Common use of Supply Schedule Clause in Contracts

Supply Schedule. 9.3.1 The O&M Operator shall ensure that: 9.3.1.1 the procurement and supply of the Consumables during Operational Phase is in sequence and supplied at the appropriate time in order to ensure operation and maintenance as per relevant Operation & Maintenance Plan & Procedure and Annual Operating Plan & Budget; and 9.3.1.2 its resources/Subcontracts are organized in a manner so as to complete its obligations in accordance with delivery schedule as per Inventory Management and Procurement Procedure and the O&M Plan and Procedure; 9.3.1.3 the Consumables required for uninterrupted, smooth and trouble free operation and maintenance of the Plant are delivered and available on Site no later than 2 (two) weeks prior to the start of Operational Phase. 9.3.2 It shall be the responsibility of the O&M Operator to supply Consumables which shall be new and in good condition. 9.3.3 The O&M Operator shall promptly notify the Owner of any event or conditions which might delay the delivery of Consumables and the steps being taken to remedy or mitigate such situation, including on its own initiative and at its own expense, increasing or supplementing the supervision and procurement to such an extent so as to restore the lost sequence or progress and provide assurance of compliance with the timelines under this Contract. In the event the steps taken by the O&M Operator to remedy or mitigate such situation causes the Owner to incur additional costs, the O&M Operator shall reimburse such costs to the Owner. If the O&M Operator fails to take necessary steps to remedy or mitigate a delay, then the Owner may take such steps as it may deem necessary, in its sole discretion (including but not limited to engaging other suppliers to perform the obligations under this Contract and deduct the cost of the same from the Contract Price). 9.3.4 For the avoidance of doubt, it is clarified that the Owner shall not be responsible to decide when the O&M Operator should commence, cease or resume the supply of Consumables or in any way to superintend the same, so as to relieve the O&M Operator of the responsibility or of any consequence of its neglect or carelessness or by that of its Subcontractors. 9.3.5 The O&M Operator shall arrange for the transportation of the Consumables from the Loading Point to the Site. 9.3.6 The O&M Operator shall, immediately after dispatch of consignment from the Loading Point, provide to the Owner, at its own cost and expense, all documents/information pertaining to the consignment (in originals or in copies), as required by the Owner, including but not limited to (a) commercial invoice; (b) tax invoice; (c) way bill (if applicable); (d) consignment note (e) packing list; and (f) copies of the inspection certificate/test reports. The said commercial and tax invoice shall state the quantity and detailed description of each component of the Consumables supplied reflecting the value of each item/material of the Consumables. The description of each item/material of the Consumables indicated in the invoice shall conform to the description of the said item/material of the Consumables as provided in the test report(s), if any, issued to the Owner in this regard. 9.3.7 The O&M Operator represents that all documents including invoices, ▇▇▇▇▇▇▇▇, waivers, certifications, releases and reports etc. submitted by the O&M Operator to the Owner, vendor, client or any other Person in accordance with this Contract shall, to the best of the O&M Operator's knowledge, truly reflect the facts about the activities and transactions to which they pertain and contain no untrue, incorrect or incomplete statements or omissions. The O&M Operator further represents that all such documents and reports are complete and accurate. The O&M Operator acknowledges that the Owner and other recipients will rely on those documents and reports. For the avoidance of doubt, it is clarified that acceptance of such reports and documents does not constitute the agreement of the Owner with their contents. 9.3.8 The O&M Operator shall be responsible for obtaining, if necessary, approvals from any Government Agency for transportation of the Consumables on to the mode of transportation arranged by the O&M Operator. The Owner shall use reasonable endeavours to assist the O&M Operator in obtaining such approvals, if requested by the O&M Operator.

Appears in 1 contract

Sources: Operation & Maintenance Contract

Supply Schedule. 9.3.1 The O&M Operator shall ensure that: 9.3.1.1 the procurement and supply of the Consumables during Operational Phase is in sequence and supplied at the appropriate time in order to ensure operation and maintenance as per relevant Operation & Maintenance Plan & Procedure and Annual Operating Plan & Budget; and 9.3.1.2 its resources/Subcontracts are organized in a manner so as to complete its obligations in accordance with delivery schedule as per Inventory Management and Procurement Procedure and the O&M Plan and Procedure; 9.3.1.3 the Consumables required for uninterrupted, smooth and trouble free operation and maintenance of the Plant are delivered and available on Site no later than 2 (two) weeks prior to the start of Operational Phase.; 9.3.2 It shall be the responsibility of the O&M Operator to supply Consumables which shall be new and in good condition. 9.3.3 The O&M Operator shall promptly notify the Owner of any event or conditions which might delay the delivery of Consumables and the steps being taken to remedy or mitigate such situation, including on its own initiative and at its own expense, increasing or supplementing the supervision and procurement to such an extent so as to restore the lost sequence or progress and provide assurance of compliance with the timelines under this Contract. In the event the steps taken by the O&M Operator to remedy or mitigate such situation causes the Owner to incur additional costs, the O&M Operator shall reimburse such costs to the Owner. If the O&M Operator fails to take necessary steps to remedy or mitigate a delay, then the Owner may take such steps as it may deem necessary, in its sole discretion (including but not limited to engaging other suppliers to perform the obligations under this Contract and deduct the cost of the same from the Contract Price). 9.3.4 For the avoidance of doubt, it is clarified that the Owner shall not be responsible to decide when the O&M Operator should commence, cease or resume the supply of Consumables or in any way to superintend the same, so as to relieve the O&M Operator of the responsibility or of any consequence of its neglect or carelessness or by that of its Subcontractors. 9.3.5 The O&M Operator shall arrange for the transportation of the Consumables from the Loading Point to the Site. 9.3.6 The O&M Operator shall, immediately after dispatch of consignment from the Loading Point, provide to the Owner, at its own cost and expense, all documents/information pertaining to the consignment (in originals or in copies), as required by the Owner, including but not limited to (a) commercial invoice; (b) tax invoice; (c) way bill (if applicable); (d) consignment note note; (e) packing list; and (f) copies of the inspection certificate/test reports. The said commercial and tax invoice shall state the quantity and detailed description of each component of the Consumables supplied reflecting the value of each item/material of the Consumables. The description of each item/material of the Consumables indicated in the invoice shall conform to the description of the said item/material of the Consumables as provided in the test report(s), if any, issued to the Owner in this regard. 9.3.7 The O&M Operator represents that all documents including invoices, ▇▇▇▇▇▇▇▇, waivers, certifications, releases and reports etc. submitted by the O&M Operator to the Owner, vendor, client or any other Person in accordance with this Contract shall, to the best of the O&M Operator's knowledge, truly reflect the facts about the activities and transactions to which they pertain and contain no untrue, incorrect or incomplete statements or omissions. The O&M Operator further represents that all such documents and reports are complete and accurate. The O&M Operator acknowledges that the Owner and other recipients will rely on those documents and reports. For the avoidance of doubt, it is clarified that acceptance of such reports and documents does not constitute the agreement of the Owner with their contents. 9.3.8 The O&M Operator shall be responsible for obtaining, if necessary, approvals from any Government Agency for transportation of the Consumables on to the mode of transportation arranged by the O&M Operator. The Owner shall use reasonable endeavours to assist the O&M Operator in obtaining such approvals, if requested by the O&M Operator.

Appears in 1 contract

Sources: Operation & Maintenance Contract