LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
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SPECIAL PURCHASE CONDITIONS
02
01
05-Jul-2024
14-Mar-2024
For procurement activity
S.FAMIGLIETTI
M.CRESPI
A.MUGNAINI
For procurement activity
D.FERRO
M.CRESPI
A. MUGNAINI
Issue
Date
Reason for Issue – Revision Description
Prepared
Checked
Approved
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SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
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TABLE OF CONTENTS
A
B
GENERAL _______________________________________________________________ 3
AMENDMENTS TO ARTICLES OF GENERAL PURCHASE CONDITIONS DUE TO PROJECT REQUIREMENTES _______________________________________________ 3
DEFINITIONS CHANGES LIMITATION OF LIABILITY FORCE MAJEURE VENDOR DOCUMENTS REMEDY OF DEFECTS AND WARRANTIES
B.1 3 B.2 4 B.3 4 B.4 5 B.5 5 B.6 5 5 B.7 VENDOR’S INSURANCE OBLIGATIONS B.8 EXPEDITING, INSPECTION, SHIPPING AND SITE ASSISTANCE DIGITAL SOLUTIONS 6 6 B.9 LANGUAGE 6 B.10 GOVERNING LAW 6 B.11 DISPUTE RESOLUTION B.12 NOTICES AND COMMUNICATIONS 7 B.13 ORGANISATIONAL MANAGEMENT AND CONTROL MODEL, CODE OF ETHICS,
BUSINESS INTEGRITY POLICY
INTELLECTUAL PROPERTY RIGHTS
B. 14 CONFIDENTIALITY B.15 B.16 TAXES B.17 TERMINATION FOR DEFAULT B.18 RETENTION OF RECORDS
8 9 9 10 10 10
PROJECT PROCUREMENT PROVISIONS ____________________________________ 11
C
C.1
C.2
C.3
SPARE PARTS C.1.1 Definitions C.1.2 Requirements PROTECTION, PACKING AND MARKING OF GOODS C.2.1 Instructions for GOODS transportation and storage at SITE C.2.2 GOODS protection C.2.3 GOODS marking C.2 4 Handling and Storage Marking SIZE AND WEIGHT OF PACKAGES C.3.1 C.3.2 C.3.3 C.3.4
Limits of packing dimensions Oversize and heavy lift packages Small Individual Packages Containerization
C. 4 SHIPPING INFORMATIONS & PACKING LIST
Preliminary Packing List and Shipping information Documentation at GOODS “Ready for delivery” Storage at VENDOR’s premises Export Compliance Details Packing List (“P/L”)
C.4.1 C.4.2 C.4.3 C.4.4 C.4.5 EXPORT BENEFITS IMPORT REGULATION PERSONAL DATA PROTECTION SPECIFIC ACCEPTANCE
C.5 C.6 C.7 C.8
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11 11 11 12 12 12 13 13 14 14 14 14 15 15 15 16 17 17 17 18 18 19 19
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A
GENERAL
The present SPECIAL PURCHASE CONDITIONS complete, extend and amend the GPC and shall take precedence over aforesaid GPC. All provisions of the GPC not explicitly amended in these SPC or in the PURCHASE ORDER shall remain unchanged.
B
AMENDMENTS TO ARTICLES OF GENERAL PURCHASE CONDITIONS DUE TO PROJECT REQUIREMENTES
The articles mentioned in this Section B complete, extend, amend the correspondent ones provided in GPC.
B.1 DEFINITIONS
The Article B.1 supplements or amends the definitions already included in Article 1 of the GPC:
BUYER – means TECNIMONT S.p.A., an Italian company having its headquarters in Milano (MI), Via Gaetano De Castillia Nr. 6A, 20124 - Italy or TECNIMONT ALGERIA BRANCH.
LICENSOR – is “UOP Ltd.”, the license holder whose processes and technologies have been chosen by the OWNER for the design of installations object to this Contract and who is engaged for the provision of services and/or equipment relating to the application of its processes.
LICENSOR’s CONFIDENTIAL INFORMATION means information relating to the PROJECT and/or the OWNER, the LICENSOR and/or any of its Affiliates and their businesses, financial conditions and assets, that is valuable, confidential and not in the public domain, whether or not marked confidential, whether in the visual or written form or recorded or in electronic, digital or any other form, including but not limited to technical information, site layout, process or instrumentation diagrams/drawings/datasheets, or information relating to the process or instruments, licensing and proprietary information and information derived and/or generated from any information mentioned hereabove.
MAKE GOOD means VENDOR obligations without limitation, at its expense and risk, to take all the necessary and corrective actions, including but not limited to, any studies, research of DEFECT, disassembly/reassembly, all replacements of the SUPPLY, all services, goods, materials, repairs and adjustments necessary for the correction of DEFECTS and the elimination of their causes, including equipment support to achieve the guarantees specified in the CONTRACT DOCUMENTS.
OWNER – means SONATRACH SPA, an Algerian company having its headquarters in Djanene El Malik, Hydra, Alger - Algeria and its successors in interest.
PLANT - means the production units of Linear-Akyl-Benzene (LAB), based in the existing industrial area (DRIK) in Skikda (Algeria), with a target production capacity of 100 KTA; the new OSBL facilities; the export line at port and the kerosene/benzene export pumps in RA1K existing refinery.
PROVISIONAL ACCEPTANCE CERTIFICATE (PAC) – means the Certificate of Provisional Acceptance of the PLANT issued by the OWNER to the BUYER.
SENSITIVE EQUIPMENT means any material, the illicit use of which may harm national security and public order, as defined by Executive Decree No. 09-410 of December 2009
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establishing the security rules applicable to activities involving Sensitive Equipment.
SITE - means the OWNER’s premises situated at the plot “DEV1” within the industrial zone at Skikda, Algeria.
SPIR - means Spare Parts Interchangeability Record.
THIRD PARTY AUTHORITY – means all the Algerian entities having authority and control over the specific SUPPLY, including but not limited to: ARH (Autorité de Régulation des Hydrocarbures), MIM (Ministère de l’Industrie et des Mines MATE (Ministère de l’Aménagement du Territoire et de l’Environnement), ONML (L’Office National de la Métrologie Légale), ANF (L’Agence Nationale des Fréquences), ARPT (L’Autorité de Régulation de la Poste et des Télécommunications), CTC (L’Organisme de Contrôle Technique de la Construction), DPEM ( La Direction de la Protection du Patrimoine Energétique et Minier), DRAG (Direction de la Réglementation et Affaires Générales / Wilaya algérienne), ERSV (Etablissement de Réalisation de Systèmes de Vidéosurveillance), CREG (Commission de Régulation de l’Electricité et du Gaz); ARPCE (Autorité de Régulation de la Poste et des Communications Électronique), DPP (Direction de Protection du Patrimoine).
Day- means Calendar Day according to the Gregorian calendar.
P/L – means Packing List.
B.2 CHANGES
B.2.1 Void
B.2.2 In Art. 5.2 of the GPC the words: “within 10 (ten) days from receipt of the request of change sent by BUYER” shall be replaced by the following: “within 7 (seven) days from receipt of the request of change sent by BUYER.
B.2.3 In relation to Art. 5.7 of the GPC, the VENDOR shall be entitled to request a CHANGE provided that the VENDOR within 10 (TEN) days of occurrence shall give notice to the BUYER of the occurrence of the change in the Algerian LAWS and submit to the BUYER a proposal having the content provided under Art. 5.2 of GPC.
Notwithstanding the above, the VENDOR shall have no right to request a CHANGE in respect of a change in the LAWS in relation to: (a) (b)
Taxes or visas applying in relation to the engagement of the VENDOR’s Personnel; Taxes applying in relation to the VENDOR’s (or SUB-VENDORS’s) profits, dividends or income; or any determination of a public Authority in relation to exchange rates.
(c)
B.3 LIMITATION OF LIABILITY
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Art. 7.6, let. (e) of the GPC shall be read as follows: The MAXIMUM AGGREGATE LIABILITY of VENDOR shall not apply to, or be reduced by: e1)
VENDOR’s liability due to DEFECTS in the SUPPLY, including, without limitation, liability for damages to properties and injuries to persons; VENDOR’s obligations pursuant to the CONTRACT to MAKE GOOD the SUPPLY and/or repair, correct or reperform defective or non-conforming GOODS and WORKS.
e2)
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e3)
e4)
liability in respect of third-party of whatsoever nature and however arising from and caused by any act, omission or delay of the VENDOR. Any penalties incurred vis-à-vis the Algerian Administration and/or Authority, by the Vendor its Subcontractors, Suppliers, its personnel or its representatives in respect of their respective activities under the Contract.
B.4 FORCE MAJEURE
The following sub-clause 8.2.1. shall be added: Any delay caused by an event of FORCE MAJEURE that is not notified by the impacted PARTY to the other PARTY within the aforementioned timeframe, shall under no circumstances be construed to grant Extension of Time.
With reference to Art 8.6 of the GPC, the single period of continued FORCE MAJEURE shall be read as twenty (20) days, while the aggregate period shall be sixty (60) days.
B.5 VENDOR DOCUMENTS
Void.
B.6 REMEDY OF DEFECTS AND WARRANTIES
With reference to Art.14.2 of the GPC, the WARRANTY PERIOD will expire after:
twenty-four (24) months from the date of PROVISIONAL ACCEPTANCE CERTICATE or fifty-two (52) months from the date of the actual delivery of GOODS, whichever occurs first. In case the delivery of the GOODS in batches, reference shall be made to the date of completion of the delivery.
With reference to Art.14.3 of the GPC, if the VENDOR alters, repairs or replaces any defective GOODS and/or WORKS, or portion thereof, the WARRANTY PERIOD with respect to the altered, repaired or replaced GOOD or WORK, or portion thereof, will be extended for additional twenty-four (24) months from the completion date of alteration, repair or replacement.
B.7 VENDOR’S INSURANCE OBLIGATIONS
The following paragraph shall be added to article 26.1 letter c) and e) of GPC:
c) the limits of such Product Liability insurance shall be not less than USD 5.000.000,00 per occurrence singularly per event (pollution, damage cause to third party property etc.) to insure BUYER, its officers, trustees, employees, and agents against any claim or claims for damages resulting, directly or indirectly, from the intentional or negligent acts of vendor in connection with the performance of its obligations under this CONTRACT or the defective performance of any of the Equipment.
e) the limits of comprehensive General Liability shall be not less than USD 5.000.000,00 per occurrence singularly per event to ensure BUYER, its officers, trustees, employees, and agents against any claim or claims for damages resulting, directly or indirectly, from the intentional or negligent acts of vendor in connection with the performance of its obligations under this CONTRACT or the defective performance of any of the Equipment.
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The following article 26.6 shall be added to this section of GPC:
Payment of any insurance claims to VENDOR shall be in Algerian Dinars.
B.8 EXPEDITING, INSPECTION, SHIPPING AND SITE ASSISTANCE DIGITAL
SOLUTIONS
VENDOR shall ensure access to manufacturing and testing facilities with the utilization of smart communication tools upon BUYER’s request.
VENDOR shall ensure the availability of the Packing List data (as per these Special Purchase Conditions) and related certificates and/or documentation in order to allow acceptance procedures from BUYER.
VENDOR shall ensure the remote assistance with the utilization of smart communication tools upon BUYER request.
Access to internet is therefore mandatory for the VENDOR and details on how to operate shall be provided in the Supply Specifications (within the MR).
B.9 LANGUAGE
The following wording shall be added at the end of Art. 31 of the GPC: VENDOR shall submit VENDOR DOCUMENTS in English and/or French language according to the language requirements set forth in the Material Requisition (MR) and relevant attached technical specifications, with specific reference to the Doc. no. 4439-YZ-PC-000000103 – “VENDOR DOCUMENT MANAGEMENT PROCEDURE” and Doc. no. 4439-SZ-PM- 000000005 – “ARH DOSSIERS REQUIREMENTS FOR SUPPLIERS”. The translation of VENDOR DOCUMENTS, where required, including but not limited to Preliminary Dossiers, Final documentation - Manufacturer Data Book (MDB), Installation, Operation and Maintenance Manual (IOM), shall be at VENDOR’s care and charge. BUYER, at his sole discretion, may accept certain VENDOR DOCUMENTS in English only, provided that VENDOR has previously obtained an agreement with BUYER. BUYER is entitled to reject any VENDOR DOCUMENT that is poorly drafted and/or poorly translated. For what concerns the Packing Lists (“P/L”) and MSDS (Material Safety Data Sheet – for hazardous GOODS, if any, included in VENDOR’s scope of SUPPLY), VENDOR is required to produce such documentation bilingual, in both English and French language.
B.10 GOVERNING LAW
Void.
B.11 DISPUTE RESOLUTION
With reference to article 33 of GPC, any dispute arising out of or in connection with the CONTRACT, including those relevant to its validity, execution and termination, which cannot
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be amicably settled within thirty (30) days from the date of notice of either PARTY, shall be settled according to the Rules of the Milan Chamber of Arbitration (“RULES”) by one or more arbitrators appointed in accordance with the said RULES. The arbitrator(s) shall decide according to the applicable law. The arbitral award shall be final and binding upon the PARTIES. The place of the arbitration shall be Milan (Italy) The language of the Arbitration shall be English. Where a dispute is referred for resolution pursuant to this Article the VENDOR shall not suspend or delay the performance of the CONTRACT.
B.12 NOTICES AND COMMUNICATIONS
Article 35 of GPC is supplemented with the following: “All notices and communications between the VENDOR and the BUYER and all documentation relevant to the PURCHASE ORDER execution included but not limited to certificates, drawings, packing list, etc., shall be written in English. VENDOR, within two (2) weeks from the award of CONTRACT, shall send to BUYER the List of persons involved in the PROJECT using the form LINE OF COMMUNICATION, ANNEX 2 to these SPC. DOCUMENTS sent by VENDOR to BUYER shall always specify the reference CONTRACT Number and shall be delivered by express courier to the following addresses:
Contractual documentation and correspondence:
a) ACCEPTANCE LETTER duly signed, SPC and GPC duly signed, and all subsequent
CONTRACT amendments, if any, shall be addressed to:
Tecnimont S.p.A. or Tecnimont Algeria Branch c/o Tecnimont S.p.A. Purchasing Department Via Gaetano De Castillia 6A - 20124 Milan, Italy Att. (see Buyer’s name indicated in the PO)
b) All other contractual correspondence shall be addressed to:
Tecnimont S.p.A. Via Gaetano De Castillia 6A, 20124 Milan, Italy LAB Task Force Att. (see Procurement Co-Ordinator’s name in PO)
With copy to:
Tecnimont S.p.A. Purchasing Department Via Gaetano De Castillia 6A, 20124 Milan, Italy Purchasing Department Att. (see Buyer’s name in PO)
c) Invoicing and payment (and supporting documentation) shall be addressed to:
For PO issued by Tecnimont S.p.A. Tecnimont S.p.A Via Gaetano De Castillia 6A, 20124 Milan, Italy [Accounting Department]
For PO issued by Tecnimont Algeria Branch
With copy to: Tecnimont S.p.A Via Gaetano De Castillia 6A, 20124 Milan, Italy LAB Task Force Att. (see Procurement Co- Ordinator’s name in PO)
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Tecnimont Algeria Branch 13, Rue de Palmiers 16003 El Biar - Alger, Algeria [Accounting Department]
VENDOR, before issuing invoices to BUYER, must send to PPC/PPM the Progress Milestone Certificate (PMC), duly fulfilled by VENDOR with achieved milestones of payment (defined in the PURCHASE ORDER). VENDOR will be entitled to issue invoices for payment only after receipt of the approval of this PMC.
d) Technical documentation and relevant correspondence:
All Technical Documentation shall always be delivered to the Engineering dept. / Issuer name indicated in the Supply Specification as part of or in MATERIAL REQUISITION.
Tecnimont S.p.A. Via Gaetano De Castillia 6A, 20124 Milan, Italy [Engineering Department – ref. names and details in the PO]
With copy to:
Tecnimont S.p.A. Via Gaetano De Castillia 6A, 20124 Milan, Italy [Inspection Coordinator – see names and details in PO]
e) Monthly Progress Report
VENDOR shall send to BUYER his Monthly Progress Report with the status of fabrication activities by the fifth working day of the month following the reporting month closure.
f) Correspondence between VENDOR and BUYER
VENDOR shall note that E-mails and other forms of electronic communication between personnel of BUYER and VENDOR by email is for the expedient transfer of technical data only.
In the event VENDOR believes to have received an instruction by the BUYER’s personnel that amounts to a CHANGE then VENDOR shall request, only by means of formal letter addressed to the BUYER’S REPRESENTATIVES, a written confirmation of such an instruction that may be, or may result in, a CHANGE.
VENDOR shall receive this confirmation only from BUYER’S REPRESENTATIVES through formal correspondence, or other contractually correct communication vehicle, before acting on such an instruction. No alternative means of communication will be adopted by VENDOR to notify a CHANGE to BUYER, unless differently agreed with the BUYER’S REPRESENTATIVE from time to time.
B.13 ORGANISATIONAL MANAGEMENT AND CONTROL MODEL, CODE OF ETHICS,
BUSINESS INTEGRITY POLICY
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If BUYER is TECNIMONT S.p.A. (Italy) the Art. 36.1 of GPC is replaced by the following:
“The BUYER has adopted an Organizational Management and Control Model (“Model”) in compliance with applicable laws, the Code of Ethics and the Business Integrity Policy. These documents are available on the following internet website https://www.mairetecnimont.com>.
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Therefore, since the BUYER makes reference to the principles set forth in the Model, the Code of Ethics and the Business Integrity Policy in the management of its business and the management of the relationships with its suppliers of services, the VENDOR hereby expressly undertakes: (i) to abide by such principles in the execution of the CONTRACT and not to commit any crimes listed in the Model and in the Business Integrity Policy; and (ii) to cause its subcontractors to abide by them as well as not to commit any crimes listed in the Model and in the Business Integrity Policy.
In case of violation by VENDOR of the provision of this Article 36.1, the BUYER shall have the right to terminate the CONTRACT immediately.”
The wording of Art. 36.2 GPC is replaced by the following updated version:
The VENDOR also acknowledges that the BUYER, as an affiliate of MAIRE S.p.A., company whose financial instruments are traded on the “EuroNext Milan” regulated market organized and managed by Borsa Italiana SpA, is, as such, subject – to other things – to the mandatory provisions of EU Regulation no. 596/2014 of the European Parliament and of the Council of 16 April 2014 (together with the related implementing regulations and technical specifications issued by ESMA, “Market Abuse Regulation” or “MAR”). In consideration of the above, the VENDOR acknowledges that some information about MAIRE S.p.A., the BUYER and the affiliates of MAIRE S.p.A, as well as their activities in relation to the SUPPLY and this PO, could be qualified by MAIRE S.p.A. as “privileged information” for the purposes referred to in the MAR. Therefore, the VENDOR hereby declares to be informed about the mandatory provisions of the MAR available on the EUR-Lex website (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A32014R0596) and, in particular, with the provisions of articles 7, 8, 10, 12 and 14 of the MAR.
B. 14 CONFIDENTIALITY
Art.23.1 is supplemented by the following:
For sake of clarity CONFIDENTIAL INFORMATION shall include, but not limited to, information relating to the PROJECT and/or the OWNER, LICENSOR, its technology and/or any of their Affiliates and their businesses, financial conditions and assets, disclosed by the BUYER and/ or its affiliates or acquired by the VENDOR before or after the PURCHASE ORDER ISSUE DATE.
In article 23.2 the term “20 years”’ is replaced by “10 years”.
Art.23.2 is supplemented by the following:
In respect of CONFIDENTIAL INFORMATION pertaining to the LICENSOR and/or its technology used in connection with the PROJECT, VENDOR’s confidentiality obligations shall continue indefinitely from the date of the relevant disclosure, whether or not the SUPPLY has been completed, or the CONTRACT has expired or been terminated.
Art.23.3 shall also apply to LICENSOR’S CONFIDENTIAL INFORMATION.
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B.15
INTELLECTUAL PROPERTY RIGHTS
Add the following to Art. 24 of GPC:
In the event that, during his WORK in relation to the present CONTRACT, the VENDOR makes an invention of any process, machine, factory, work or object, the property of such an invention
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shall remain vested with VENDOR, while BUYER/OWNER shall have the right to use these inventions in connection with the GOODS without any additional payment but subject to BUYER’s and OWNER’s confidentiality obligations set forth in this CONTRACT.
B.16 TAXES
Add the following to Art. 25.1 of GPC: Outside Algeria: All taxes, rights and charges of the VENDOR, out of Algeria, in relation to this PURCHASE ORDER will be under the responsibility of the VENDOR and may in no case be claimed by the VENDOR to the BUYER.
Inside Algeria (for Algerian suppliers only): The VENDOR is subject to the rules of common law of taxes. The VENDOR shall take all the steps with the administration Algerian tax, to fulfil these obligations. The VENDOR is responsible for all declarations on this regard. The VENDOR cannot in any case claim their refund to the BUYER or be invoked as a ground for increase the price of the PURCHASE ORDER.
All taxes, rights and charges of the VENDOR, in Algeria, in relation to the present PURCHASE ORDER, will be the responsibility of the VENDOR and included in the PURCHASE ORDER price.
TAXES ON WAGES AND SOCIAL SECURITY CONTRIBUTIONS FOR THE STAFF OF THE VENDOR AND ITS SUPPLIERS All taxes on salaries and social charges due in Algeria, in relation to the staff working under the responsibility of the VENDOR are under the responsibility of the VENDOR and included in the PURCHASE ORDER price. The VENDOR is responsible for all the declaration to be made to this regard.
B.17 TERMINATION FOR DEFAULT
The following sentence shall be added at the end of Art. 27.3 of GPC:
Notwithstanding the procedure for recognition and/or acquisition by BUYER of the SUPPLY, materials, equipment, site facilities and works, VENDOR remains liable for the GOODS and the WORKS executed by itself and/or its SUB-VENDORS, for twenty-four (24) months from the date of termination.
B.18 RETENTION OF RECORDS
Article 34.1 of GPC is replaced by the following: “The VENDOR shall, at no additional cost to the BUYER, retain all the documents relating to the CONTRACT for a minimum period of ten (10) years from the date of the PROVISIONAL ACCEPTANCE CERTIFICATE.
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C
PROJECT PROCUREMENT PROVISIONS
C.1 SPARE PARTS
The following definitions used in this Section shall have the meaning ascribed to them here below.
C.1.1 Definitions
CONSTRUCTION AND COMMISSIONING SPARE PARTS – shall mean the spare parts which are used during the construction and commissioning phases, including start-up and testing, up to the issue of the PROVISIONAL ACCEPTANCE CERTIFICATE (PAC).
INITIAL SPARE PARTS – Not applicable
INSURANCE SPARE PARTS (or CAPITAL SPARE PARTS) - are as defined and approved by OWNER based on the recommendations of VENDOR. Parts of equipment, equipment assemblies or complete items of equipment satisfying the following characteristics:
-
Critical spare of a critical equipment.
-
Not subject to deterioration by normal use.
-
Very long Lead Time (LT) – say > 24 weeks.
-
Very slow moving item / non-moving item.
-
High unit value (> $ 10,000.00).
TWO-YEARS OPERATING SPARE PARTS - means the spare parts which are used to cover the day to day maintenance of the equipment or plant, after the first year of operation. These spares are used for scheduled maintenance, overhaul, inspection, breakdown maintenance, predictive maintenance, preventive maintenance etc.
C.1.2 Requirements
• Where applicable, VENDOR is required to submit a quotation for and INITIAL SPARE
PARTS, together commercial and technical offer of main equipment.
• For TWO-YEARS OPERATING SPARE PARTS, VENDOR will submit a complete SPIR (Spare Parts Interchangeability Record) in accordance with the form attached to the PURCHASE ORDER, within 3 months from the PURCHASE ORDER ISSUE DATE. If requested, VENDOR will insert the data directly on OWNER’s electronic tool for spare parts management.
• On BUYER’s request, VENDOR shall accept additional purchase orders, issued by BUYER or OWNER, for TWO-YEARS OPERATING SPARE PARTS at the unit prices and conditions set forth in the PURCHASE ORDER for a period of 18 months from the date of submittal of acceptable SPIR by OWNER or 24 months from the PURCHASE ORDER ISSUE DATE, whichever is the sooner.
• VENDOR shall guarantee availability of spare parts and wear parts for the GOODS for BUYER and/or OWNER for a minimum period of 10 years from the PROVISIONAL ACCEPTANCE of the PLANT and therefore VENDOR will accept purchase orders for spare parts and wear parts to BUYER or to OWNER for the same period at terms and conditions to be mutually agreed and at market standard prices.
• VENDOR shall notify BUYER and OWNER at least 1 (one) year in advance about the decision to stop the production of spare parts and wear parts relevant to the GOODS.
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• VENDOR shall guarantee that the supplied spare parts shall be new, of first quality and shall comply with the technical characteristics prescribed in the CONTRACT for the original parts. Spare parts shall be free from any DEFECT.
• Moreover, VENDOR shall guarantee the perfect interchangeability of the supplied
spare parts with the corresponding original parts.
•
• Spare parts for erection, pre-commissioning, commissioning and start-up phase are included in the base scope of SUPPLY according to the MATERIAL REQUISITION and/or the PURCHASE ORDER. “SPECIAL TOOLS” are those tools or equipment necessary for the erection and start- up of the GOODS until PAC or Take Over Certificate. SPECIAL TOOLS can be included in the scope of SUPPLY of the CONTRACT since its effective date, or purchased during PROJECT execution. VENDOR is required to indicate and propose to BUYER the SPECIAL TOOLS needed for the supplied GOODS.
C.2 PROTECTION, PACKING AND MARKING OF GOODS
C.2.1 Instructions for GOODS transportation and storage at SITE
VENDOR shall provide all the instructions for various handling operations, transport and for the preservation of the GOODS during the transit time and for an outdoors storage at the SITE at ambient temperature ranging between extremes of 1°C and 47°C with a max relative humidity value of 79%; maximum temperature of 85°C as temperature of surfaces exposed to sun.
C.2.2 GOODS protection
The VENDOR shall have the GOODS packed according to:
− Packing Specification: No. TM 077/13E; − Requirements contained in the MATERIAL REQUISITION and in the PURCHASE ORDER;
and shall take measures for the preservation of the GOODS from any damage and corrosion during their transportation by sea, railway and combined transport, taking into account possible trans-shipment in transit, as well as storage at the OWNER’s warehouse within twelve (12) months from the date of arrival at the SITE. The packing shall be suitable for loading by crane as well as for trans-shipment in freight transport, trailers, tracks and for the trans-shipment by fork lift, in so far as the weight and volume of individual packages allow.
Prior of packing all the machined parts of the equipment shall be protected with suitable anticorrosion coating that shall provide the preservation of the equipment and materials and Spare Parts and the preservation from any damage and corrosion in transit and storage. The accompanying documentation for the protected equipment shall contain the recommendations as to removal of the protective coating with suitable agents, known and available to the OWNER.
It is VENDOR’s responsibility to pack the small and fragile goods in individual, light packages like boxes, sheaths, polythene bags or equivalent suitable for the GOODS being packed and for their preservation.
All GOODS shall be easily identifiable. The spare parts shall bear the reference to the machine or equipment they constitute a stock of. The individual light containers shall be packed in a larger case (such as foundation bolts, embodiments, anchors, welding rods, etc.).
The loose accessories, commissioning and start-up / mandatory / operation spare parts and
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SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
TCM IDENTIFICATION CODE
4439-ZZ-BP-0000000001
SHEET 13 / 19
ISSUE 02
special tools shall be separately packed and marked according to the above mentioned categories with reference to equipment item No.
Loose accessories in package or bundle shall be labelled by VENDOR, indicating CONTRACT No., PROJECT identification, name of main equipment, name of accessories and its position number and accessory number, on assembly drawings. Spare parts and tools shall be marked with the words “Spare Parts” or ‘’Tools’’ in addition to above particulars.
Should the GOODS be damaged or lost due to VENDOR’s improper packing and/or inadequate protective measures, the VENDOR shall be liable for the repairing, replacement and/or compensation according to Art. 14 of GPC.
C.2.3 GOODS marking
The GOODS shall be marked in accordance with the item code numbers set forth in the MATERIAL REQUISITION, in the PURCHASE ORDER and in these SPC.
VENDOR shall stencil each case, box, crate, pieces etc. with indelible paint or with a metal plate resistant to weather conditions in English language. Each package shall be marked on three sides: on two adjoining sides and on the top.
The marking shall be applied clearly and shall contain information as per ANNEX 3 - MARKING attached to these SPC. The cases which need special handling shall have additional marking in English:
− Handle with care − Top − Do not turn over
Additional marks shall be applied as necessary on the basis of specific features of the equipment.
On the cases weighting over 1 ton as well as on the cases over 1 meter high, the location of the centre of gravity shall be shown on two (2) adjoining sides with indelible paint by mark and letters, as well as its coordinates (length, width, height) and sliding points.
Spare parts shall be marked with labels well fixed to each part or group of identical parts collected in a single preliminary packing. The inscription on the labels shall be made by VENDOR with indelible paint or other suitable method so that the extreme temperatures within the range of 1°C and 47°C with a max relative humidity value of 79%; maximum temperature of 85°C as temperature of surfaces exposed to sun. could not make effect on them.
The inscription shall be made in English language and shall contain the following data:
− name of the manufacturer; − −
item number according to the packing list; item number of the major equipment according to the flow sheet showing the instrumentation piping to which the spare parts relate.
All the cases, crates, parcels as well as packages not requiring any packing shall have the following numbering: the number of packages for each delivery lot is marked with a fraction where the denominator corresponds to the total number of packages forming the lot and the numerator corresponds to the progressive number of each package of the said lot.
Marking labels might be provided by the BUYER through the software solution, unless otherwise indicated by BUYER.
C.2 4 Handling and Storage Marking
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SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
TCM IDENTIFICATION CODE
4439-ZZ-BP-0000000001
SHEET 14 / 19
ISSUE 02
The VENDOR shall indicate the recommendations for storage of the GOODS on SITE using the following conventional symbols (if not modified in MR) for each package as specified in “Packing Specification” attached to MR/PO, here below summarized:
A - STORAGE IN OPEN AIR
B - STORAGE UNDER SHED
C - STORAGE IN CLOSED DRY UNHEATED PREMISES
D - STORAGE IN CLOSED HEATED PREMISES
E - STORAGE IN CLOSED AIR CONDITIONED PREMISES
C.3 SIZE AND WEIGHT OF PACKAGES
C.3.1 Limits of packing dimensions
VENDOR, in order to allow maximum utilization of containers (20’ and 40’) shall keep, when applicable, overall packing dimensions within the following:
= length (I)
width (w) height (h)
gross weight =
5,80 (cnt 20’) or 11.80 (cnt 40’) meters 2.20 meters 2.20 meters 18 (cnt 20’) or 20 (cnt 40’) metric tons
Packages shipped by railway or by road shall not exceed the following dimensions:
Railway or road transports: length (l)
width (w)
= height (h) gross weight =
11.80 m 2.40 m 2.40 m 20.0 metric tons
C.3.2 Oversize and heavy lift packages
All packages exceeding even one of the sizes have to be considered Oversize/Heavy Lift:
= length (I)
width (w) height (h)
gross weight =
12.00 meters 2.50 meters 2.50 meters 20.00 metric tons.
C.3.3 Small Individual Packages
Packages with a volume up to 1 m³ and/or 500 kg - approximately - are considered “Small Package” and, if applicable, shall be consolidated by the VENDOR together with other larger packages of the P.O. and for the same shipment. In case the whole supply consists in only one individual “Small Package”, the VENDOR shall pack the supply in a domestic packing box suitable for the applicable transportation to the delivery point indicated in the P.O. Subsequent collection in larger packing will be the responsibility of Buyer at his own cost. Material pertaining
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This document is Tecnimont’s property, and cannot be used by others for any purpose, without prior written consent
SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
TCM IDENTIFICATION CODE
4439-ZZ-BP-0000000001
SHEET 15 / 19
ISSUE 02
to two or more different P.O., shall not be packed together, in particular the grouping of material in each package shall be made among materials of the same nature and in such a way to allow an easy organization of field warehousing. Material under the same P.O. but with different delivery points shall be packed separately.
C.3.4 Containerization
BUYER shall be entitled to ask for equipment, duly packed as per TM077/13, to be shipped in containers provided by the BUYER. In this case BUYER shall agree with VENDOR about the type of container to be used, i.e. 20’ or 40’ box, Open Top (O.T.), Flat rack.
The stowing and fastening of the equipment into containers shall be at VENDOR’s care and cost. The VENDOR shall take all the necessary measures to perfectly balance the load inside the containers and provide an adequate stowage and fixing of packages by using wedges, wooden boards, steel cables, etc.
Should VENDOR refuse or not be able to load GOODS into containers, BUYER might entrust BUYER’s Freight Forwarder and back-charge the relevant costs to VENDOR.
In case the POINT OF DELIVERY specified in the PURCHASE ORDER is FOB, VENDOR shall also bear the terminal handling charges (THC) of containers at the loading port.
C. 4 SHIPPING INFORMATIONS & PACKING LIST
C.4.1 Preliminary Packing List and Shipping information
VENDOR shall share within ninety (90) days from PURCHASE ORDER ISSUE DATE, through email or indicated software solution, the documents listed below with the PPM/PPC, BUYER’s Expediting & Inspection Department, Engineering Dept, Logistics Department:
One (1) copy of the Preliminary packing list that must show at least:
− point(s) of delivery −
for each package: estimated overall sizes (cm), net and gross weight (kg), volume (m3), type (case, saddle, crate, bundle, etc.);
− estimated total net and gross weight as well as total volume; − special requirements for transportation/storage conditions; −
information and relevant applicable documentation for GOODS which have special requirements/characteristics (during as: transport/handling/storage), shock prevention, hazardous material
temperature
restrictions
such
− Three (3) copies of Preliminary Transportation Drawings (three sized projections) for any Oversize/Heavy Lift item, showing the length, width and height (including its relevant packing and/or saddles) with the required sections of all protruding parts, giving a full idea of shape of case, indicating the net and gross weight, the sling / lifting and lashing points and the axis of centre of gravity (length, width, height).
Three (3) copies of the updated Transportation Drawings (three sized projections) will have to follow not later than ninety (90) calendar days before contractual delivery date, showing the precise length, width and height with the required sections of all protruding parts, giving a full idea of shape of case, indicating the net and gross weight, the sling / lifting and lashing points and the axis of centre of gravity (length, width, height).
Within fifteen (15) calendar days, the BUYER shall approve, comment or reject these Transportation Drawings. The approval of the Transportation Drawings by the BUYER shall signify his general agreement with the proposed arrangement of the GOODS for transportation
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TCM IDENTIFICATION CODE
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SHEET 16 / 19
ISSUE 02
and shall not relieve the VENDOR of any of his obligations or responsibilities under the P.O.
In case of changes in the equipment configuration by the VENDOR, the VENDOR shall timely resubmit to the BUYER the revised Transportation Drawings. No oversize or heavy lift package shall be released for shipment without prior BUYER’s approval of the relevant Transportation Drawings.
If, according to the P.O., the VENDOR has to deliver the GOODS at his own premises (FCA), the BUYER shall be responsible for the obtainment of the required road transport permits from the competent Authorities. To this end, around forty-five (45) calendar days before the contractual delivery date, the BUYER shall submit to the VENDOR a declaration stating dimensions, weight and departure place for every single oversize package to be delivered, based on information received by VENDOR. Within one (1) working day from the receipt, the BUYER shall return the aforesaid declaration to the BUYER, duly signed for acceptance or amended as the case may be. Thereafter the BUYER shall proceed with the submission of the required documents to the competent Authorities. Should the BUYER incur any additional expense due to non compliance of the oversize/heavy lift packages with the aforesaid declaration, all such additional costs shall be charged to the VENDOR.
C.4.2 Documentation at GOODS “Ready for delivery”
Immediately after the satisfactorily final inspection of the GOODS, the VENDOR shall notify, through email or dedicated software solution, to the BUYER that the GOODS are “Ready for delivery” along with:
a. Copy of Final Packing List (Master + Single) prepared in accordance with the instructions available on the Maire Tecnimont website through the following link “Deliver materials | Maire Tecnimont” https://www.mairetecnimont.com/en/solutions/global-procurement/deliver-materials/
b. Copy of Certificates and permits under VENDOR responsibility required for customs
clearance.
c. Copy of Original Certificate of Origin (for all goods originated extra EEC), certified by
Local Chamber of Commerce to be sent to Logistics Department.
d. Copy of Original Declaration of Origin (for all goods originated in EEC), issued on VENDOR’s letterhead and duly signed by a Legal Representative to be sent to BUYER’s Logistics Department.
e. Copy of BUYER’s approved Transportation Drawing for each oversize/heavy lift item.
f.
(if applicable) Free Export Declaration stating that the GOODS are not subject to export restrictions (for example, but not limited to, the GOODS are not included in Regulation (EU) No. 821/2021 regulating the export, transfer, brokering and transit of DUAL USE materials).
g. In case the GOODS will be imported into the European Union, for iron and steel products listed in Annex XVII of Regulation (EU) 833/2014 (as lately amended), copy of the Mill Test Certificate(s) as better described in Article (A1) of the PURCHASE ORDER. This letter will not be applicable if no GOODS will be imported into the European Union.
Moreover, VENDOR shall share the digital copy of the original document on a dedicated area.
VENDOR shall provide the above documents under its responsibility and at its own cost.
As document accompanying the Equipment and material, the VENDOR shall issue a “Delivery Transport Document” only. The invoice will not be issued as accompanying document.
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SHEET 17 / 19
ISSUE 02
The VENDOR shall not consider all his contractual obligations as fulfilled until all the required documents have been formally delivered and approved by BUYER.
If VENDOR is not able to provide together with the notification of “Ready for Delivery” the copy of the Mill Test Certificate(s) in the case set out under letter g) above, or is not able to ensure that the conditions set out in the PURCHASE ORDER under Article (A1) are met, the VENDOR must immediately inform the BUYER which will be entitled not to perform its Contract obligations and to all other remedies provided under this CONTRACT.
Vendor will deliver or ship the GOODS only after having received BUYER’s authorization.
Notification to BUYER shall be done through the dedicated software solution (if applicable) or in writing according to Expediting & Inspection department guidelines.
C.4.3 Storage at VENDOR’s premises
Upon written request of the BUYER, the VENDOR shall store the GOODS under VENDOR’s responsibility and care in appropriate premises in condition conforming to the standards of the state of the art for their perfect conservation.
No compensation is due from the BUYER if such storage period does not exceed the period of months specified in the PURCHASE ORDER (Free Storage).
Beyond the above period, the VENDOR shall continue to provide storage, safeguard and insurance for the GOODS and material at the monthly compensation according to the conditions set forth in the PURCHASE ORDER.
C.4.4 Export Compliance Details
As soon as possible the VENDOR shall submit the draft Export Compliance Details (as per the form in ANNEX 4 – EXPORT COMPLIANCE DETAILS FORM to these SPC) for review by BUYER’s Export Compliance Officer.
Not later than one hundred eighty (180) days before contractual delivery date, VENDOR shall submit to BUYER, the Export Compliance Details as reviewed by BUYER’s Export Compliance Officer.
Failure by the VENDOR to submit the reviewed Export Compliance Details within the time limit indicated herein will constitute a material breach of VENDOR’S obligations and will entitle BUYER to terminate the CONTRACT pursuant to Article 27 (Termination For VENDOR’S Default) hereof, without prejudice to any other right or remedy it may have under the CONTRACT.
C.4.5 Packing List (“P/L”)
Not later than ninety (90) calendar days before contractual delivery date, VENDOR shall send, through email or dedicated software solution, to BUYER’s PPC/PPM, Expediting & Inspection Department/Logistics Department three (3) copies of the updated Packing List, showing at least:
− All the information provided in article C.4.1, plus: − special requirements for transportation/storage conditions; −
for “Hazardous materials” safety data sheets (in English language) according to international trade codes such as IMO, IATA, including items name, characteristics, special handling and protective measures as well as procedures in case of accident; for GOODS which have special requirements due to temperature, shock and storage temperature consideration, a declaration stating special precaution to be taken for storage of the goods.
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SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
TCM IDENTIFICATION CODE
4439-ZZ-BP-0000000001
SHEET 18 / 19
ISSUE 02
The number to be assigned to the P/L shall correspond to the number of the CONTRACT followed by /01 (e.g. 75000XXXXX/0001) and, in case of partial deliveries, shall be progressively numbered with /02, /03 etc.
The P/L shall be prepared in accordance with the instructions available on the Maire Tecnimont website through the following link “Deliver materials | Maire Tecnimont”, and in any case shall include at least the following information:
− Marking of package; − CONTRACT number; − Net and gross weights and size of each package; − List of the equipment and/or separate components which are loosen part of the
equipment or related spare parts;
- HS Codes of the goods
- Country of origin of the goods − Final technical documentation.
Upon Final Inspection and/or Packing Inspection, when applicable, P/L must be updated and completed with VENDOR’s stamp and signature.
One (1) hardcopy of the P/L in a waterproof envelope shall be enclosed in the case with the equipment, materials and Spare Parts supplied and two (2) hardcopies shall be fastened outside to the wall of the case. The envelope fastened to the external wall of case shall be covered with a thin metal plate fixed to the case or spot welded directly to metal parts of equipment, in case the equipment is delivered unpacked.
Packing and inspection of all packing, protection, MRB and technical documentation, will be subject to inspection by the BUYER’S Inspectors who may refuse to release any shipment not complying with the instructions of these SPC.
The VENDOR shall include for every case a Packing List with the description in English and French language of the GOODS, as well as their individual components, the number of contract, the number of items according to the specification, gross/net weight for every package, nine-digit code of the cargo in accordance with the “Harmonized system of description and coding of goods” (HS code).
The relevant notification to BUYER shall be done through the dedicated software solution (if applicable) or in writing according to Expediting & Inspection department guidelines.
C.5 EXPORT BENEFITS
This paragraph shall be applicable to GOODS of Italian origin only.
The GOODS shall be exported in the name and on behalf of BUYER, based on BUYER’s invoice only. Any benefit that might arise there from shall be on BUYER’s name and benefit.
C.6
IMPORT REGULATION
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In connection with the performance of this CONTRACT, VENDOR acknowledge that the import and customs laws and regulations of Algeria shall apply to the furnishing and shipment of any equipment or components thereof to, and performance of works in Algeria.
In particular, with reference to the SENSITIVE EQUIPMENT, the VENDOR shall be fully responsible for the preparation and transmission to the BUYER of the import authorization files
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SPECIAL PURCHASE CONDITIONS
LINEAR-ALKYL-BENZENE (LAB) PROJECT SKIKDA (ALGERIA)
TCM IDENTIFICATION CODE
4439-ZZ-BP-0000000001
SHEET 19 / 19
ISSUE 02
in line with the applicable Algerian regulations. All documentation required by the competent authorities shall be submitted by the VENDOR to the BUYER for review before their transmission by the latter to the Algerian authorities.
The VENDOR shall remain fully responsible for the documentation provided and shall respond, within the required deadlines, to all comments on these files eventually raised by the competent authorities and ensure the lifting of the reservations expressed.
C.7 PERSONAL DATA PROTECTION
The VENDOR undertakes to process personal data involved in the activities under this CONTRACT, in compliance with the Regulation (EU) 2016/679 of 27 April 2016 (GDPR) where applicable, and any other applicable law for the purposes of executing the CONTRACT only.
C.8 SPECIFIC ACCEPTANCE
The VENDOR confirms to have read, understood and accepted all the clauses of these SPECIAL PURCHASE CONDITIONS, and expressly accepts, after further analytical review, the following clauses: B.2 (Changes), B.4 (Force Majeure), B.10 (Governing Law), B.11 (Dispute Resolution), C.6 (Import Regulation).
VENDOR
ANNEXES:
ANNEX 1 – N.A. ANNEX 2 – Line of Communication ANNEX 3 – Marking ANNEX 4 – Export Compliance Details Form
VENDOR’S STAMP AND SIGNATURE
Date: _________________________
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Project: Q-32976 - Tecnmont SKIKDA Folder: RFQ Files