The Supply And Installation Agreement is essential for projects involving the procurement and implementation of equipment or systems where the supplier is responsible for both delivery and installation. This document type is particularly relevant under German jurisdiction, where it must comply with both the German Civil Code (BGB) and Commercial Code (HGB). It is commonly used in industrial, construction, and technology sectors where complex equipment or systems need to be supplied and professionally installed. The agreement covers crucial aspects such as technical specifications, delivery timelines, installation procedures, testing and commissioning requirements, warranty terms, and risk allocation. It's designed to provide clear responsibilities and liabilities for both parties while ensuring compliance with German technical standards and safety regulations.
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1. Parties: Identification and details of the contracting parties - supplier/contractor and customer
2. Background: Context of the agreement and brief description of the project scope
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. Scope of Supply and Installation: Detailed description of goods to be supplied and installation services to be performed
5. Contract Price and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and payment conditions
6. Delivery and Installation Timeline: Delivery schedules, installation milestones, and completion dates
7. Site Access and Conditions: Requirements and conditions for accessing the installation site, site preparation responsibilities
8. Testing and Acceptance: Procedures for testing, commissioning, and acceptance of installed equipment
9. Warranties and Guarantees: Warranty terms for equipment and installation work, performance guarantees
10. Health and Safety Requirements: Safety protocols and compliance with German health and safety regulations
11. Risk and Title: Transfer of risk and ownership of equipment and materials
12. Insurance and Liability: Insurance requirements and allocation of liability between parties
13. Intellectual Property Rights: Protection and licensing of intellectual property related to the supply and installation
14. Confidentiality: Protection of confidential information and trade secrets
15. Force Majeure: Provisions for handling events beyond reasonable control
16. Termination: Grounds and procedures for contract termination, consequences of termination
17. Governing Law and Dispute Resolution: Confirmation of German law application and dispute resolution procedures
18. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Bonds and Guarantees: Required when specific financial security is needed for project completion
2. Training and Documentation: Include when operator training and detailed documentation are required for the installed equipment
3. Maintenance Services: Optional post-installation maintenance services and terms
4. Export Control: Required when equipment or technology is subject to export control regulations
5. Environmental Compliance: Include for projects with significant environmental impact or requirements
6. Spare Parts Supply: Optional provisions for supply of spare parts post-installation
7. Software License: Required when software is part of the supplied equipment
8. Data Protection: Include when personal data processing is involved in the project
1. Technical Specifications: Detailed technical specifications of equipment to be supplied and installed
2. Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Project Timeline: Detailed project schedule including delivery and installation milestones
4. Site Requirements: Specific requirements for site preparation and access
5. Testing and Acceptance Procedures: Detailed procedures for testing and acceptance of installed equipment
6. Forms of Certificates: Template certificates for acceptance, completion, and warranty
7. Health and Safety Requirements: Detailed safety procedures and requirements
8. Warranty Terms: Detailed warranty terms and conditions
9. Insurance Requirements: Specific insurance requirements and coverage levels
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