Buyer for COAL

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Buyer for COAL

Post  Admin on Sun Nov 18, 2018 8:53 am

1 General
The present terms will apply exclusively in the present version and always in connection with the
currently valid "General Terms and Conditions of Purchase for Purchase Contracts and Contracts
for XXXXXXXXXXXXXx ", which inter alia also govern the validity and priority of the
terms. If this version conflicts with a translation in a foreign language, the German version shall be
exclusively binding.
2 2. General Duties of the Contractor
2.1. The services performed by the Contractor (C) must conform with the latest status of
science and technology, as well as to the principles of economic efficiency
2.2. The C will be obligated to perform the work independent of the interests of any third
parties (in particular of suppliers).
2.3. The C's planning must be based on the orders and instructions of the Client (CL) and any
objections are to be made in writing immediately to the CL; the C's work is to be agreed
on with the CL and other experts involved (Item 3) prior to its elaboration. This will not
restrict the liability for the accuracy and completeness of the C's work. The C must
ascertain in good time whether there are any public law obstacles or other objections
impairing the planning.
2.4. Where minor changes are made to the project for reasons for which the CL is not liable,
the C will be obligated to revise the documents already prepared without demanding
extra remuneration. Where additional work is requested by the CL, the C must perform
it; the remuneration will be agreed on before commencement of the work.
3 Cooperation between the Client, Contractor and Other Parties Involved
3.1. The CL will inform the C in good time of the work to be performed by other parties in
the planning and/or property supervision and of the dates/deadlines agreed on with
such parties.
3.2. The C will be obligated to provide the other parties involved in good time with the
necessary information and documents, allowing them to duly perform their work.
3.3. Where there are any conflicts of opinion between the C and the other parties involved
during the planning, the C must immediately inform the CL of this in writing.
4 Safeguarding of the Client's Rights and Duties
4.1. The C is obligated to safeguard the rights and duties of the CL within the scope of the
work assigned to him. The C must immediately inform the CL in writing of any
circumstances from which claims by the CL could arise against other parties involved.
The assertion of such claims will be incumbent on the CL.
 
4.2. The C may not establish any financial duties for the CL. This will apply in particular to the
conclusion, amendment of and addenda to contracts.
5 Contractor's Information Duty
The C must provide information about the work being performed upon request by the CL
immediately and without any extra remuneration.
6 Payments
If after acceptance of the final payment (final installment) it is determined that the payment
deviates from the contract or was calculated on the basis of costs that are not chargeable, the
settlement is to be corrected. Where fees are to be calculated on the basis of cost assessment, the
settlement is also to be corrected if changes of the chargeable costs relevant to the calculation of
the remuneration are incurred as a consequence of inspections of the measure. The CL and C are
obligated to reimburse each other for the amounts thereby incurred. They cannot claim the
defense of loss of enrichment (§ 818 Sect. 3 BGB). In case of over/underpayment , 5 % interest will
be charged on the amounts to be reimbursed.
7 Granting of Rights of Use
7.1. Should any such work be created during the performance of the assignment, the CL and
the companies in his group will have the right to use this work without restrictions and
free of charge. The same will apply where patent and other intellectual property rights
arise. Where the C receives licensing fees from such intellectual property rights, the C
must concede the CL an adequate share therein. The amount of the CL's share will be
agreed on separately.
7.2. The CL has the right to publication, specifying the C's name.
8 Statutory Period of Limitation for Defect-Related Claims
8.1. The statutory period of limitation for defect-related claims will commence upon the last
service to be rendered in accordance with the present contract.
9 Liability Insurance
9.1. The Contractor C must provide proof of professional liability insurance and must guarantee that
there is adequate insurance coverage to cover damage arising from the contract, but at
least coverage of 1,500,000.00 EURO —. In the case of joint venture, there must be
insurance coverage for all members.

9.2. The C cannot claim any benefits from the CL before he has provided proof of insurance
coverage. The CL may make payments dependent on provision of proof of the
continuation of insurance coverage.
9.3. The C will be obligated to inform the CL immediately in writing if there is no longer
coverage to the agreed amount.
10 Joint Venture
10.1. Joint venture must appoint a representative who represents all members of the work
pool with regard to the CL. Any restrictions of the power of representation arising from
the joint venture contract are invalid with regard to the CL.
10.2. Every member of the joint venture will be joint and severally liable for the fulfilment of
the contractual duties even after dissolution.
10.3. Payments will be effected with a debt-releasing effect for the CL exclusively to the
representative of the joint venture. This will also apply in the case of dissolution of the
joint venture.

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