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PRELIMINARY PROVISIONSArticle 1 Definitions1.1 The headings and titles in these General Conditions shall not be taken as part thereof or be taken into consideration in the interpretation of the contract. 1.2 Where the context so permits, words in the singular shall be deemed to include the plural and vice versa, and words in the masculine shall be deemed to include the feminine and vice versa. 1.3 Words designating persons or parties shall include firms and companies and any organisation having legal capacity. Article 2 Law and language of the contract2.1 The Special Conditions shall specify the law governing all matters not covered by the contract. 2.2 The contract and all written communications between the parties will be drafted in the language of the procedure. Article 3 Order of precedence of contract documents3.1 Save where otherwise provided in the special conditions, the contract is made up of the following documents, in order of precedence: a) the contract agreement; c) the General Conditions (Annex I); d) the Technical Specifications (Annex II) including clarifications before the deadline for submission of tenders and minutes from the information meeting/site visit; e) the Technical Offer (Annex III), including clarifications from the Contractor provided during tender evaluation; f) the budget breadown (Annex IV); g) specified forms and other relevant documents (Annex V) Addenda have the order of precedence of the document they are modifying.
Article 4 Communications4.1 Communications between the Contracting Authority and/or the Project Manager on the one hand, and the Contractor on the other, shall be exclusively in writing. Unless otherwise specified in the Special Conditions, communications between the Contracting Authority and/or the Project Manager on the one hand, and the Contractor on the other hand, shall be sent by post, cable, telex, fax transmission, or delivered by hand, to the addresses designated by the Parties for that purpose. 4.2 If the person sending a communication requires acknowledgement of receipt, he shall indicate this in his communication. Whenever there is a deadline for the receipt of a written communication, the sender should ask for an acknowledgement of receipt of his communication. In any event, the sender shall take all necessary measures to ensure receipt of his communication. 4.3 Wherever the contract provides for the giving or issue of any notice, consent, approval, certificate or decision, unless otherwise specified such notice, consent, approval, certificate or decision shall be in writing and the words "notify", "certify", "approve" or "decide" shall be construed accordingly. Any such consent, approval, certificate or decision shall not unreasonably be withheld or delayed. Article 5 Assignment5.1 An assignment shall be valid only if it is a written agreement by which the Contractor transfers his contract or part thereof to a third party. 5.2 The Contractor may not, without the prior written consent of the Contracting Authority, assign the contract or any part thereof, or any benefit or interest thereunder, except in the following cases: a) a charge, in favour of the Contractor's bankers, of any monies due or to become due under the contract; or b) the assignment to the Contractor's insurers of the Contractor's right to obtain relief against any other person liable in cases where the insurers have discharged the Contractor's loss or liability. 5.3 For the purpose of Article 5.2, the approval of an assignment by the Contracting Authority shall not relieve the Contractor of his obligations for the part of the contract already performed or the part not assigned. 5.4 If the Contractor has assigned his contract without authorisation, the Contracting Authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Article 35. 5.5 Assignees must satisfy the eligibility criteria applicable for the award of the contract. Article 6 Subcontracting6.1 A subcontract shall be valid only if it is a written agreement by which the Contractor entrusts implementation of a part of his contract to a third party. 6.2 The Contractor shall not subcontract without the prior written authorisation of the Contracting Authority. The elements of the contract to be subcontracted and the identity of the subcontractors shall be notified to the Contracting Authority. The Contracting Authority shall notify the Contractor of its decision within 30 days of receiving the notification, stating its reasons if authorisation is withheld. 6.3 Subcontractors must satisfy the eligibility criteria applicable for the award of the contract. 6.4 The Contracting Authority recognises no contractual link between itself and the subcontractors. 6.5 The Contractor shall be responsible for the acts, defaults and negligence of his subcontractors and their agents or employees, as if they were the acts, defaults or negligence of the Contractor, his agents or employees. The approval by the Contracting Authority of the subcontracting of any part of the contract or of the subcontractor shall not relieve the Contractor of any of his obligations under the contract. 6.6 If a subcontractor has undertaken any continuing obligation extending for a period exceeding that of the warranty period under the contract towards the Contractor in respect of the supplies provided by the subcontractor, the Contractor must, at any time after the expiration of the warranty period, transfer immediately to the Contracting Authority, at the Contracting Authority's request and cost, the benefit of such obligation for the unexpired duration thereof. 6.7 If the Contractor enters into a subcontract without approval, the Contracting Authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Article 35. |