Common use of INSTALLATION WORKS Clause in Contracts

INSTALLATION WORKS. Unless otherwise agreed upon in writing, the following provisions shall apply to the installations works to be performed by the Supplier for the Customer. 1. The Customer shall be obliged to render and to provide on its account to the Supplier the following properly and thereby in particular complete and free of defects executed works and other services at the place destined for the execution of installation works to be performed thereupon by the Supplier (this destined place hereinafter referred to as „Place of In- stallation“) a) any and all earth, construction and other ancillary works outside the scope of the Supplier including but not limited to the necessary skilled and unskilled staff, construction materials and equipment and tools; b) any and all devices and means required for the execution of the installation works and, if any, the commissioning and start of operation comprising in particular but not being limited to installation equipment (including again inter alia scaffolding, lifting equipment and other devices) and installations tools as well as fuels and lubricants; c) energy and water and, if any, other required means including connections at the Place of Installation as well as heating, air-conditioning and ventilation and lighting; d) in order to store and keep safe the products delivered and the installation equipment and tools all provided by the Supplier as well as all installation materials and means and equipment and tools and all other materials and means provided by the Customer, sufficiently sized and suitable and dry and adequately protected and lockable premises, and in order to grant the Supplier’s staff proper working conditions, and in accordance with international standards, proper working and recreation space including sanitary facilities; e) protective devices and clothing, if so required by the circumstances; f) free access to the Place of Installation and the Place of Installation as such free of any items hindering, and properly prepared and levelled for, the execution of the installation works; g) furthermore, any and all information on safety regulations including an adequate briefing. 2. In order to enable the Supplier to have his products properly implemented into and activated in connection with the Cus- tomer’s pipework as well as the commissioning of these products, the Customer shall secure that a) the wiring of the voltage supply and of the output supply and the ultrasonic transducers is properly executed and finalized; b) the respective relevant pipes are stripped and freely accessible and, furthermore, that the flow of means to be transported by these pipes is effected under normal conditions; c) the relevant pipes are accessible for measuring equipment and all other equipment, tools and devices. 3. Prior to the installation works, the Customer shall provide the Supplier without prior request by the Supplier with all data concerning the nature, location and static information of the relevant pipes and systems transporting power, gas, water and other utilities (hereinafter jointly referred to as “Utilities”) including in particular also those Utilities, which are concealed. 4. The Customer shall render all devices and means and services to be provided by the Customer prior or during the installa- tion works to be effected by the Supplier comprising in particular but not limited to the provision of all devices and means and services and implementation support prior or during the installations works pursuant to Sec. X.1, X.2 and X.3 (all such rendering of all devices and means and services and implementation support prior or during the installations works pur- suant to Sec. X.1, X.2 und X.3 hereinafter referred to as “Customer Provisions”) in due time and in a manner that allows the performance of the proper installation works without any hindrance due to a lack of Customer Provisions. 5. In case of a delayed start, execution or completion of the installation works due to a lack of Customer Provisions or due to other circumstances not caused by at least negligence by the Supplier, the Customer shall bear all additional accrued costs and lead times or deadlines, if any, shall be prolonged. Any and all other contractual or legal claims of the Supplier shall remain unaffected by this. 6. Unless otherwise agreed upon, the Supplier shall charge time exposures for the installation works on the basis of his established valid rates; travelling or idle time exposures will be charged as working time. The additional remuneration for further costs and expenses for the staff and other matters pursuant to Sec. III.2 shall remain unaffected by this. The regular working hours (working days only) are as follows: - Monday to Thursday: 8:00 a.m. until 5.00 p.m. - Friday: 8.00 a.m. until 1.00 p.m. The following general rates per hour shall apply: - Technicians for installation works 150,00 € - Staff member for the support of systems (data-processing equipment and soft-/hardware) 200,00 € - Expert technicians for other services 250,00 € - Staff member for project planning 250,00 € Overtime, the work done at night or on a weekend or during a public holiday, or work done in case of hardship, the following surcharges apply: a) Overtime (all time exposures outside of regular working time on working days): 50% surcharge; b) Night work on working days between 8.00 p.m. until 6.00 a.m. (where applicable, in lieu of the surcharge mentioned in a)): 60% surcharge; c) Work on Saturdays and Sundays (where applicable, in lieu of the surcharge mentioned in a) and b)): 60% surcharge; d) Work on public holidays, as well as on days which are public holidays at the place of business of the Supplier, as well as on the 24th December and 31st December (for all such days from 0.00 a.m. until 12.00 p.m.) (where applicable, in lieu of the surcharge mentioned in a), b) and c)): 100% surcharge; e) Work performed under substantial impact of dust, soot, smoke, fumes, heat or noise and unless caused by at least negligence by Supplier, in addition to the other surcharges mentioned in a), b), c) and d): hardship surcharge of 15%. 7. The Customer shall attest the Supplier the time exposure spent for working and travelling and for the idle time as well as the provided services on the performance record submitted by the Supplier. Should the Customer refuse such attesting or in case Supplier is unable to receive such attests for other reasons, any and all invoicing shall be made on the basis of the Supplier’s records.

INSTALLATION WORKS. Unless otherwise agreed upon in writing, the following provisions shall apply to the installations works to be performed by the Supplier for the Customer. 1. The Customer shall be obliged to render and to provide on its account to the Supplier the following properly and thereby in particular complete and free of defects executed works and other services at the place destined for the execution of installation works to be performed thereupon by the Supplier (this destined place hereinafter referred to as „Place of In- stallation“) a) any and all earth, construction and other ancillary works outside the scope of the Supplier including but not limited to the necessary skilled and unskilled staff, construction materials and equipment and tools; b) any and all devices and means required for the execution of the installation works and, if any, the commissioning and start of operation comprising in particular but not being limited to installation equipment (including again inter alia scaffolding, lifting equipment and other devices) and installations tools as well as fuels and lubricants; c) energy and water and, if any, other required means including connections at the Place of Installation as well as heating, air-conditioning and ventilation and lighting; d) in order to store and keep safe the products delivered and the installation equipment and tools all provided by the Supplier as well as all installation materials and means and equipment and tools and all other materials and means provided by the Customer, sufficiently sized and suitable and dry and adequately protected and lockable premises, and in order to grant the Supplier’s staff proper working conditions, and in accordance with international standards, proper working and recreation space including sanitary facilities; e) protective devices and clothing, if so required by the circumstances; f) free access to the Place of Installation and the Place of Installation as such free of any items hindering, and properly prepared and levelled for, the execution of the installation works; g) furthermore, any and all information on safety regulations including an adequate briefing. 2. In order to enable the Supplier to have his products properly implemented into and activated in connection with the Cus- tomerCustomer’s pipework as well as the commissioning of these products, the Customer shall secure that a) the wiring of the voltage supply and of the output supply and the ultrasonic transducers is properly executed and finalizedfinalised; b) the respective relevant pipes are stripped and freely accessible and, furthermore, that the flow of means to be transported by these pipes is effected under normal conditions; c) the relevant pipes are accessible for measuring equipment and all other equipment, tools and devices. 3. Prior to the installation works, the Customer shall provide the Supplier without prior request by the Supplier with all data concerning the nature, location and static information of the relevant pipes and systems transporting power, gas, water and other utilities (hereinafter jointly referred to as “Utilities”) including in particular also those UtilitiesUtilites, which are concealed. 4. The Customer shall render all devices and means and services to be provided by the Customer prior or during the installa- tion works to be effected by the Supplier comprising in particular but not limited to the provision of all devices and means and services and implementation support prior or during the installations works pursuant to Sec. X.1, X.2 and X.3 (all such rendering of all devices and means and services and implementation support prior or during the installations works pur- suant to Sec. X.1, X.2 und X.3 hereinafter referred to as “Customer Provisions”) in due time and in a manner that allows the performance of the proper installation works without any hindrance due to a lack of Customer Provisions. 5. In case of a delayed start, execution or completion of the installation works due to a lack of Customer Provisions or due to other circumstances not caused by at least negligence by the Supplier, the Customer shall bear all additional accrued costs and lead times or deadlines, if any, shall be prolonged. Any and all other contractual or legal claims of the Supplier shall remain unaffected by this. 6. Unless otherwise agreed upon, the Supplier shall charge time exposures for the installation works on the basis of his established valid rates; travelling or idle time exposures will be charged as working time. The additional remuneration for further costs and expenses for the staff and other matters pursuant to Sec. III.2 shall remain unaffected by this. The regular working hours (working days only) are as follows: - Monday to Thursday: 8:00 a.m. until 5.00 p.m. - Friday: 8.00 a.m. until 1.00 p.m. The following general rates per hour shall apply: - Technicians for installation works 150,00 € - Staff member for the support of systems (data-processing equipment and soft-/hardware) 200,00 € - Expert technicians for other services 250,00 € - Staff member for project planning 250,00 € Overtime, the work done at night or on a weekend or during a public holiday, or work done in case of hardship, the following surcharges apply: a) Overtime (all time exposures outside of regular working time on working days): 50% surcharge; b) Night work on working days between 8.00 p.m. until 6.00 a.m. (where applicable, in lieu of the surcharge mentioned in a)): 60% surcharge; c) Work on Saturdays and Sundays (where applicable, in lieu of the surcharge mentioned in a) and b)): 60% surcharge; d) Work on public holidays, as well as on days which are public holidays at the place of business of the Supplier, as well as on the 24th December and 31st December (for all such days from 0.00 a.m. until 12.00 p.m.) (where applicable, in lieu of the surcharge mentioned in a), b) and c)): 100% surcharge; e) Work performed under substantial impact of dust, soot, smoke, fumes, heat or noise and unless caused by at least negligence by Supplier, in addition to the other surcharges mentioned in a), b), c) and d): hardship surcharge of 15%. 7. The Customer shall attest the Supplier the time exposure spent for working and travelling and for the idle time as well as the provided services on the performance record submitted by the Supplier. Should the Customer refuse such attesting or in case the Supplier is unable to receive such attests for other reasons, any and all invoicing shall be made on the basis of the Supplier’s records.