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basis of damage allegedly caused by AL’s work or products. 7.0 Disclaimer 7.1 AL disclaims any liability that is not cov- ered by these Terms and Conditions. AL spe- cifically disclaims all warranties of merchant- ability and fitness of AL’s work or products for a particular purpose. 8.0 Venue and applicable law 8.1 All deliveries from AL shall be subject to CISG. Any dispute between the parties regarding a situation arising out of or in con- nection with an agreement governed by these Terms and Conditions shall be subject to the law of the country in which the contracting AL company is domiciled without giving effect to the principle of conflict of the laws thereof. Any dispute shall be settled by the commercial court of the country in which the contracting AL company is domiciled. II TERMS FOR ASSISTANCE BY AL’S PERSONNEL 9.0 Working hours – time sheets 9.1 A normal week comprises 5 working days and 2 weekend days. A normal working day comprises 8 working hours, and hours exceeding 8 working hours shall be consid- ered as overtime hours. 9.2 All working hours on weekend days and AL personnel’s national holidays shall be con- sidered as overtime hours. 9.3 AL personnel can only undertake work- ing hours exceeding 12 hours per day or work on Sundays against the Buyer’s representa- tive’s written approval. Reasons for overtime hours exceeding 12 hours per day and written approval shall be given on the time sheet. 9.4 The Buyer or his authorised representa- tive is requested to follow the progress of the work closely. 9.5 Time sheets showing the time during which AL’s personnel have carried out work for the Buyer shall be filled in daily and shall be countersigned by the chief engineer/work foreman or any other authorised representa- tive of the Buyer. 9.6 If the Buyer’s representative fails to countersign the time sheets, or if the repre- sentative does not approve of the time sheets that have been filled in by AL’s personnel, the Buyer’s representative or the Buyer himself shall immediately inform the AL company responsible for the job by telefax or E-mail of the reason for the refusal. If a time sheet has not been countersigned in accordance with this article, or if the Buyer has not given due notice of the unapproved time sheets to the relevant AL company, then AL shall be entitled to reject any objections regarding invoices based upon time charged to the Buyer. 9.7 The effective working time is defined as the time from the commencement of work by AL’s personnel until they leave the job, less the time spent on meal breaks. 9.8 If AL’s personnel are not provided accommodations on board a ship where they are carrying out a job, the working time starts at the time AL’s personnel leave their hotel and ends at their return to the hotel. 10.0 Waiting time 10.1 Waiting time caused by lack of work due to circumstances beyond the control of AL’s personnel shall be invoiced at the rate valid for normal working hours. AL’s personnel are prepared to undertake other kinds of work than originally intended in order to compensate for waiting time. 10.2 Waiting time shall be charged daily between 8 a.m. and 8 p.m. A maximum of 10 hours of waiting time can be charged per day. 11.0 Allowances and travelling and trans- port expenses 11.1 Travelling, hotel, allowances, and other expenses paid by AL, including telephone calls, telefaxes, etc. shall be invoiced to the Buyer at cost plus 15% overhead charges. 11.2 Travelling time shall be invoiced at the rates for normal working hours with max. 12 hours/day. 11.3 Accommodation shall be of a reasonable standard. 12.0 Conditions when staying on board a ship, at a building site, or similar 12.1 Accommodation shall be of a reasona- ble standard. AL’s personnel shall have access to shower with hot and cold water. 12.2 AL’s personnel shall have purchasing facilities for daily requirements such as food, beverages, etc. AL’s personnel shall have access to a refrigerator. 12.3 Payment for beverages etc. bought on board the ship or at the site should preferably be settled with AL’s personnel before they leave. 13.0 Permits, licences, and certificates 13.1 It is the sole responsibility of the Buyer to advise and, whenever necessary, to obtain permissions, permits, passes, licences, or certificates from the appropriate authorities or classification societies for work to be carried out by AL. 14.0 Tools and equipment 14.1 If requested, AL shall supply tools and equipment, subject to a separate agreement. 14.2 Rental of tools from an AL company shall be charged from the day that the tools leave that company until they are received back at the same company. 14.3 After use, AL’s tools shall be packed in AL’s tool box(es) under the supervision of the Buyer or his representative. Any shortages, damage, etc. shall be noted and the tool box(es) locked. 14.4 The Buyer shall arrange for transporta- tion of the tool box(es) to their point of origin. The Buyer shall arrange for insurance against loss or damage. 14.5 The tools shall be received by AL no later than 90 days after termination of the work. If the tools are not received within this time, they shall be considered lost and shall be charged to the Buyer. Damaged tools shall also be charged to the Buyer. 14.6 Upon request AL shall supply industrial gases at the Buyer’s expense. If the Buyer does not specifically request AL to supply such gases, the Buyer shall be expected to supply them. 14.7 Provided no other arrangements are made, the following supplies and services are not included in AL’s work and shall be made available to AL’s personnel: - Assistance for transport of materials to and from the work site. - Necessary scaffolding. - Overhead cranes, blocks, fall wires, and shackles. - General assistance for cleaning, etc. - Supplies of electricity, compressed air for working and personnel protection equipment, water and fuel, and necessary lighting. 15.0 The Buyer’s liability and insurance 15.1 The Buyer shall pay compensation and indemnify AL in case of damage to AL’s property or injury or death of personnel employed by AL or any third party when and to the extent that such injury or death is caused by the Buyer’s negligence, whether direct or indirect. Such negligence may be constituted by lack of neces- sary instructions concerning the work to be carried out by AL’s personnel. 15.2 The Buyer is obliged to inform AL on any material containing asbestos. AL cannot in any way, whatsoever, be held liable for the contents of any such material, including for any financial consequences thereof or con- sequences of safety or as regards time. The Buyer undertakes to indemnify AL for all costs, expenses and consequences caused by any such contents of asbestos.PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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