Performance Warranties Liquidated damages

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Contents
1 Performance Warranties,...................................................................................................4 2 Prerequisites 4 2.1 The installation was carried out by the Customer under the supervision o the !upplier.. " 2.2 The Customer punctually provides his chec#ed supplies and services............................" 2.3 The Customer a$rees a service contract with competent local service centres o the manu acturers o computers% peripherals and analysers or the period rom the start o commissionin$ until at least e&piry o the warranty period or dra t% wor# 'uality and materials. The initial inspection o the e'uipment demanded by the service contract partner also belon$s thereto. " 2." The system installation was carried out by Customer personnel under the supervision o !upplier personnel.................................................................................................................. " 2.( The operatin$ conditions accordin$ to the installation and maintenance manuals are ul illed or the entire e'uipment. ............................................................................................" 2.) *t the be$innin$ o the commissionin$ the Customer will ma#e the spare and wear parts ordered rom the !upplier available to the !upplier on the construction site and ensure that they are available to the personnel o the !upplier at any time. The spare parts are mounted by the Customer under the supervision o the !upplier. The spare parts ta#en by the personnel o the !upplier durin$ commissionin$ will be replaced by the !upplier. .................................." 2.+ ,n response to written re'uest by the !upplier% the Customer will provide technical personnel or operation and maintenance o the e'uipment who has been trained in the wor#shops o the !upplier and participated in the installation wor#. .......................................( 2.8 *ll instructions o the !upplier re$ardin$ operation% maintenance and other re'uirements will be obeyed. ( 2.9 The Customer provides electricity and consumables to the e&tent re'uired by the !upplierin such $ood time that neither the !upplier is hindered in his duties nor attainment o the necessary operatin$ conditions is delayed..............................................................................( 2.10 The entire material in eed system and dosin$ to the $rindin$ plant must be complete and continuously in operation. .......................................................................................................( 2.11 The scope o supply was commissioned in accordance with the contract......................( 2.12 The *cceptance .eport has been si$ned or is deemed to have been si$ned by both /arties. ( 2.13 *ll per ormance tests must be carried out in automatic operatin$ mode durin$ an uninterrupted period o time under the leadership and responsibility o the veri yin$ person. . ( 2.1" /er ormance test results are recorded by the provin$ party acc. to table 1 in a per ormance test report which will be si$ned by the Customer................................................( 2.1( *s soon as the /er ormance 0arranties have been ul illed% the Customer will si$n the !upplier1s per ormance test certi icate. ...................................................................................( , 1" days a ter ul ilment o the /er ormance 0arranties the Customer has not si$ned the Certi icate or reasons beyond the control o the !upplier% the /er ormance 0arranties will be considered as proven.............................................................................................................. ( 2.1) , the Customer is the provin$ party acc. to table 1 and no a$reement re$ardin$ the ul ilment o the /er ormance 0arranties can be reached on the basis o the per ormance test report durin$ the irst three months a ter the date o the e'uipment operation certi icate% then the !upplier may choose either to pay the 2i'uidated 3ama$es acc. to table 1 or to prove the per ormance warranties within a period o one urther month..................................................(

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,n case the !upplier proves the per ormance warranties without substantial modi ications o the e'uipment% the e&penses or the !upplier1s personnel on site arisin$ out o this proo will be char$ed to the Customer% else the !upplier will bear these e&penses. ..............................( The Customer is entitled to e&tend the period o one month in a$reement with the !upplier% provided that temporary operatin$ circumstances ma#e it impossible to carry out an optimisation or to conduct the per ormance test. ....................................................................( * special a$reement must then be made re$ardin$ the char$in$ o any e&tra costs the !upplier mi$ht incur................................................................................................................. ) 2.1+ , the /er ormance 0arranties cannot be proven or reasons which are the responsibility o the !upplier% then the !upplier is obli$ed% at his own e&pense and without undue delay% to introduce suitable measures or ma#e suitable modi ications to the system% in order to ensure that the 4'uipment satis ies the contractual re'uirements within a reasonable period o time. ) The !upplier is entitled to repeat the per ormance tests as many times as a$reed upon in table 1. ) The costs incurred by the !upplier due to the repeated per ormance tests will not be reimbursed by the Customer i the repetitions have to be made or reasons which are the responsibility o the !upplier...................................................................................................) 2.18 , a ter the number o repetitions acc. to table 1 the /er ormance 0arranties are still not achieved in per ormance tests despite the alterations and/or improvements carried out by the !upplier due to de iciencies in the $oods supplied% the one5time payment o li'uidated dama$es% to the e&clusion o any urther claims and re'uirements o the Customer% acc. to table 1 will be made to the Customer as compensation or all disadvanta$es arisin$ rom this non5 ul ilment o the per ormance warranties..........................................................................) 3 Verification of the test statistics.......................................................................................7 3.1 .epresentativeness o the samplin$.................................................................................+

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Performance Warranties,
The a$reed per ormance warranties or the /62*7 e'uipment and services% their scope o application with re$ard to the technical speci ications as well as all warranty parameters such as8 type o material material characteristic values test statistic period o the per ormance test provin$ party number o permitted veri ication repetitions compensation a$reements or the case o non5 ul ilment

and other measures are de ined in tab e 1.

Prerequisites
The ollowin$ principles apply or carryin$ out the per ormance test8

2.1

The installation was carried out by the Customer under the supervision o the !upplier. The Customer punctually provides his chec#ed supplies and services. The Customer a$rees a service contract with competent local service centres o the manu acturers o computers% peripherals and analysers or the period rom the start o commissionin$ until at least e&piry o the warranty period or dra t% wor# 'uality and materials. The initial inspection o the e'uipment demanded by the service contract partner also belon$s thereto. The system installation was carried out by Customer personnel under the supervision o !upplier personnel. The operatin$ conditions accordin$ to the installation and maintenance manuals are ul illed or the entire e'uipment. *t the be$innin$ o the commissionin$ the Customer will ma#e the spare and wear parts ordered rom the !upplier available to the !upplier on the construction site and ensure that they are available to the personnel o the !upplier at any time. The spare parts are mounted by the Customer under the supervision o the !upplier. The spare parts ta#en by the personnel o the !upplier durin$ commissionin$ will be replaced by the !upplier.

2.2 2.3

2."

2.(

2.)

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2.+

,n response to written re'uest by the !upplier% the Customer will provide technical personnel or operation and maintenance o the e'uipment who has been trained in the wor#shops o the !upplier and participated in the installation wor#. *ll instructions o the !upplier re$ardin$ operation% maintenance and other re'uirements will be obeyed. The Customer provides electricity and consumables to the e&tent re'uired by the !upplier- in such $ood time that neither the !upplier is hindered in his duties nor attainment o the necessary operatin$ conditions is delayed. The entire material in eed system and dosin$ to the $rindin$ plant must be complete and continuously in operation. The scope o supply was commissioned in accordance with the contract. The *cceptance .eport has been si$ned or is deemed to have been si$ned by both /arties. *ll per ormance tests must be carried out in automatic operatin$ mode durin$ an uninterrupted period o time under the leadership and responsibility o the veri yin$ person. /er ormance test results are recorded by the provin$ party acc. to table 1 in a per ormance test report which will be si$ned by the Customer. *s soon as the /er ormance 0arranties have been ul illed% the Customer will si$n the !upplier1s per ormance test certi icate. , 1" days a ter ul ilment o the /er ormance 0arranties the Customer has not si$ned the Certi icate or reasons beyond the control o the !upplier% the /er ormance 0arranties will be considered as proven. , the Customer is the provin$ party acc. to table 1 and no a$reement re$ardin$ the ul ilment o the /er ormance 0arranties can be reached on the basis o the per ormance test report durin$ the irst three months a ter the date o the e'uipment operation certi icate% then the !upplier may choose either to pay the 2i'uidated 3ama$es acc. to table 1 or to prove the per ormance warranties within a period o one urther month. ,n case the !upplier proves the per ormance warranties without substantial modi ications o the e'uipment% the e&penses or the !upplier1s personnel on site arisin$ out o this proo will be char$ed to the Customer% else the !upplier will bear these e&penses. The Customer is entitled to e&tend the period o one month in a$reement with the !upplier% provided that temporary operatin$ circumstances ma#e it impossible to carry out an optimisation or to conduct the per ormance test.

2.8

2.9

2.10

2.11 2.12

2.13

2.1" 2.1(

2.1)

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* special a$reement must then be made re$ardin$ the char$in$ o any e&tra costs the !upplier mi$ht incur. 2.1+ , the /er ormance 0arranties cannot be proven or reasons which are the responsibility o the !upplier% then the !upplier is obli$ed% at his own e&pense and without undue delay% to introduce suitable measures or ma#e suitable modi ications to the system% in order to ensure that the 4'uipment satis ies the contractual re'uirements within a reasonable period o time. The !upplier is entitled to repeat the per ormance tests as many times as a$reed upon in table 1. The costs incurred by the !upplier due to the repeated per ormance tests will not be reimbursed by the Customer i the repetitions have to be made or reasons which are the responsibility o the !upplier. 2.18 , a ter the number o repetitions acc. to table 1 the /er ormance 0arranties are still not achieved in per ormance tests despite the alterations and/or improvements carried out by the !upplier due to de iciencies in the $oods supplied% the one5time payment o li'uidated dama$es% to the e&clusion o any urther claims and re'uirements o the Customer% acc. to table 1 will be made to the Customer as compensation or all disadvanta$es arisin$ rom this non5 ul ilment o the per ormance warranties.

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3.1

Verification of the test statistics

!e"resentati#eness of the sam" ing
The ollowin$ prere'uisites or the proo are stipulated by mutual a$reement o the Customer and the !upplier8 5 5 5 5 5 5 continuous periods o per ormance tests% the desi$n o the samplers or re erence samples% the samplin$ point or ta#in$ re erence samples% the sample preparation lows or the types o material% readiness or use and availability o the sample preparation devices% calibration condition% readiness or use and availability o the analysers.

/roo 8 The proo is independently urnished by the provin$ party. 5 /62*79 samples8 The number o :collective; samples de ined or n1 in table 1 are automatically and continuously ta#en rom the production process by the respective /62*7 9 samplin$ system. 5 .e erence samples8 *t the same time and in parallel with automatic samplin$% individual samples are ta#en manually rom the production process near the installation point o the samplin$ system simulatin$ the access intervals o the /62*7 9 system. The number o :collective; re erence samples mentioned or n 2 in table 1 which have e'ual proportions by wei$ht% are so mi&ed in ade'uate mi&ers that these re erence samples correspond to the respective samplin$ interval o the individual /62*79 samples. The /62*79 samples and the re erence samples are prepared in the /62*7 9 automatic sample preparation unit in accordance with the procedure a$reed by the Customer and the !upplier or the respective type o sample material and they are analysed usin$ the provin$ instrument acc. to table 1. <rom the analysis results the material characteristic value accordin$ to table 1 is calculated or each sample.

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The values o this sample material characteristic are sub=ected to the statistic test procedure which tests the >null hypothesis :?0;>% or comparison o the mean values o two series o samples ta#en at random with accidental deviations o their variances and are compared with the t5distribution table acc. to 0. !. @osset% alias >!tudent> :1908;. <or this% the test statistic t is calculated rom the values o the sample material characteristic8

( x1 x 2 ) n1 n2 (1 t=

2 ) n1 + n2
2

(x
j =1

n1

1j

x1 ) + ( x 2 j x 2 )
2 j =1

n2

x1 =

1 n1

x1 j j =1

n1

x2 =

1 n2

x
j =1

n2

2j

x1 x2 n1 n2
x1 j

x2 j

A A A A A A

mean value o the material characteristic o the /62*79 samples mean value o the material characteristic o the re erence samples number o the /62*79 samples number o the re erence samples individual value o the material characteristic o the /62*79 samples individual value o the material characteristic o the re erence samples

The result o the test statistic t is compared with the warranted i$ure in table 1. This i$ure is ta#en rom the t5distribution table o 0. !. @osset :table 3; or the level o si$ni icance :with re$ard to technolo$y (B are accepted; which is the inde& o the test statistic in table 1% and rom the de$ree o reedom A n1 C n2 52 pertainin$ to the number o samples. 0hen the value or the test statistic t is not $reater than the warranted i$ure% the di erence between the /62*79 samples and the re erence samples is not si$ni icant and the warranty o the representativeness o the /62*7 9 samples is re$arded as proved.

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