JOINT CHEMICAL, BIOLOGICAL, RADIOLOGICAL AND NUCLEAR
DEFENCE CENTRE OF EXCELLENCE
CONTRACT OF WORK
entered into pursuant to the Act no. 89/2012 Coll., Civil Code, as amended
Contract number:
PCD 2017/097
(hereinafter referred to as the “Contract”)
1. Parties to the Contract
Name:
Registered office:
Company Reg. No.:
Tax Id. No.:
Represented by:
Telephone:
E-mail:
Joint Chemical, Biological, Radiological and Nuclear
Defence Centre of Excellence (JCBRN Defence COE)
Víta Nejedlého 3, 682 01 Vyškov, Czech Republic
75116278
CZ75116278
COL Vratislav Osvald, JCBRN Defence COE Director
973 452 801
[email protected]
(hereinafter referred to as “the Client”)
and
Name:
Registered office:
Company Reg. No.:
Tax Id. No.:
Represented by:
Telephone:
Bank details:
Account No:
(hereinafter referred to as “the Contractor”)
Jointly referred to as the “Parties”, individually as the “Party”,
Have entered into, on the below specified day, month and year, the present Contract of Work pursuant to
provisions of Section 2586 et seq. of the Act no. 89/2012 Coll., Civil Code as follows:
2. Scope of the Contract
The purpose of this Contract is to determine conditions, based upon which the Contractor will be
executing the Work specified in Annex A – Technical Specification of this Contract for the Client
(hereinafter referred to as the “Work”), (delivery of Modelling & Simulation Enhancement to CBRN
Reachback Capability – Digitalization/Upgrade of Audio-Video Presentation Equipment], and the Client will
pay for such Work to the Contractor a price specified in Article 3 of this Contract.
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3. Price
3.1 The total price of the Work and its delivery was determined by way of agreement of both Parties and
shall be:
,-CZK
(hereinafter referred to as the “Contract Price”)
3.2 The Contract Price is Value Added Tax (hereinafter referred to as the “VAT”) exclusive.
3.3 In accordance with the Protocol On the Status of International Military Headquarters Set up Pursuant
to the North Atlantic Treaty, dated 28 August 1952 (hereinafter referred to as the “Paris Protocol”) and
provisions of Section 68(10) of the Act no. 235/2004 Coll., on the Value Added Tax, as amended, the
invoice shall be issued without VAT.
3.4 The Contract Price is determined as the highest admissible, final, firmly fixed price in Euro, which
includes all fees and any other costs connected with performing the Work, including but not limited to
costs of services and transport of the goods to the Client, assembly and their installation in accordance
with the applicable regulations.
3.5 The Contract Price also includes any costs not explicitly specified but about which the Contractor knew
or should and could have known considering its professional knowledge, exercising all professional care.
3.6 In the event and not by the fault of the Contractor it is necessary, in the course of the realisation of the
Work, to realise the Work differently from the specification stated in Annex A of this Contract, which will
result in the cost and Contract Price increase, the Contractor can perform such jobs only based on the
prior written consent of the Client. Except for the jobs necessary to be realised immediately in order to
prevent any damage on the Work that is in the process of realisation from occurring.
4. Disclaimer
Except as expressly indicated in the Contract, the Client makes no warranty whatsoever with respect to
any document or material (included but not limited to diagrams, blueprints, charts and schemes) provided
by the Client to the Contractor in the connection with the Work, and the Contractor shall be responsible
for independently assessing the accuracy of such data before taking any action or incurring any
subsequent expense in relation thereto. The Client shall provide the Contractor with access reasonably
required for this purpose.
5. Payment terms
5.1 Unless otherwise stipulated in the Contract, the Contract Price shall be paid by the Client within thirty
(30) days from the later of:
a) satisfactory performance of the Contract;
b) acceptance by the Client thereof.
5.2 Currency:
(a) Unless otherwise stipulated in the Contract the payment shall be made in CZK;
(b) The Contractor shall bear all costs, fees and commissions that its bank imposes on any
payment made by bank transfer.
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5.3 Invoice rejection:
In the event the invoice does not comply with the terms stated in Paragraph 1, the Client is entitled to
return the invoice that does not comply with the prescribed terms to the Contractor within five (5)
working days and the new payment deadline will commence from the day of the delivery of the corrected
invoice to the Client.
6. Withholding of Payments
Without prejudice to any other right or remedy the Client may have, the Client may withhold any payment
or part(s) thereof to the Contractor to the extent necessary to protect the JCBRN Defence COE from loss
under the Contract on account of any breach or default by the Contractor. Any such withholding by the
Client shall not affect the Contractor’s obligation to continue performance under the Contract. The Client
shall inform the Contractor in writing of its intent to withhold payment. No interest shall accrue in
payments withheld by the Client in accordance with this Article.
7. Delivery terms and Obligations of the Parties
7.1 The Contractor is obligated to realise the Work duly and in a timely manner, within the deadlines
specified in this Contract.
7.2 The Contractor commences to realise the Work the first day of the following month after signing this
Contract. The Work shall be delivered and hand over to the Client not later than 31 August 2017
(hereinafter referred to as the “Delivery Date”).
7.3 The place of execution of the Contract is Víta Nejedlého 3, 682 01 Vyškov, Czech Republic (hereinafter
referred to as the “Place of Execution”). [Some activities of the Contractor as per this Contract (e.g.
remote supervision, laboratory tests, etc.) can be performed by the Contractor in his premises.]
7.4 The Client is obligated to ensure that the Place of Execution is ready and will provide the Contractor
with their full cooperation in connection with this Contract, within the scope of work as stated in Annex A
of this Contract at a minimum.
7.5 The Contractor is obligated, based on this Contract, to:
a) Duly execute the Work in a timely manner for the agreed Contract Price and under the
conditions stipulated in this Contract.
b) Execute the Work in compliance with the valid legal regulations, and while fulfilling this
Contract, to comply with the internal rules of the Client which he has been informed about by
the Client and it is documented.
c) Present to the Client requirements related to any documentation, materials and
information, necessary to execute the Contract, as well as requirements for cooperation
related to securing organisation, immediately after signing this Contract or a partial order.
d) Inform the Client immediately about the completion of the Work, as well as any of its part.
7.6 The obligation of the Contractor to realise the Work or any of its part, is fulfilled at the moment of its
finishing and handover to the Client. The Parties are obligated to write a written handover report on the
handover and acceptance of the Work or any of its part.
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7.7 In the event the Client does not arrive to accept the Work or any of its part that he has been duly
informed about, for no serious reason, the Work or any of its part is considered accepted on that day with
no reservations.
7.8 The duly authorized representative(s) of the JCBRN Defence COE shall have the right, before payment,
to evaluate the Work under the Contract and to verify that the Work is in compliance with the Contract,
Contract Notice and Technical Specification, including any acceptance criteria therein. The Contractor shall
provide all necessary facilities for such an evaluation.
8. Ownership Rights and Risk of Damage
8.1 The ownership rights related to the Work or any of its part pass to the Client on the day of the full
payment of the Contract Price.
8.2 The right to use a part of the Work that is subject to protection as per the laws governing Intellectual
Property Rights will pass to the Client on the day of the full payment of the Contract Price.
8.3 Risk of damage on the Work or any of its part passes to the Client on the day of the delivery of the
Work at the Place of Execution.
9. Warranty and warranty period
The Parties agreed that guarantee is sixty (60) months after Contract implementation and acceptation of
the Work by the Client.
10. Obligations for Services
10.1 The Client is obligated to ensure that the Place of Execution is ready and will provide the Contractor
with its full cooperation in connection with this Contract, within the scope of work as stated in Annex A of
this Contract at a minimum.
10.2 The Contractor is obligated, based on this Contract, to:
(a) Duly execute the Work in a timely manner for the agreed Contract Price and under the
conditions stipulated in this Contract.
(b) Execute the Work in compliance with the valid legal regulations, and while fulfilling this
Contract, to comply with the internal rules of the Client which he has been informed about by
the Client and it is documented.
(c) Adhere to the highest standard of care in safeguarding or using the Client property while
such property is in its possession or subject to its care, custody or control, and the Contractor
shall be responsible for any loss or damage resulting from its failure to do so.
d) Present to the Client requirements related to any documentation, materials and
information, necessary to execute the Contract, as well as requirements for cooperation
related to securing organisation, immediately after signing this Contract or a partial order.
e) Inform the Client immediately about the completion of the Work, as well as any of its part.
10.3 The obligation of the Contractor to realise the Work or any of its part, is fulfilled at the moment of its
finishing and handover to the Client. The contractual Parties are obligated to write a written handover
report on the handover and acceptance of the Work or any of its part.
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10.4 In the event the Client does not arrive to accept the Work or any of its part that he has been duly
informed about, for no serious reason, the Work or any of its part is considered accepted on that day with
no reservations.
11. Obligations for Goods
The following warranties shall apply in the event that the Contract includes the provision of Goods:
11.1 The Contractor declares that the Goods furnished under the Contract are new, unused and free form
defects in design, workmanship or materials, are fit and suitable for the general or particular purpose(s)
described in the Contract, the Contract Notice as well as in the Technical Specification and are free from
any right and claim of a third party, including but not limited to liens and security interests and industrial
or intellectual property rights such as copyrights, patents and trade secrets.
11.2 The Contractor also declares that the Goods are of the quality(ies), quantity(ies) and description(s)
required by, and conform to the Contract Notice and the Technical Specification and fully comply with
applicable laws, ordinances, rules and regulations.
11.3 Except in the case of perishable or ordinary consumable Goods or unless otherwise specified in the
Contract, the Contractor shall provide a warranty that is valid for a period of sixty (60) months from the
date of their acceptance by the Client.
11.4. For any claim by the Client within the warranty period, the Contractor shall promptly, as appropriate,
repair the Goods or replace any or all necessary parts with Goods or parts of the same or better quality on
site or through and exchange at no charge to the Client, or at its expense accept a return of the Goods for
a full refund.
12. Intellectual Property Rights
12.1 The contractual Parties are obligated to adhere to all requirements for the protection of industrial
and all other intellectual property rights, as governed by the legal regulations, as well as to protect the
rights that fall under the copyrights and are related to the protection of commercial, economic and state
secrets.
12.2 The Contractor is obligated to ensure that the Client acquires respective rights related to the
intellectual property rights regarding the Work, and the rights that are necessary for using the Work by
the Client, operating the Work and maintaining its functionality.
12.3 If a part of the Work is an author’s work delivered by a third party, the Contractor is obligated to
ensure that the Client acquires respective rights related to the intellectual property rights regarding such
an author’s work, the rights that are necessary for using the Work by the Client, operating the Work and
maintaining its functionality. The Client is entitled to use such author’s works in compliance with the
licence conditions of third parties.
12.4 The Contractor is liable for legal defects of the Work that may occur when the Client, using the Work
in compliance with the Contract, violates the rights of industrial or intellectual property of other persons,
in which case, this right of a third person falls under the protection afforded by the System of Laws of the
Czech Republic.
13. Penalties
If, in accordance with Article 24, paragraph 24.1(c) of this Contract the Client imposes penalties on the
Contractor, such penalties shall amount to 0.5 % (zero point five percent) of the total Contract Price for
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each day following the Delivery Date(s) specified. The penalties for the delay may be deduced by the
Client from any sum(s) due, or to become due, to the Contractor.
14. Delay not attributable to the Contractor
If at any time the Contractor is delayed in providing the Work or in fulfilling any other obligation under the
Contract due to any cause beyond the Contractor’s reasonable control, including but not limited to Force
Majeure, the Client may, by written notice, extend the Delivery Date(s) or fulfilment of any other
obligation for such period of time as the Client at its sole discretion.
15. Discretion, Confidentiality and Security
15.1 The Contractor is required to exercise the utmost discretion in all matters relating to the Contract.
Unless required in connection with the performance of the Contract or expressly authorized in writing by
the Client, the Contractor shall not disclose at any time to any third party any information which has not
been made public and which is known to the Contractor by reason of its association with the Client. The
Contractor shall not, at any time, use such information to any private advantage. These obligations shall
survive the completion, expiration, cancellation or termination of the Contract.
15.2 The Contractor shall comply with all security requirements prescribed by the JCBRN Defence COE and
the National Security Authority or designed security agency of each NATO country in which the Contract is
performed.
15.3 The Contractor shall be responsible for the safeguarding of NATO classified information, material and
equipment entrusted to him or generated by him in connection with the performance of the Contract.
15.4 Any known or suspected breached of security or other matters of security significance shall be
reported by the Contractor to the JCBRN Defence COE and to the National Security Authority or designed
security agency.
16. No Advertising
Unless authorized in writing by the Client, the Contractor shall not advertise or otherwise make public the
fact that it is a contractor to the JCBRN Defence COE, or use the name, emblem, logo, official seal or any
abbreviation of the JCBRN Defence COE.
17. No Assignment
The Contractor shall not assign, transfer, pledge or make other disposition of the Contract or any part
thereof or of any of the Contractor’s rights, claims or obligations under the Contract except with the
express written consent of the Client. Any assignment made without such consent shall be void and
without effect.
18. No Subcontracting
18.1 The Contractor shall not subcontract and of its obligations under the Contract without the express
written consent of the Client. The Client may require the Contractor to furnish particulars of any proposed
subcontractor as it deems necessary.
18.2 The Client’s approval of any subcontracting shall not relieve the Contractor from any liability and
obligation under the Contract. In any subcontract, the Contractor agrees to bind the subcontractor by the
same terms and conditions by which the Contractor is bound under the Contract.
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19.
Observance of Law and Standards
19.1 The Contractor shall comply with all laws, ordinances, rules and regulations bearing upon the
performance of the Contract, including but not limited to labour laws and health and safety standards.
19.2 Attainment of any license (including an export or import license for the Goods), permit
or authorization that is required for provision of the Goods shall be the sole obligation of the Contractor.
Should any governmental entity refuse, delay or hinder the Contractor’s ability to obtain such license,
permit or authorization, the Contractor shall immediately notify the Client in writing.
19.3 The Contractor shall neither directly nor indirectly engage in any business activity that contravenes
economic sanctions imposed by the United Nations.
19.4 Neither the Contractor not its personnel shall, directly or indirectly, engage in any practice
inconsistent with international human rights laws and standards that prevent, inter alia, child labour,
sexual exploitation and trafficking in human beings.
20. Force Majeure
As soon as possible after the occurrence of any event constituting Force Majeure, but not later than three
(3) calendar days, the Contractor shall give notice and full particulars in writing to the Client. If the
Contractor is thereby rendered unable, wholly or in part, to meet its obligations under the Contact, the
Client may terminate the Contract with immediate effect by providing written notice to the Contractor.
The term “Force Majeure” means any unforeseeable and irresistible act of nature, any act of war (whether
declared or undeclared), invasion, revolution, terrorism or other occurrence of a similar scale that
prevents or impairs performance of the Contract, provided that such act is not attributable to the fault
or negligence of the Contractor and cannot be prevented by it; neither strikes or labour stoppages by the
Contractor’s workforce or civil unrest shall constitute Force Majeure.
21. Notices
Unless otherwise agreed by the Parties in writing, any notice given in connection with the Contract shall
be in English, and shall be deemed to be validly given by registered mail or by facsimile to the following
contact persons:
(a) JCBRN Defence COE:
CPT Lubomír Fojtík, phone: 973 452 876, [email protected]
(b) [.................]
22. Termination for Convenience
22.1 Unless otherwise stated in the Contract, the Client shall have the right to terminate the Contract at
any time, in whole or in part, by serving a fifteen (15) day written notice to the Contractor.
22.2 In the event of termination under this Article the Contractor shall be paid, in accordance with the
prices for goods/works that have been provided and accepted by the Client and that remain unpaid. The
Contractor may charge the Client for actual costs reasonably and properly incurred up to the date of
termination by the Client under this Article, but in no case shall the total among of payment to the
Contractor exceed the aggregate Contract Price. The Contractor shall have no claim for damages,
compensation, loss of profit or otherwise except as provided in this paragraph.
23. Termination for Insolvency and Bankruptcy
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23.1 Should the Contractor become insolvent or should control of the Contractor changed by virtue of
insolvency, the Client may with immediate effect and without prejudice to any other right or remedy
available to it, suspend performance of the Contractor’s obligations or terminate the Contract with
immediate effect, by providing the Contractor with written notice thereof.
23.2 Should the Contractor be adjudged bankrupt, or should the Contractor make a general assignment
for the benefit of its creditors, or should a receiver be appointed on account of the Contractor’s
insolvency, the Client may, without prejudice to any other right or remedy available to it, terminate the
Contract with immediate effect by providing the Contractor with written notice thereof.
23.3 The Contractor shall immediately give written notice to the Client of the occurrence of any
circumstance known or likely to alter materially the Contractor’s legal or financial status, including but not
limited to actual or pending liquidation, reorganization, change of ownership, insolvency or bankruptcy.
24. Termination for Breach
24.1 The Contract may be terminated prematurely under the following circumstances:
a)
By a written agreement between the contractual Parties which contains a settlement of mutual
obligations and claims.
b)
By a written withdrawal from the Contract by the Contractor, if the Client:
1. fails to pay the Contract Price or any of its part for any period of time longer than thirty
(30) days;
2. fails to fulfil any obligations of the Client to provide necessary cooperation as required
by this Contract;
3. breaches any Intellectual Property Rights of the Contractor or of any third party(ies) by
the Client.
c)
By a written withdrawal from the Contract by the Client, if the Contractor fails or refuses:
1. to make available or deliver any or all of the Work (including Goods and Services)
under the Contract; or
2. to comply with any or all of the other terms and conditions set out in the Contract.
The Client may, at its sole discretion:
d)
1.
impose penalties in accordance with Article 13 of this Contract;
2.
by written notice, set a reasonable period of time for the Contractor to remedy its
default; if the Contractor does not remedy its default within additional period of time
the JCBRN Defence COE may then terminate the Contract with immediate effect; or
3.
by written notice to the Contractor, terminate the Contract immediately in whole or in
such part or parts in respect of which the Contractor is in default. In this case the
JCBRN Defence COE may engage another contractor to provide the Work and recover
from the Contractor any resulting additional costs.
The
withdrawal comes into effect at the moment of the withdrawal delivery to the other contractual
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party to the address stated in the header of the Contract, possibly to the postal address
communicated as the last valid one.
e) The contractual Parties are obligated to settle their mutual obligations and claims through
a written agreement within thirty (30) days from the termination of the Contract. In order to
exclude any doubts the contractual Parties hereby mutually declare if the Contractor fulfilled in
part, the Client may cancel the Contract only on the rest of uncompleted.
f) By terminating this Contract or any of its relevant parts, the provisions related to the contractual
fine, protection of confidential information, damage compensation and other claims and
obligations, are not affected and shall remain valid and in force after the Contract is terminated.
25. Waiver
A waiver of any breach of or default under the Contract shall not constitute a waiver of any other breach
or default, and shall not affect the other terms of the Contract. The rights and remedies provided by the
Contract are cumulative and are not exclusive of any other rights or remedies.
The invalidity or unenforceability in whole or in part of any condition of the Contract shall not affect the
validity or enforceability of the remaining conditions thereof.
26. Entire Agreement
The Contract constitutes the entire agreement and understanding of the Parties and supersedes any
previous agreement between them, whether orally or in writing, relating to the subject matter thereof.
27. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with
the Contract and its interpretation. Any dispute, controversy or claim arising out of or in relation to this
Contract shall be settled through negotiations between the Parties. If the Parties fail to settle the dispute
amicably within sixty (60) working days of commencement of the negotiation, the dispute shall be settled
through arbitration as follows:
a)
The Party instituting the arbitration proceedings shall advise the other Party by registered
letter, with official notice of delivery, of his desire to have recourse to arbitration. Within a
period of thirty (30) days from the date of receipt of this letter, the Parties shall jointly appoint
an arbitrator. In the event of failure to appoint an arbitrator, the dispute or disputes shall be
submitted to an Arbitration Tribunal consisting of three arbitrators, one being appointed by the
JCBRN Defence COE, another by the Contractor, and the third, who shall act as President of the
Tribunal, by these two arbitrators. Should one of the parties fail to appoint an arbitrator during
the fifteen (15) days following the expiration of the first period of thirty (30) days, or should the
two arbitrators be unable to agree on the choice of the third member of the Arbitration
Tribunal, within thirty (30) days following the expiration of the said first period, the appointment
shall be made, within twenty-one (21) days, at the request of the party instituting the
proceedings, by the Secretary General of the Permanent Arbitration Court in The Hague.
b) Regardless of the procedure concerning the appointment of this Arbitration Tribunal, the third
arbitrator will have to be of a nationality different from the nationality of the other two
members of the Tribunal.
c)
Any arbitrator must be of the nationality of any one of the member states of NATO and shall be
bound by the rules of security in force within NATO.
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d)
Any person appearing before the Arbitration Tribunal in the capacity of an expert witness
shall, if he/she is of the nationality of one of the member states of NATO, be bound by the rules
of security in force within NATO; if he/she is of another nationality, no NATO classified
documents or information shall be communicated to him.
e) An arbitrator who, for any reason whatsoever, ceases to act as an arbitrator, shall be replaced
under the procedure laid down in paragraph (a) above.
f) The Arbitration Tribunal will take its decisions by a majority vote. It shall decide where it will
meet and, unless it decides otherwise, shall follow the arbitration procedures of the
International Chamber of Commerce in force.
g)
The award of the Arbitrator or of the Arbitration Tribunal shall be final and there shall be no
right of appeal or recourse of any kind. These awards shall determine the apportionment of the
arbitration expenses.
h)
The place of arbitration shall be Vyskov, Czech Republic, and the language used in the
arbitration proceeding shall be English.
28. Indemnity
28.1 The Contractor shall indemnify, hold harmless and defend at its own expense the Client and its staff
from and against all suits, claims, demands and liability of any nature or kind, including without limitation
costs and expenses resulting from acts or omissions of the Contractor or its employees, agents
or subcontractors in the performance of the Contract.
28.2 This Article shall include, without limitations, claims and liabilities relating to worker‘s compensation
or the infringement of intellectual property rights.
29. Privileges and Immunities
Nothing in or related to the Contract shall be deemed, or interpreted as, a waiver of the privileges and
immunities enjoyed by the JCBRN Defence COE.
30. Final provisions
30.1 The relations not dealt with by the present Contract shall be governed by provisions of the Act No.
89/2012 Coll., Civil Code, as amended, and by other applicable legal regulations of the Czech Republic.
30.2 This Contract sets for the entire agreement between the Parties with respect to the subject hereof,
and supersedes all prior agreements or representations, oral or written, regarding such subject matter.
30.3 No modification, amendment or change to this Contract, or waiver of any of its provisions shall be
valid unless approved in the form of a written amendment to this Contract and signed by a fully
authorized representative of each Party.
30.4 The Contract shall enter into force and shall become effective on the day of signature of the Contract.
30.5 Done in two (2) equally authentic copies, each in the Czech and English languages, all texts having
equal validity. Should any disagreement arise in interpretation of the provisions of this Contract, the Czech
version shall prevail.
Annexes:
A: Technical Specification
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The Annexes constitutes the integral part of this Contract. In case of discrepancy between the Annex(s)
and the Contract, the Contract shall prevail.
The Client:
The Contractor:
___________________________________
Authorised representative’s signature
____________________________________
Authorised representative’s signature
COL Vratislav Osvald,
JCBRN Defence COE Direcor
________________________________________
Name (legibly)
Date
________________________________________
Name (legibly)
Date
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