Common use of SUBJECT MATTER OF THE CONTRACT Clause in Contracts

SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation of the Contractor to deliver to the Client and to transfer to the Client the ownership right to: “MOVPE Apparatus” (hereinafter the “Apparatus”) and the Client undertakes to take delivery of the Apparatus and pay to the Contractor the agreed upon price herein. The performance of the subject matter hereunder includes: Elaboration of the project documentation for the Apparatus; Formulation of conditions which must be met in order to install the Apparatus; Demonstration (commissioning and verification of the desired functionality) of the Apparatus at the place of manufacture; Transport of the Apparatus to the place of performance, un-packaging and inspection; Installation and connection of the Apparatus to the infrastructure / networks at the place of performance, Delivery of manuals describing controls and maintenance in the Czech or English language to the Client, in electronic and hardcopy versions, Removal and liquidation of packaging and other materials used by the Contractor in performance hereof, Warranty and post-warranty service, Technical support in the form of consultations. The Apparatus is described in detail in Annexes No. 1 and 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor proceeds independently during the manufacture and delivery of the Apparatus while respecting all instructions issued to him by the Client in connection with any and all performance that may be provided hereunder. The Contractor shall be obliged to notify the Client, without unnecessary detail, if any instructions issued by the Client in connection with the performance hereunder would be inappropriate, provided that the Contractor is able to discern the inappropriateness of such instructions using all professional due care. The Contractor shall ensure that the Apparatus and related services will comply in full with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, and that the Client will be able to use the Apparatus for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict standard or its part shall always apply.

Appears in 1 contract

Samples: Evropská Unie

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SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation of the Contractor Seller to deliver to the Client Buyer and to transfer to the Client Buyer the ownership right to: “MOVPE ApparatusScrubber – chamber for removing ammonia and metal-organics” (hereinafter the ApparatusGoods” or “Equipment”) and the Client Buyer undertakes to take delivery of the Apparatus Goods and pay to the Contractor Seller the agreed upon price herein. The performance of the subject matter hereunder includes: Elaboration of the project documentation for the Apparatus; Formulation of conditions which must be met in order to install the Apparatus; Demonstration (commissioning and verification of the desired functionality) of the Apparatus at the place of manufacture; Transport of the Apparatus to Equipment including all accessories as may be defined in Annexes No. 1 and 2 hereto the place of performance, un-packaging and inspection; , Installation and connection of the Apparatus Equipment incl. connection to the infrastructure / networks at the place of performance, Delivery of manuals describing controls and maintenance in the Czech or English language to the ClientBuyer, in electronic and hardcopy versions, Removal and liquidation of packaging and other materials used by the Contractor Seller in performance hereof, Warranty and post-warranty service, Technical support in the form of consultations. The Apparatus is subject matter hereof (Equipment), has been described in detail in Annexes No. 1 and 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor Seller proceeds independently during the manufacture and delivery making of the Apparatus delivery hereunder while respecting all instructions issued to him by the Client Buyer in connection with any and all performance that may be provided hereunder. The Contractor Seller shall be obliged to notify the ClientBuyer, without unnecessary detail, if any instructions issued by the Client Buyer in connection with the performance hereunder delivery would be inappropriate, provided that the Contractor Seller is able to discern the inappropriateness of such instructions using all professional due care. The Contractor Seller shall ensure that the Apparatus Equipment and related services will comply in full with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict standard or its part shall always apply. The delivered Equipment and all its parts, accessories must be brand new and unused. Delivery terms The Seller undertakes to Deliver the Equipment within 4 month of the execution hereof; Handover the already installed Equipment within 14 days from the MOVPE apparatus delivery date (subject to part 1 of the tender) and demonstrate its functionality. The Seller shall not be entitled to deliver the Equipment sooner, within the framework of the period stipulated in 4.1 above, than being notified by the Buyer that the premises are ready for installation. Any performance shall be extended for the period of time, when the Seller could not provide performance due to obstacles on the part of the Buyer.

Appears in 1 contract

Samples: Evropská Unie

SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation on the part of the Contractor Seller to deliver to and transfer into the Client and to transfer to Buyer’s ownership: the Client the ownership right to: “MOVPE Apparatus” Equipment for sensitive multifrequency Piezoelectric Force Microscopy (hereinafter PFM) measurements (hereafter the “ApparatusEquipment”) and the Client Buyer undertakes to take delivery of the Apparatus Equipment and to pay to the Contractor Seller the agreed upon price hereinprice. The performance subject of the subject matter hereunder includes: Elaboration tender shall include of the project documentation for following parts: Scanning Probe Microscope (SPM) capable of performing (besides standard operating modes like contact AFM, tapping AFM) sensitive vertical and lateral PFM measurements, in particular in tip-sample contact resonance tracking mode; Switching spectroscopy PFM; Xxxxxx probe force microscopy measurements and conductive AFM measurements; Acoustic enclosure in order to provide acoustic isolation; Passive vibration isolation system (built-in or freestanding); Top-view optical video system with a good resolution; Open source control software with basic analysis features; SPM controller with at least 3 dual Lock-in Amplifiers. The following activities form an integral part of the Apparatus; performance to be provided by the Seller: Formulation of conditions which must be met at the place of Buyer in order to install the Apparatus; Demonstration (commissioning and verification of the desired functionality) of the Apparatus at the place of manufactureEquipment; Transport of the Apparatus Equipment incl. all accessories specified in Annexes 1 and 2 of the Contract to the place of performancesite, un-packaging and inspectioncontrol thereof; Installation and connection of the Apparatus Equipment including connection to installation infrastructure at the site; Execution of the site acceptance tests (SAT); Delivery of instructions and operating and repair manuals to the infrastructure / networks at the place of performance, Delivery of manuals describing controls and maintenance Equipment in the Czech or English language to the ClientBuyer, in electronic and hardcopy (printed) versions, Removal and liquidation ; Training of packaging and other materials used by operators at the Contractor in performance hereof, Warranty and postsite (at least three-day training of 2 operators); Free-of-charge warranty service, Technical service including service inspections; Provision of the lifetime technical support in the form of consultations. The Apparatus subject of performance (Equipment) is described specified in detail in Annexes No. 1 and No. 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components Seller shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by liable for the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor proceeds independently during the manufacture and delivery of the Apparatus while respecting all instructions issued to him by the Client in connection with any and all performance that may be provided hereunder. The Contractor shall be obliged to notify the Client, without unnecessary detail, if any instructions issued by the Client in connection with the performance hereunder would be inappropriate, provided that the Contractor is able to discern the inappropriateness of such instructions using all professional due care. The Contractor shall ensure that the Apparatus Equipment and related services will comply to be in full compliance with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict stricter standard or its part shall always apply. The delivered Equipment and all its parts and accessories must be brand new and unused.

Appears in 1 contract

Samples: www.fzu.cz

SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation on the part of the Contractor Seller to deliver to and transfer into the Client and to transfer to Buyer’s ownership: the Client the ownership right to: “MOVPE Apparatus” Single-wire diamond saw (hereinafter hereafter the “ApparatusEquipment”) and the Client Buyer undertakes to take delivery of the Apparatus Equipment and to pay to the Contractor Seller the agreed upon price hereinprice. The performance following activities form an integral part of the subject matter hereunder includesperformance to be provided by the Seller: Elaboration of the project documentation for the Apparatus; Formulation of conditions which must are recommended to be met at the place of Buyer in order to install the ApparatusEquipment; Demonstration (commissioning and verification Execution of the desired functionality) preliminary test of the Apparatus Equipment according to Annex 3 hereto at the place of manufacturemanufacturer’s premises; Transport of the Apparatus Equipment incl. all accessories specified in Annexes 1 and 2 of the Contract to the place of performancedelivery, un-packaging and inspectioncontrol thereof; Installation and connection of the Apparatus Equipment including connection to the installation infrastructure / networks at the place site; Execution of performance, the acceptance test at the site according to Annex 3 hereto; Delivery of detailed instructions and manuals describing controls for operation and maintenance maintenance, including list of spare parts, compressed air and electrical connection schemes - all in the Czech or English language to the Clientlanguage, in electronic and or hardcopy (printed) versions, Removal and liquidation ; Training of packaging and other materials used by operators at the Contractor in performance hereof, Warranty and postsite (at least 2-day training of 2 operators); Free-of-charge warranty service, Technical service during the warranty term; Provision of free technical support in the form of consultations, e.g. regarding fine tuning of the Equipment. The Apparatus Seller shall provide the Buyer with this free support even after the warranty expires. The subject of performance (Equipment) is described specified in detail in Annexes No. 1 and No. 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components Seller shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by liable for the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor proceeds independently during the manufacture and delivery of the Apparatus while respecting all instructions issued to him by the Client in connection with any and all performance that may be provided hereunder. The Contractor shall be obliged to notify the Client, without unnecessary detail, if any instructions issued by the Client in connection with the performance hereunder would be inappropriate, provided that the Contractor is able to discern the inappropriateness of such instructions using all professional due care. The Contractor shall ensure that the Apparatus Equipment and related services will comply to be in full compliance with this Contract, its Annexes, the submitted bid Annexes and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict stricter standard or its part shall always apply. The delivered Equipment and all its parts and accessories must be brand new and unused.

Appears in 1 contract

Samples: www.fzu.cz

SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation on the part of the Contractor Seller to deliver to and transfer into the Client and to transfer to Buyer’s ownership: the Client the ownership right to: “MOVPE Apparatus” Double Tilt In-Situ Heating Holder for Transmission Electron Microscope FEI Tecnai F-20 X- Twin (hereinafter hereafter the “ApparatusGoods” or “Equipment”) and the Client Buyer undertakes to take delivery of the Apparatus Goods and to pay to the Contractor Seller the agreed upon price hereinprice. The performance following activities form an integral part of the subject matter hereunder includesperformance to be provided by the Seller: Elaboration of the project documentation for the Apparatus; Formulation of conditions which must be met in order to install the Apparatus; Demonstration (commissioning and verification of the desired functionality) of the Apparatus at the place of manufacture; Transport of the Apparatus Equipment including all accessories to the place of performancesite, un-packaging and inspection; control thereof, Installation and connection of the Apparatus Equipment including connection to the installation infrastructure / networks at the place site, Verification of performancethe Equipment’s proper functionality, adjustment and adaptation at the site, Demonstration of the Equipment’s full functionality, Delivery of instructions and operating and repair manuals describing controls and maintenance Equipment in the Czech or English language to the ClientBuyer, in electronic and and/or hardcopy (printed) versions, Removal and liquidation of unnecessary packaging and other materials material used by the Contractor in Seller during performance hereunder, Training of operators at the site, for at least 1 day; Free-of-charge warranty service including service inspections (refer to Section 14.2 hereof), Warranty Ensuring out-of-warranty and post-warranty service, Technical Provision of technical support in the form of consultations. The Apparatus subject matter (Equipment) is described specified in detail in Annexes No. 1 and 2 heretoNo. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor proceeds independently during Seller hereby expressly agrees, undertakes and represents to the manufacture Buyer, for cases when performance hereunder and delivery requirements of the Apparatus while respecting all instructions issued to him by Buyer on the Client in connection with basis of this Contract and its Annexes will require other additional supplies / deliveries not specified herein but necessary for the proper and timely performance hereof, that the Seller shall procure these supplies / perform the necessary activities / provide the necessary performance without any and all performance that may be provided hereundereffect on the Purchase Price agreed herein. The Contractor Seller shall be obliged to notify liable for the Client, without unnecessary detail, if any instructions issued by the Client in connection with the performance hereunder would be inappropriate, provided that the Contractor is able to discern the inappropriateness of such instructions using all professional due care. The Contractor shall ensure that the Apparatus Equipment and related services will comply to be in full compliance with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict standard or its part shall always apply. The delivered Equipment and all its parts, accessories must be brand new and unused. The Seller undertakes and guarantees that he shall not use any material, which is at the time of its use known to be harmful or non-compliant with applicable hygienic or environmental parameters / standards. The Seller similarly undertakes and guarantees that he shall not use any material or parts that lack required certification, if such certification is required for their use according to valid regulation.

Appears in 1 contract

Samples: Purchase Contract

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SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation of the Contractor Seller to deliver to the Client Buyer and to transfer to the Client Buyer the ownership right to: to MOVPE Apparatusthe equipment for in situ monitoring of the epitaxial heterostructures” (hereinafter the ApparatusGoods” or “Equipment”) and the Client Buyer undertakes to take delivery of the Apparatus Goods and pay to the Contractor Seller the agreed upon price herein. The performance of the subject matter hereunder includes: Elaboration of the project documentation for the Apparatus; Formulation of conditions which must be met in order to install the Apparatus; Demonstration (commissioning and verification of the desired functionality) of the Apparatus at the place of manufacture; Transport of the Apparatus to Equipment including all accessories as may be defined in Annexes No. 1 and 2 hereto the place of performance, un-packaging and inspection; , Installation and connection of the Apparatus Equipment incl. connection to the infrastructure / networks at the place of performance, Delivery of manuals describing controls and maintenance in the Czech or English language to the ClientBuyer, in electronic and hardcopy versions, Removal and liquidation of packaging and other materials used by the Contractor Seller in performance hereof, Warranty and post-warranty service, Technical support in the form of consultations. The Apparatus is subject matter hereof (Equipment), has been described in detail in Annexes No. 1 and 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor Seller proceeds independently during the manufacture and delivery making of the Apparatus delivery hereunder while respecting all instructions issued to him by the Client Buyer in connection with any and all performance that may be provided hereunder. The Contractor Seller shall be obliged to notify the ClientBuyer, without unnecessary detail, if any instructions issued by the Client Buyer in connection with the performance hereunder delivery would be inappropriate, provided that the Contractor Seller is able to discern the inappropriateness of such instructions using all professional due care. The Contractor Seller shall ensure that the Apparatus Equipment and related services will comply in full with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict standard or its part shall always apply. The delivered Equipment and all its parts, accessories must be brand new and unused.

Appears in 1 contract

Samples: Evropská Unie

SUBJECT MATTER OF THE CONTRACT. The subject matter of this Contract is the obligation on the part of the Contractor Seller to deliver to and transfer into the Client and to transfer to Buyer’s ownership: the Client the ownership right to: “MOVPE Apparatus” MBE Apparatus (hereinafter hereafter the “ApparatusEquipment”) and the Client Buyer undertakes to take delivery of the Apparatus Equipment and to pay to the Contractor Seller the agreed upon price hereinprice. The performance following activities form an integral part of the subject matter hereunder includesperformance to be provided by the Seller: Elaboration of the project documentation for the ApparatusEquipment; Formulation of conditions which must be met at the place of Buyer in order to install the ApparatusEquipment; Demonstration (commissioning and verification of the desired functionality) functionality of the Apparatus Equipment at the place of manufacture; Transport of the Apparatus Equipment incl. all accessories specified in Annexes 1 and 2 of the Contract to the place of performancesite, un-packaging and inspectioncontrol thereof; Installation and connection of the Apparatus Equipment including connection to installation infrastructure at the site; Execution of the acceptance tests; Delivery of instructions and operating and repair manuals to the infrastructure / networks at the place of performance, Delivery of manuals describing controls and maintenance Equipment in the Czech or English language to the ClientBuyer, in electronic and hardcopy (printed) versions, Removal and liquidation ; Training of packaging and other materials used by operators at the Contractor in performance hereof, Warranty and postsite (at least two-day training of 2 operators); Free-of-charge warranty service, Technical service including service inspections; Provision of technical support in the form of consultations. The Apparatus subject of performance (Equipment) is described specified in detail in Annexes No. 1 and No. 2 hereto. The Contractor shall obtain all things that are necessary to manufacture the Apparatus; all components Seller shall be new; no re-used components or equipment shall be used. The Apparatus project documentation shall be elaborated by liable for the Contractor in accordance with the Client’s instructions as defined in Annexes 1 and 2 hereto. Additional terms and conditions pertaining to the delivery: The Contractor proceeds independently during the manufacture and delivery of the Apparatus while respecting all instructions issued to him by the Client in connection with any and all performance that may be provided hereunder. The Contractor shall be obliged to notify the Client, without unnecessary detail, if any instructions issued by the Client in connection with the performance hereunder would be inappropriate, provided that the Contractor is able to discern the inappropriateness of such instructions using all professional due care. The Contractor shall ensure that the Apparatus Equipment and related services will comply to be in full compliance with this Contract, its Annexes, the submitted bid and all valid legal regulation, incl. all technical and quality standards, standards and that the Client Buyer will be able to use the Apparatus Equipment for the defined purpose. In case of any conflict between applicable standards it is understood that the more strict standard or its part shall always apply. The delivered Equipment and all its parts and accessories must be brand new and unused. Additional terms and conditions pertaining to the delivery: The Seller proceeds independently during the manufacture and delivery of the Equipment while respecting all mutually agreed conditions. The Seller shall be obliged to notify the Buyer, without unnecessary detail, if any instructions issued by the Buyer in connection with the performance hereunder would be inappropriate, provided that the Seller is able to discern the inappropriateness of such instructions using all professional due care.

Appears in 1 contract

Samples: Purchase Contract

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