Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 15 of 20
22.4,
22.5.
22.6.
22.7.
A} Notwithstanding the above, Supplier is not responsible to meet the Performance Guarantees
set forth in the Part 1 of the Contract for the Equipment if the Purchaser does not unload, store,
handle, install, test and commission the Equipment strictly as per written manuals provided by
the Supplier and under the this Agreement and under the Supplier’s supervision provided under
the Technical Services.
B) Furthermore, the verification measurement of the Performance Guarantees specified expressly
in the Parts 0 and 2 of the Contract Documents must be performed strictly in accordance with
the conditions of the Agreement and IEC standards. The Supplier must be informed at least
thirty (30) days before such measurement and must be allowed to participate at such
measurement, if requested. In the event the measurement is not performed within one
hundred and eighty (180} days from the date cf commissioning than such measurement shall
not be performed and the guaranteed parameters shall be considered as fulfilled.
The Warranty Period shall commence upon Commercial Operation and expire twenty four {24) months
from Commercia! Operation or thirty (30) months from the delivery of Equipment to the Project Site, or
Project Storage Facility whichever date is earlier (“Applicable Warranty Period”). If Equipment is not
delivered to the Project Site for any reason not due to the Supplier, then the Warranty shall commence
thirty (30) days from the date the Equipment was scheduled to be ready to be delivered as outlined in
Part 0, Article 6 and shall end thirty (30) months thereafter.
In the event that the Work is suspended by the Purchaser and any Equipment is completed or major
sub-supply has been received by the Supplier (generator, etc.) then the Warranty Period of twenty four
(24) months of such Equipment shall start from the date of written notification of the Purchaser of such
suspension as per Article 8.2 above.
The Warranty shall be valid only if the Purchaser has met all obligations under the Contract, the
Equipment is installed, commissioned and tested according to the Supplier's written manuals and under
the supervision of Technical Advisors under Technical Service and will be limited to any defects or faults
in the Work which are due to the quality or workmanship of the Supplier and will not cover such defects
or faults such as caused by:
22.6.1. Force Majeure Event, unusual operating condition;
22.6.2. Ordinary wear and tear and consumable supplies, abrasion or chemical pollution;
22.6.3. Defect or malfunction of the equipment or construction elements beyond the scope of the Work
{civil part (piers etc.), electric network etc.); or as a consequence of wrong input data provided by
the Purchaser;
22,.6.4.0perating procedures not in accordance with stated practice, failure or delay to provide
maintenance or remedial repairs, unauthorized changes or repairs or other causes not within the
Supplier's scope of responsibility or control;
22.6.5. a direct or indirect consequence of failure or defect of the equipment which wasn’t supplied by
the Supplier; or
22.6.6.improper unloading, storage, handling, installation, testing, commissioning or maintenance by the
Purchaser.
The Purchaser must notify the Supplier in writing of any suspected defects or faults in the Work covered
by the Warranty promptiy, but with thirty six (36) hours, of the discovery of such defects or faults.
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Mavel Americas, Inc.
