The Turbine Supply Agreement is a crucial document used when procuring industrial turbines for power generation, industrial processes, or similar applications under Swiss law. It is typically employed when a company needs to purchase turbines from a manufacturer or supplier, whether for new installations or facility upgrades. The agreement comprehensively addresses technical specifications, performance guarantees, delivery terms, testing procedures, and warranty provisions. Given the high-value nature of turbine transactions and their technical complexity, this agreement requires careful consideration of Swiss contract law, particularly the Code of Obligations, along with relevant technical standards and industry regulations. The document is structured to protect both parties' interests while ensuring clear allocation of responsibilities and risks throughout the supply process.
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1. Parties: Identification of the supplier and purchaser, including full legal names and addresses
2. Background: Context of the agreement, project overview, and relationship between the parties
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Scope of Supply: Detailed description of the turbines and associated equipment to be supplied
5. Price and Payment Terms: Purchase price, payment schedule, invoicing procedures, and currency provisions
6. Delivery and Transfer of Risk: Delivery terms, timeline, Incoterms, transfer of risk and title provisions
7. Testing and Acceptance: Procedures for factory testing, site testing, and acceptance criteria
8. Warranty: Warranty terms, duration, and remedies for defects
9. Performance Guarantees: Guaranteed performance parameters and remedies for failure to achieve them
10. Intellectual Property: IP rights, licenses, and infringement provisions
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
12. Force Majeure: Definition of force majeure events and consequences
13. Termination: Termination rights, procedures, and consequences
14. Governing Law and Dispute Resolution: Choice of Swiss law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Installation Services: Required if supplier is responsible for installation of the turbines
2. Training: Include if supplier must provide operational training to purchaser's personnel
3. Spare Parts: Required if long-term spare parts supply is part of the agreement
4. Site Conditions and Preparation: Include if supplier has specific requirements for site preparation
5. Export Control: Required for international transactions involving controlled technology
6. Local Content Requirements: Include if project is subject to local content obligations
7. Performance Bond: Include if performance security is required
8. Parent Company Guarantee: Required if additional financial security is needed
1. Technical Specifications: Detailed technical specifications of the turbines and auxiliary equipment
2. Scope of Supply Matrix: Detailed breakdown of equipment and components included in supply
3. Price Schedule: Detailed breakdown of prices and payment milestones
4. Project Timeline: Detailed delivery and implementation schedule
5. Performance Test Procedures: Detailed procedures for testing and acceptance
6. Warranty Period Services: Scope of services during warranty period
7. Spare Parts List: List of recommended spare parts and prices
8. Form of Performance Bond: Template for performance security if required
9. Site Requirements: Technical requirements for site preparation and conditions
10. Quality Assurance Requirements: Quality control and assurance procedures
Relevant legal definitions
Agreement
Acceptance Certificate
Acceptance Tests
Applicable Laws
Approved Subcontractors
Base Price
Business Day
Change Order
Commissioning
Confidential Information
Contract Price
Defect
Delivery
Delivery Date
Delivery Point
Documentation
Effective Date
Equipment
Factory Acceptance Tests
Force Majeure Event
Guaranteed Performance
Hot Commissioning
Installation
Intellectual Property Rights
Letter of Credit
Liquidated Damages
Manufacturer's Warranty
Mechanical Completion
Notice
Operating Manual
Performance Guarantees
Performance Tests
Project
Project Schedule
Prudent Industry Practice
Purchase Order
Quality Standards
Ready for Commercial Operation
Site
Site Acceptance Tests
Spare Parts
Specifications
Substantial Completion
Technical Documentation
Technical Requirements
Test Procedures
Training
Turbine
Turbine Components
Warranty Period
Works
Acceptance Certificate
Acceptance Tests
Applicable Laws
Approved Subcontractors
Base Price
Business Day
Change Order
Commissioning
Confidential Information
Contract Price
Defect
Delivery
Delivery Date
Delivery Point
Documentation
Effective Date
Equipment
Factory Acceptance Tests
Force Majeure Event
Guaranteed Performance
Hot Commissioning
Installation
Intellectual Property Rights
Letter of Credit
Liquidated Damages
Manufacturer's Warranty
Mechanical Completion
Notice
Operating Manual
Performance Guarantees
Performance Tests
Project
Project Schedule
Prudent Industry Practice
Purchase Order
Quality Standards
Ready for Commercial Operation
Site
Site Acceptance Tests
Spare Parts
Specifications
Substantial Completion
Technical Documentation
Technical Requirements
Test Procedures
Training
Turbine
Turbine Components
Warranty Period
Works
Clauses
Interpretation
Definitions
Scope of Supply
Technical Specifications
Price and Payment
Delivery
Title and Risk
Installation
Testing and Commissioning
Performance Guarantees
Quality Assurance
Warranty
Intellectual Property
Confidentiality
Force Majeure
Liability and Indemnification
Insurance
Termination
Assignment
Subcontracting
Export Control
Health and Safety
Environmental Compliance
Documentation
Training
Spare Parts Supply
Site Access
Change Orders
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendments
Anti-Corruption
Data Protection
Bank Guarantees
Liquidated Damages
Acceptance
Representations and Warranties
Definitions
Scope of Supply
Technical Specifications
Price and Payment
Delivery
Title and Risk
Installation
Testing and Commissioning
Performance Guarantees
Quality Assurance
Warranty
Intellectual Property
Confidentiality
Force Majeure
Liability and Indemnification
Insurance
Termination
Assignment
Subcontracting
Export Control
Health and Safety
Environmental Compliance
Documentation
Training
Spare Parts Supply
Site Access
Change Orders
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendments
Anti-Corruption
Data Protection
Bank Guarantees
Liquidated Damages
Acceptance
Representations and Warranties
Relevant Industries
Energy
Power Generation
Renewable Energy
Industrial Manufacturing
Oil & Gas
Mining
Petrochemicals
Utilities
Infrastructure
Relevant Teams
Legal
Procurement
Engineering
Operations
Technical
Commercial
Supply Chain
Risk Management
Project Management
Facilities Management
Contract Administration
Relevant Roles
Procurement Manager
Technical Director
Project Manager
Contract Manager
Legal Counsel
Chief Technical Officer
Engineering Manager
Supply Chain Director
Commercial Manager
Risk Manager
Chief Operations Officer
Facilities Manager
Energy Manager
Technical Procurement Specialist
Plant Manager
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