Questions and Answers
What is the primary responsibility of the CONTRACTOR regarding the design and data provided by the COMPANY?
What must the CONTRACTOR provide to the COMPANY regarding spare parts?
Under what conditions can the CONTRACTOR delegate the manufacture of Equipment?
Which of the following is EXCLUDED from the CONTRACTOR's obligations?
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What should the CONTRACTOR do in the event of an accident or property damage during the performance of the contract?
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What is the emphasis of the CONTRACTOR's obligation in relation to COMPANY's instructions?
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What must COMPANY do concerning representation?
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How does the CONTRACTOR prioritize the CONTRACT requests?
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What type of responsibilities does the CONTRACTOR have towards the Equipment?
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What is NOT included in the CONTRACTOR’s obligations?
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Study Notes
Contractor's Obligations
- Contractor shall indemnify and hold Company harmless from any liability, damages, claims, fines, penalties, and expenses arising from violation of statutes, laws, regulations, ordinances, or contracts.
- Contractor guarantees spare parts or equal functionality will be available for 10 years from Delivery start-up.
- Contractor must comply with government agency procedures for Equipment manufacture and provide evidence upon request.
- Contractor is responsible for recruiting, replacing, and managing personnel, including wages, social charges, insurance, bonuses, and taxes.
- Contractor warrants Equipment was produced, sold, and delivered in compliance with all applicable laws, regulations, labor agreements, working conditions, and technical codes.
Language and Authority
- The Contract has been drawn up in English, and the English text is binding upon the Parties.
- Contractor shall act as an independent Contractor and has no power to commit or bind Company.
- Contractor shall not be considered an agent of Company for any purpose, including tax and social security coverage.
Business Transactions
- All transactions shall be based on service, quality, and competitive price of materials.
- Contractor shall not pay salaries, commissions, or fees to Company employees or make gifts of significant cost or value.
Contract Representation and Survival
- Company commits to the Contract on its own behalf and as agent for its client and their co-venturers and co-licencees.
- Contractor agrees to look only to Company for due performance of Company's obligations under the Contract.
- The provisions of the Contract are for the benefit of the Parties hereto and not for any other third Party.
- Certain Articles shall survive termination of the Contract, including Guaranties and Warranties, Liabilities and Indemnification, Taxes, Confidentiality, Copyright and Patent, and Miscellaneous provisions.
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Description
This quiz covers the contractual obligations of a contractor, including indemnification, spare part guarantees, compliance with government agency procedures, and other responsibilities.
