, shall be reimbursed.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

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Visa expenses shall be at VENDOR’s charge.

TRANSPORT TO SITE

The transportation from the Algerian airport to the SITE accommodation shall be at BUYER’s care and expenses.

Any other cost of transportation, not authorized by the BUYER, shall be at VENDOR’s charge.

LOCAL TRANSPORTATION

The local shared transportation (i.e. from the local accommodation to SITE) shall be at BUYER ‘s care and charge.

Any other cost of transportation, not authorized by the BUYER, shall be at VENDOR’s expenses.

ACCOMODATION

The accommodation of VENDOR’s personnel shall be organized by VENDOR at its own care.

BUYER agrees to reimburse the pertaining cost, upon submission by VENDOR of an expense report, along with all relevant receipt/s.

If a frame agreement is stipulated by BUYER with a local hosting facility/residence/hotel (not inferior to a three-star international accommodation standard, or equivalent), BUYER will inform the VENDOR, providing VENDOR with the references of such frame agreement, and VENDOR shall arrange the accommodation of its personnel in such hosting facility/residence/hotel. Waiving to be lodged in such hosting facility would imply VENDOR’s waiver to be reimbursed for the accommodation costs.

If BUYER confirms that places for accommodation of VENDOR’s personnel are available at BUYER’s camp located at SITE, VENDOR hereby accepts to lodge its personnel in such camp and, in this case, the accommodation will be directly at BUYER’s cost and VENDOR shall not present any expense report.

NORMAL WORKING TIME

The normal working time covers the 60 (sixty) working hours per week on a six (6) - day basis from Saturday to Thursday. Within such limits the VENDOR’s personnel shall conform to the daily working time as established by the BUYER’s Representative at SITE.

The normal working time shall be paid according to what stated in the above Art. 6 with the rates as defined in the PO.

The time spent by the VENDOR’s personnel to move from local accommodation to SITE and vice- versa shall not be considered as working time.

In case of VENDOR works less than 10 (ten) hours per day, BUYER shall pay the hours effectively worked (Daily Rate divided by 10, for each worked hours).

OVERTIME AND WORK ON SHIFTS

The extra hours worked by the VENDOR’s personnel beyond the 60 hours per week or the hours worked on “holidays” shall be considered as overtime.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

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ISSUE

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The working hours of the VENDOR’s personnel on shifts within the 60 hours per week shall not be considered as overtime.

Overtime and Holidays Daily Rates shall be as defined in the PO; only in case indication in the PO is missing, the following Rates shall apply:

for overtime hours in excess to the 60 (sixty) hours per week, BUYER shall pay for each hour a rate of 110% of 1/10 (one/ten) of the daily rate as per Article 6.
for overtime during holidays, the BUYER shall pay for each hour a rate of 130% of 1/10 (one/ten) of the daily rate as per Article 6.

Overtime and work on shift shall be authorized in advance by the BUYER’s Representative at SITE.

REMOTE ASSISTANCE

The REMOTE ASSISTANCE will be performed by VENDOR’s personnel opening a dedicated web page on the browser. Then, VENDOR’s personnel shall directly guide the field operator from his laptop (with camera and microphone) having the following resources:

possibility of sharing the same vision with the field operator, and to talk to her/him, in real time,
possibility to highlight on his laptop screen an object on the field, which will be made easily

identifiable by the operator on the remote screen.

VENDOR’s personnel shall have Google Chrome browser to access BUYER’s remote server.
VENDOR shall issue a dedicated statement confirming that he is adequately equipped and in

position to perform Remote Assistance.

LIABILITY AND INSURANCE

VENDOR shall be responsible for the execution of the FIELD SERVICES he is in charge of and shall warrant that the accident and damage prevention regulations and rules issued by local authorities will be complied with. He therefore undertakes to reimburse the BUYER and/or the OWNER all damages that might have occasioned by his non-fulfillment or negligence.

In addition to all insurances imposed by Law such industrial accident and health insurance, VENDOR shall stipulate for his workmen employed for the execution of the works a third-party insurance and workmen’s compensation insurance. Said insurances shall cover the widest number of contractual clauses possible including:

Guarantee and reimbursement of the BUYER/ OWNER’s damages which might be suffered because of the non-fulfillment or the negligence of VENDOR and/or persons he is responsible for by Law, regardless of the fact that they take part or do not take part in the organization and execution of the services and/ or the works he is in charge of;
Guarantee and reimbursement of claims by third parties, including the BUYER, the OWNER and employees and/or consultants and/or persons thereof performing works of whatsoever nature they have been assigned with by VENDOR, that might arise out of the organization and/or execution of the services and/or works the VENDOR is in charge of or occasioned by infringements or non-fulfillment on the part of Vendor and persons he is responsible for by Law.
Keeping the insurance contract in force up to the works taking over or final acceptance on the part by the BUYER.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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ISSUE

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Making sure that the insurance company gives up its subrogation rights versus the BUYER and or the OWNER and their employees and/or cooperators of whatsoever nature and/or consultants.
Considering the BUYER and/or the OWNER and their employees and/or cooperators of whatsoever nature and/or consultants a third party with regard to the contract coverage.

Soon after the BUYER’s request and before the VENDOR’s personnel leaving for the Facility Site, VENDOR shall send to the BUYER the relative insurance coverage certificate issued by his insurance company. This certificate will be submitted for review to the BUYER.

DISEASES AND ACCIDENTS

The BUYER shall provide the VENDOR’s personnel with assistance for medical care in case of diseases or accidents. Any cost shall be borne by the VENDOR.

In this case, the VENDOR undertakes to take all steps together with the BUYER and/ or the OWNER as may be demanded to avoid delays in the execution of the work portion assigned to the sick or injured person. Should the disability to work last more than 15 (fifteen) calendar days, the VENDOR shall replace at his expense the disabled personnel, if required by the BUYER and/or by the OWNER.

OFFICES

The VENDOR’s personnel shall be entitled to make use of offices, phone service, internet connection and stationery of the BUYER or the OWNER in case of necessity. All phone and postal expenses are at VENDOR’s charge.

INVOICING AND PAYMENT OF FIELD SERVICES

VENDOR shall issue his monthly invoice, relevant to the performed field services rendered during the elapsed preceding month addressing the invoice to:

To: (issued by courier and anticipated by e-mail) For PO issued by Tecnimont S.p.A: TECNIMONT SPA Via Gaetano De Castillia 6A, 20124 Milan, Italy [Accounting Department]

With copy by e-mail to: TECNIMONT SPA Via Gaetano De Castillia 6A, 20124 Milan, Italy Att. (see Procurement Co-Ordinator’s name in PO)

For PO issued by Tecnimont Algeria Branch: TECNIMONT ALGERIA BRANCH 13, Rue de Palmiers 16003 El Biar - Alger, Algeria [Accounting Department]

The invoice shall show the daily rates defined in the above Article 6, normal working time, overtime, and travelling expenses. The invoiced services must be supported by fiscal receipts and by the Attendance Reports at SITE which are released by BUYER’s representative at SITE and countersigned for acceptance by the VENDOR.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

CONDITIONS FOR VENDOR FIELD SERVICES

REALISATION EN EPC D’INSTALLATIONS DE PRODUCTION DE LINEAR- ALKYL-BENZENE <> A SKIKDA ALGERIE

TCM IDENTIFICATION CODE

4439-ZZ-BP-0000000002

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ISSUE

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TOOLS OWNED BY VENDOR

VENDOR shall provide at its own charge all special tools required to carry out the FIELD SERVICES.

If these tools represent the normal instruments for the correct performance of the VENDOR’s FIELD SERVICES, they shall be shipped to SITE under VENDOR’s responsibility and all transport expenses to and from the SITE shall be reimbursed by BUYER. Special equipment of extraordinary dimensions and weight that cannot be considered standard instruments of VENDOR for the performance of the FIELD SERVICES, shall be provided by VENDOR, duly packed according to the SPC attached to the PURCHASE ORDER.

Such Equipment shall be shipped to the SITE at BUYER’s expenses in form of temporary export.

The same procedure shall be followed to send the equipment back to VENDOR’s premises.

Days of stand-by of VENDOR’s personnel at SITE due to the lack of any such tools shall not be paid to VENDOR.

VENDOR undertakes to make them available in due time for the above purpose. BUYER reserves the right to sell to the OWNER either the equipment or parts thereof that are VENDOR’s property or the borrowed equipment, should the OWNER show an interest in their purchase at relevant prices that will be agreed upon the PARTIES separately.

GUARANTEE

VENDOR warrants that his personnel will check for the workmanlike execution of the erection operations and their compliance with the erection drawings as per the agreements made with the VENDOR and the installation instructions given by the VENDOR itself.

BUYER and/or OWNER costs to make good any erected portions of the Equipment and Material (“GOOD/S”) that are defective in workmanship or in disagreement with the erection drawings shall be at VENDOR’s expenses. VENDOR shall update the drawings in accordance with erection.

VENDOR assumes the responsibility for the FIELD SERVICES and the works carried out by his personnel and by the BUYER’s and/or OWNER’s subcontractor based on the instructions he will impart.

The costs for repair that might arise out of faulty instructions given by the VENDOR’s personnel shall be reimbursed by the VENDOR’s upon submittal of the relevant BUYER’s invoice.

RATES NOT SUBJECT TO ADJUSTMENT

Unless not differently agreed and specified in writing into PURCHASE ORDER, the Daily Rates as specified under Article 6 shall be firm and not subject to any adjustment regardless of any increase in the labor cost or any other costs.

SUBSTITUTION OF SUPPLIER’S PERSONNEL

The BUYER and/or the OWNER will have the right to request the substitution of the VENDOR’s per- sonnel not having the required qualification or in case of misconduct of such personnel.

The VENDOR shall, within the shortest time, substitute such personnel by an acceptable one and the expenses due to such a substitution will be at the VENDOR’s charge.

This document is property of Tecnimont S.p.A. and cannot be used by others for any purpose, without prior written consent

Project: Q-32976 - Tecnmont SKIKDA Folder: RFQ Files

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