Order Retrieved
Purchase order CA 1339426
Requ.: 1742392
Code T530200
Supplier OPTI31
Geneva the 15-11-2004
Technical contact OPTIGRAPH GBR
Dr. R. BATES Tel: 767 5950 Rudower Chaussee 29-31
PH-UAT D-12489 BERLIN
Commercial contact
Mme M. AUERBACH Tel: 767 9562
FI-PI-PS Fax: 767 7530
Deliver to:
Reception PREVESSIN Currency: EUR
CERN Country of origin: DE
Site de Prevessin
F-01631 CERN CEDEX
CA 1339426 1-R-019
Scope of the purchase order, placed under the conditions hereafter:
Supply of 567 TPG sheets
For the attention of Mr Vladimir ARKADIEN
Itm Designation
Delivery date Unit Quantity Unit price Discnt./Incr. Total
1 Supply of 567 TPG Sheets
17-11-2004 PC 1 21,550.00 21,550.00
Total price 21,550.00
------------
Total net price: EUR 21,550.00
DDU (delivered duty unpaid) CERN PREVESSIN
Exonerated from all taxes and customs duties
The present order shall be executed in conformity with the
following documents :
- Price Enquiry DO-22047/PH/ATLAS
- General Conditions of CERN Contracts, CERN/FC/1814-II
- Your offer dated 28/10/2004.
================================================================================
Purchase order CA 1339426 Page 2
Requ.: 1742392
Code T530200
Supplier OPTI31
Geneva the 15-11-2004
1. PAYMENT CONDITIONS :
----------------------
100% (one hundred per cent) of the total Order value,
within 30 days following delivery and provisional
acceptance of the supply, and receipt of the corresponding
invoice in duplicate.
2. DELIVERY SCHEDULE :
---------------------
The 567 TPG sheets shall be delivered at CERN, not later
than : 17 December 2004.
3. PENALTY FOR LATE DELIVERY :
-----------------------------
For each complete week of delay following the contractual
delivery dates as stipulated in Article 2 of the present
Order, CERN reserves the right to apply a penalty of
1% (one per cent) of the total amount of the Order,
except in case of force majeure (as defined in Article 4).
It is nevertheless understood, that the penalty shall be
limited to a maximum of 5% (five per cent) of the total
amount of the Contract.
Upon reaching this maximum amount, CERN reserves the right
to serve the Contractor a notice requesting him to deliver
within six weeks from the date of the said notice, at the
latest. Failure to do so shall entitle CERN to terminate
the Contract forthwith, it being understood that such
termination does not waive other rights of CERN arising
from this failure.
4. FORCE MAJEURE :
-----------------
If either party is prevented, wholly or in part, from
performing its obligations under the contract as a result
of Force Majeure, then that party shall be relieved from
all liability in respect of any delay or failure in the
performance of such obligations during the continuance of
the Force Majeure in so far as the same are affected by
Force Majeure.
Force Majeure means any circumstance beyond the reasonable
control of the party claiming relief such as, but not
limited to, acts of nature, fire or war.
================================================================================
Purchase order CA 1339426 Page 3
Requ.: 1742392
Code T530200
Supplier OPTI31
Geneva the 15-11-2004
A default or delay of suppliers or subcontractors of one of
the parties as well as a strike or other labour conflict of
a party or its supplier/subcontractor shall not constitute
a case of Force Majeure (except in cases of nation-wide
conflicts).
The party whose obligations are affected by a case of Force
Majeure shall notify the other party without delay and give
reasonably full particulars and indication of the probable
duration of the Force Majeure and shall seek to agree with
the other party on appropriate measures to be taken. It
shall notify the other party immediately when the Force
Majeure situation has ceased.
The time for the performance of the contractual obligations
affected by Force Majeure shall be extended for the
duration of Force Majeure, it being understood that the
party whose performance is affected shall use all
reasonable efforts to minimize the consequences of such
failure.
Should the Force Majeure situation extend beyond two (2)
months, the party not affected by Force Majeure shall have
the right to terminate the resulting contract with
immediate effect. In case of such termination all costs
related thereto shall be shared equitably between the
parties.
INVOICES :
--------
Please note that only invoices which clearly indicate the
CERN order number as well as the address of your bank(s)
and your bank account number(s) and which are forwarded
to Accounts Payable, Finance Department, CERN,
CH-1211 GENEVA 23, can be settled within the agreed period.
As CERN is closed from 17.12.2004 to 02.01.2005 inclusive,
no consignment will be accepted during this period.
Please return the yellow copy signed Finance department
D. GREGORIO
PH Purchasing Office