MONTENEGRO
INSTITUTE OF HYDROMETEOROLOGY
AND SEISMOLOGY
SPECIAL CONDITIONS
CONTENTS
These conditions amplify and supplement, if necessary, the General Conditions governing the
Contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully
applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the
numbering of the Articles of the General Conditions. In exceptional cases, and with the authorisation
of the appropriate Commission departments, other clauses may be added to cover specific situations.
Article 2
2.1
Language of the Contract
The language used shall be English.
Article 4
Communications
Any written communication relating to this Contract between the Contracting Authority and/or the
Project Manager, on the one hand, and the Contractor on the other must state the Contract title and
identification number, and must be sent by post, fax, e-mail or by hand.
For the Contracting Authority:
Name:
Branislav Gloginja
Address:
Institute of Hydrometeorology and
Seismology of Montenegro (IHMS), IV
Proleterske 19, 81 000 Podgorica
Telephone: +382 20 655 183
Fax:
+382 20 655 197
E-mail:
[email protected]
IV Proleterske Brigade 19, 81000 Podgorica
Tel/fax. (+382) 20 655 183/197; Department of Seismology, Tel/fax: (+382) 20 648 980/146
E-mail: [email protected], [email protected]; Web: www.meteo.co.me, www.seismo.co.me
MONTENEGRO
INSTITUTE OF HYDROMETEOROLOGY
AND SEISMOLOGY
Name:
Danijela Bubanja
Address:
Institute of Hydrometeorology and
Seismology of Montenegro (IHMS), IV
Proleterske 19, 81 000 Podgorica
Telephone: +382 20 655 183
Fax:
+382 20 655 197
E-mail:
[email protected]
For the Contractor:
Name:
Address:
Telephone:
Fax:
E-mail:
Article 10 Origin
10.1
All goods purchased must originate in a Member State of the European Union or a
country covered by the IPA programme. For these purposes, ‘origin’ means the place
where the goods are mined, grown, produced or manufactured and/or from which services
are provided. The origin of the goods must be determined according to the EU Customs
Code or to the relevant international agreement applicable.
Article 11 Performance guarantee
N/A
IV Proleterske Brigade 19, 81000 Podgorica
Tel/fax. (+382) 20 655 183/197; Department of Seismology, Tel/fax: (+382) 20 648 980/146
E-mail: [email protected], [email protected]; Web: www.meteo.co.me, www.seismo.co.me
MONTENEGRO
INSTITUTE OF HYDROMETEOROLOGY
AND SEISMOLOGY
Article 12 Insurance
The Contractor is responsible for all insurance in connection with supplies until the issuance of the
Certificate of Provisional Acceptance by the Contracting Authority.
Article 13 Programme of implementation of tasks
The Contracting Authority shall complete and submit to the Contractor, together with the
Commencement Order, a Programme of implementation of tasks respecting the implementation
deadlines set by the Contracting Authority in the tender dossier. Contractor shall countersign the
Programme of implementation of tasks and return it to the Contracting Authority within 15 days from
the receipt of the Commencement Order. By signing the contract, the Contractor agrees to adhere to
the deadlines set by the Contacting Authority meaning that these deadlines are binding and cannot be
altered.
Article 18 Commencement order
18.1
The Commencement Order shall be issued by the Project manager at the latest 30 days
from the signature of the Contract by the last contract party.
Article 19 Period of implementation of the tasks
19.1 The implementation period will last 50 days, starting from day of issuance of
Commencement Order and ending on the day of issuance of the certificate of Provisional
Acceptance. The implementation period will include delivery period of 40 days after
reception of an order.
Article 24 Quality of supplies
24.2
The contractor is responsible to follow strictly the commercial warranty as specified in
the technical specifications.
Article 25 Inspection and testing
25.2
Before Training course the contractor is required to submit a certificate/verified company
statement that MBES has been tested i.e. proof that MBES is technically valid.
Article 26 General principles for payments
26.1
Payments shall be made in euros.
Payments shall be authorised and made by Institute of Hydrometeorology and
Seismology of Montenegro (IHMS), Address: IV Proleterske 19, 81000 Podgorica,
Montenegro.
26.5
In order to obtain payments, the Contractor must forward to the authority referred to in
paragraph 26.1 above:
a. For the 60% pre-financing, in addition to the payment request, the performance
guarantee. If a pre-financing is requested and this payment exceeds EUR 150.000, or if no
proof documents have been provided for the selection criteria, the Contractor must
provide a financial guarantee for the full amount of the pre-financing payment.
IV Proleterske Brigade 19, 81000 Podgorica
Tel/fax. (+382) 20 655 183/197; Department of Seismology, Tel/fax: (+382) 20 648 980/146
E-mail: [email protected], [email protected]; Web: www.meteo.co.me, www.seismo.co.me
MONTENEGRO
INSTITUTE OF HYDROMETEOROLOGY
AND SEISMOLOGY
- if the Contract amount is below EUR 60.000
- or if the pre-financing requested is equal or below EUR 300 000 unless no
proof documents have been provided for the selection criteria or unless the
Contracting Authority requires a financial guarantee following a risk
assessment:
b. For the 60 % balance, the invoice(s) together with the request for provisional
acceptance of the supplies.
By derogation, the final payment to the Contractor of the amounts due shall be made
within 90 days after receipt by the Contracting Authority of an invoice and of the
application for the certificate of provisional acceptance.
Article 28 Delayed payments
28.2
By derogation from Article 28.2 of the General Conditions, once the deadline laid down
in Article 26.3 has expired, the Contractor will, upon demand, be entitled to late-payment
interest at the rate and for the period mentioned in the General Conditions. The demand
must be submitted within two months of receiving late payment.
Article 29 Delivery
29.3
The packaging will become the property of the recipient subject to environmental
considerations.
29.5/6/7 The documents which have to accompany the delivery include:
a) A detailed packing list identifying the contents of each package
b) Usual transport document
c) Technical documentation/operating instructions and certificates, as specified in the
Technical Specifications (Annex II)
d)
d) Statement drawn up by the Contractor which must attest that the delivered goods
are new, in working order and compliant with all technical specifications of the Tender
dossier. This statement must use the following wording:
“<Full official name of Contractor> attests that the delivered goods are new, in working
order and compliant with all technical specifications of the Tender dossier.”
The package should bear the following identification:
Contract Title: Publication ref. no. 01 – 2183 Supply of Multibeam Echo Sounder -
MBES, new advance equipment for hydrographic measurements
Institute of Hydrometeorology and Seismology of Montenegro (IHMS), IV Proleterske
19, 81000 Podgorica, Montenegro.
Article 31 Provisional acceptance
The Certificate of Provisional Acceptance must be issued using the template in Annex C11. The
Contractor shall deliver to the Contracting Authority, together with the request for provisional
acceptance, 3 copies of the Provisional Acceptance Certificate signed by the Contractor, as well as the
official Certificate of Origin for all delivered supplies. The request for provisional acceptance to the
Project Manager (Contracting Authority) should take place before the deadline specified in Annex
IV Proleterske Brigade 19, 81000 Podgorica
Tel/fax. (+382) 20 655 183/197; Department of Seismology, Tel/fax: (+382) 20 648 980/146
E-mail: [email protected], [email protected]; Web: www.meteo.co.me, www.seismo.co.me
MONTENEGRO
INSTITUTE OF HYDROMETEOROLOGY
AND SEISMOLOGY
V Programme of implementation of tasks. The Provisional Acceptance Certificate shall be issued by
the Contracting Authority as stipulated in Article 31 of the General Conditions.
Article 32 Warranty obligations
32.6
The Contractor shall warrant that the supplies are new, unused, of the most recent models
and incorporate all recent improvements in design and materials. The Contractor shall
further warrant that none of the supplies have any defect arising from design, materials or
workmanship.
32.7
The warranty must remain valid for 3 years for the Multibim Echo Sounder and 2 years
for the supportive sensors after provisional acceptance.
Article 33 After-sales service
The Contractor should support the system with repair parts at least five years from the date of the
Contract.
Article 40 Settlement of disputes
40.4
Any disputes arising out of or relating to this Contract which cannot be settled otherwise
will be referred to the exclusive jurisdiction of Commercial Court in Podgorica,
Montenegro, applying the national legislation of the Contracting Authority.
***
IV Proleterske Brigade 19, 81000 Podgorica
Tel/fax. (+382) 20 655 183/197; Department of Seismology, Tel/fax: (+382) 20 648 980/146
E-mail: [email protected], [email protected]; Web: www.meteo.co.me, www.seismo.co.me