Siemens Heat Transfer Technology B.V.

, Branch Germany, Name André Klossek

Sibylla-Merian-Strasse 3, 45665 Recklinghausen, Germany Department GP EPC SO HTT EDS PE

TNB REMACO-KHARAFI NATIONAL JV Telephone +49 2361 9869 60

Mobile +49 173 2702359
Attn.: Mohamed Salem Sadat E-mail Andre.klossek@siemens.com
P.O.Box: 24081,
Safat - 13101, Our reference 07-18-15253 rev.1
Kuwait. Date 18.11.2019

_
Dear Mr. Sadat

We refer to your inquiry and take pleasure in submitting our offer for spare parts according to the attached list
based on the also attached General Terms & Conditions for Supplies and/or Services Version 01/2018 and in
line with the following conditions:
1.1. Price Basis
net, FCA warehouse Bochum, Germany, excluding erection, customs duty unpaid and without
country specific taxes. The offered single prices refer to the offered quantity.
1.2. Delivery time
see attached list and clarification of all technical and commercial details
1.3. Payment
net before delivery
1.4. Validity of offer
2 months, starting from issue date

No contractual obligation is established on this proposal, unless the official order confirmation has been sent by
Siemens HTT. Please note that Siemens HTT shall not accept consequential damages e.g. loss of profit, loss of
production etc. in any form whatsoever resulting out of our scope of supply. Wear parts are excluded from any
warranty.

We trust that our offer meets your requirements. In case of any queries, please do not hesitate to contact us.

Sincerely yours,

Siemens Heat Transfer Technology B.V.,

Branch Germany

André Klossek
After Sales Engineer

Siemens Heat Transfer Technology B.V., Niederlassung Deutschland Sibylla-Merian-Strasse 3

Managing Board: Martin Alf (CEO), Daniela Schwarz-Krause (CFO) 45665 Recklinghausen www.siemens.com/htt
Germany
Letter of
to
Commercial Register Recklinghausen No. HRB - 6759; VAT No. DE 281486858
Our reference
Deutsche Bank (EUR) IBAN/BIC: DE65700700100203700000 / DEUT DE MM
JP Morgan Chase Bank (USD) IBAN/BIC: GB34CHAS60924225463202 / CHAS GB 2L

SCF 10/2014 V13.06 Page 1 of 1

Siemens Heat Transfer Technology B.V., Branch Germany

Spare Parts Proposal for :

Customer / Client : TNB REMACO-KHARAFI NATIONAL JV Type : UP-LQ
Code / Site : Shuaiba Inside Dimension : 6500 x 6500 mm
Order/Proj.-No. : 07-18-15253 rev.1 Qty. :3
Date : 18.11.2019 Drawing.-No. : 11018-01-0100
Item Spare Wear Part Description Part Number installed offered Single Price Total Price Deliv. Time
No Parts Parts € € (weeks)

1 X Hydraulic cylinder MBR01AE001 6 2 30.810,00 61.620,00 16

2 X Pressure gauge 0-160bar MBR01CP501-506 6 6 1.205,00 7.230,00 8

Hydraulic accumulator (body incl.
3 X MBR01BB011-014 12 1 6.600,00 6.600,00 10
bladder) not recommended
Bladder of hydraulic accu.
4 X MBR01BB011-014 12 2 2.880,00 5.760,00 12
With repair kit

5 X Safety and shut of valve MBR01AA911-913 12 2 1.720,00 3.440,00 13

6 X Manometer 2 way manifold MBR01CP506 12 7 1.675,00 11.725,00 13

MBR01AA153/
7 X Solenoid valve NG6 / 24VDC 9 3 1.700,00 5.100,00 6
AA161/AA162
MBR01AA151/
8 X Solenoid valve NG10 / 24VDC 6 2 2.720,00 5.440,00 6
AA152

9 X Check valve (return valve) MBR01AA001-003 6 6 1.130,00 6.780,00 21

10 X Throttle valve incl. non return MBR01BP005-006 6 2 1.510,00 3.020,00 4

11 X Counterbalance valve MBR01AA910 3 1 3.555,00 3.555,00 21

Frei verwendbar 07-18-15253_c rev.1.xlsx Ident-Nr.: S-E-00-001-b 18.11.2019 / 1/3

Siemens Heat Transfer Technology B.V., Branch Germany

Spare Parts Proposal for :

Customer / Client : TNB REMACO-KHARAFI NATIONAL JV Type : UP-LQ
Code / Site : Shuaiba Inside Dimension : 6500 x 6500 mm
Order/Proj.-No. : 07-18-15253 rev.1 Qty. :3
Date : 18.11.2019 Drawing.-No. : 11018-01-0100
Item Spare Wear Part Description Part Number installed offered Single Price Total Price Deliv. Time
No Parts Parts € € (weeks)
Measuring screw coupling
12 X MB 01 18.00 24 6 60,00 360,00 8
G 1/4"

13 X Pressure filter pollution indicator MBR01CP101-103 6 3 1.155,00 3.465,00 8

14 X Pressure filter cartridge MBR01AT001-003 6 3 685,00 2.055,00 7

15 X Pressure relief valve MBR01AA901-903 9 3 1.210,00 3.630,00 11

16 X Pump unit cpl. 22L/min MBR01AP003 3 1 8.360,00 8.360,00 14

17 X Pump unit cpl. 65L/min MBR01AP001-002 3 1 14.215,00 14.215,00 14

18 X Gear pump 22L/min MBR01AP003G 6 1 1.280,00 1.280,00 6

MBR01AP001-
19 X Gear pump 65L/min 6 2 2.050,00 4.100,00 6
002G

20 X Pollution indicator for return filter MBR01CP104 3 2 1.235,00 2.470,00 7

21 X Return filter cartridge MBR01AT104 3 3 730,00 2.190,00 6

22 X Cartridge valve (with stroke limiter) MBR01AA111 3 2 1.670,00 3.340,00 6

Frei verwendbar 07-18-15253_c rev.1.xlsx Ident-Nr.: S-E-00-001-b 18.11.2019 / 2/3

Siemens Heat Transfer Technology B.V., Branch Germany

Spare Parts Proposal for :

Customer / Client : TNB REMACO-KHARAFI NATIONAL JV Type : UP-LQ
Code / Site : Shuaiba Inside Dimension : 6500 x 6500 mm
Order/Proj.-No. : 07-18-15253 rev.1 Qty. :3
Date : 18.11.2019 Drawing.-No. : 11018-01-0100
Item Spare Wear Part Description Part Number installed offered Single Price Total Price Deliv. Time
No Parts Parts € € (weeks)
Cartridge valve
23 X MBR01AA114 3 2 1.100,00 2.200,00 8
(without stroke limiter)

24 X Non return valve MBR01AA403 3 3 595,00 1.785,00 9

25 X Air venting filter MBR01AT006 3 3 125,00 375,00 10

26 Total Price: 170.095,00

27

28

29

30

A Certificate of Compliance will be

31
issued free of Charge.

32

Frei verwendbar 07-18-15253_c rev.1.xlsx Ident-Nr.: S-E-00-001-b 18.11.2019 / 3/3

SIEMENS
General Conditions for Supplies
and/or Services
Version 01-2018
1. General Conditions
1.1 The scope, quality and all terms and conditions
of the supplies or services (hereinafter called
"Supplies") shall be exclusively defined by
written declarations of both parties and by
written provisions of these conditions
(hereinafter called "Contract"). General terms
and conditions of the Purchaser shall apply
only where expressly accepted in writing by
SIEMENS (hereinafter called "Supplier"). The
Contract shall be deemed to have been
concluded upon receipt of Supplier's written
acknowledgment stating its acceptance of the
order.
1.2 For cost estimates, drawings and other
documents (hereinafter called "Documents"),
the Supplier reserves all rights, title and
interest regarding all intellectual property rights
including but not limited to copyright in the
Documents. Such Documents may not be
made available to third parties without the prior
consent of the Supplier and they shall, upon
request, be immediately returned to the
Supplier if he is not awarded the Contract.
Sentences 1 and 2 shall apply vice versa to
Purchaser's Documents; however, these may
be made available by the Supplier to his sub-
contractors and sub-suppliers.
1.3 If the Supplies also compromise any software
products including any relating documentation,
then, unless otherwise agreed, the Purchaser
shall have only the non-exclusive right to use
software in machine-readable object code form
in connection with the Supplies as specified in
the operation documentation, if any.
1.4 The Purchaser is only allowed to make two
back-up copies of such software. The use of
the back-up copies is limited to the right to use
as described in article 1.3.
1.5 The Purchaser may transfer its rights in the
software only in connection with the sale or
other transfer of the Supplies to a third party.
1.6 The Supplier shall be entitled to provide partial
Supplies.
1.7 The Supplier shall not be obligated to fulfill the
Contract if such fulfillment is prevented by any
impediments arising out of national and
international foreign trade and customs
requirements or any embargos or other
sanctions.
1.8 The Purchaser shall inform the Supplier about
the standards and regulations applicable to the
Supplies at the place of business of the
Purchaser and/or the place of delivery.
2. Prices and Terms of Payment
2.1 Unless otherwise agreed, prices shall be ex
works (Incoterms®2010) excluding packing
and any taxes, duties or imposts payable under
applicable law. Purchaser agrees to pay or
reimburse Supplier for any such taxes, duties
Siemens General Conditions for Supplies andor Services 01-2018.doc
or imposts which Supplier or his subcontractors
or sub-suppliers are required to pay.
2.2 Payments shall be made to the bank account
or payment office notified by the Supplier.
2.3 The Purchaser may set off only those claims
that are undisputed or have been finally
determined in a legally binding manner
2.4 Unless provided otherwise in writing between
the parties, the invoices shall be due for
payment immediately and shall be settled no
later than on the 30th day counting from the
date of invoice, without any cash discount or
other deduction allowed. If the Purchaser is in
default with respect to the agreed terms of
payment, he shall be liable, without prior notice
of default, to pay default interest, from the 31st
day counting from the date of the invoice, at a
rate exceeding the current base rate of interest
issued by the European Central Bank (Euribor)
by three (3) percent.
2.5 Supplier is entitled to an equitable adjustment
to the price, schedule, or scope for costs
arising from Purchaser's failure to perform.
3. Retention of Title
3.1 Title to the Supplies shall remain with Supplier
until each and every claim against the
Purchaser to which the Supplier is entitled
under this business relationship has been duly
satisfied.
3.2 In case of seizure of the Supplies or similar
acts or interventions by third parties which may
result in the Supplier loosing title to the
Supplies, the Purchaser shall inform the
Supplier immediately thereof in writing.
3.3 In cases of fundamental non-performance of
contractual obligations by the Purchaser,
especially a delay in payment, the Supplier
shall be entitled to take back the Supplies. The
Purchaser shall be obliged to return the
Supplies. The taking back, the assertion of the
retention of title or the seizure of the Supplies
by the Supplier shall not mean termination of
the Contract and restitution, unless expressly
stated by the Supplier.
4. Time for Delivery and Delay
4.1 Performance of the stipulated time for delivery
is subject to the timely receipt by the Supplier
of all documents, necessary permits and
releases, especially of plans to be provided by
the Purchaser, as well as fulfilment of the
agreed terms of payment and other obligations
by the Purchaser. To the extent said conditions
are not fulfilled on time, the time for delivery
shall be extended accordingly and the
Purchaser shall reimburse the Supplier all
additional cost and expense incurred due to
such extension, unless the Supplier is
responsible for the extension.
4.2 If non-performance of the time for delivery is
due to force majeure including impediments,
accidents or disturbances, which could not be
avoided despite application of due care, the
time for delivery shall be extended accordingly.
Force Majeure events shall include but are not
limited to mobilization, war, civil insurrection,
terrorism, acts of government, non granting of
required export permissions, epidemics, strike,
lock-out, raw material shortages, lack of
Page 1 of 5
 transportation, interruption of electricity, forces
of nature and impediments arising out of
national or international foreign trade or
customs requirements/regulations or any
embargoes or other sanctions.
4.3 If the Supplier is responsible for a delay in
delivery, the Purchaser may claim liquidated
damages of 0.5 % of the price of those
Supplies which, because of the delay, could
not be put to the intended use, per full week of
delay. In no event shall the aggregate of such
compensation exceed a total of 5 % of the
Contract price. Purchaser may only claim
liquidated damages when loss suffered from
the delay (for which Seller is responsible) can
be proven by Purchaser.
4.4 Claims of the Purchaser for compensation
which exceed the limits specified in Clause 4.3
shall be excluded in all cases of delayed
delivery. Purchaser shall only be entitled to
terminate the Contract for delay, provided (a)
an adequate extension of time granted to the
Supplier has not resulted in delivery, and/or (b)
the limit specified in Clause 4.3 has been
reached and the Supplier has not paid
liquidated damages pursuant to Clause 4.3
above after receipt of a notice of termination
issued by Purchaser. Upon such termination
Purchaser shall have the obligation to pay for
the work already completed or delivered by
Seller. Purchaser's additional cost to complete
the Works (e.g. excess cost for a replacement
contractor) shall be Purchaser’s sole and
exclusive remedy.
4.5 Any further rights and remedies of the
Purchaser than those as per this Section 4
based on a delay, in particular Purchaser's
right to claim damages shall be excluded.
4.6 If dispatch or delivery is delayed at Purchaser's
request after notice was given by the Supplier
to the Purchaser of the readiness for dispatch,
the Purchaser may be charged storage costs.
5. Transfer of Risk
The risk of loss shall pass to the Purchaser on
the date of delivery, or, if delivery is delayed
due to reasons attributable to Purchaser, on
the contractual agreed delivery date. Delivery
will take place according applicable Incoterms
2010.
6. Taking delivery
6.1 Upon taking delivery or upon receipt of
shipping documents, the Purchaser shall check
the Supplies and shall notify the last carrier of:
a) any defects or damage caused to the
Supplies by transport or of
b) objections regarding forwarding or transport
of the Supplies.
The Purchaser is obliged to send a copy of the
notification to the Supplier.
6.2 The Purchaser shall be entitled to refuse
acceptance of delivery only if Supplies are
substantially defective, and the Purchaser
provides the Supplier specific written notice
thereof within three (3) days of delivery of such
Supplies.
6.3 Acceptance is deemed to have taken place,
Siemens General Conditions for Supplies andor Services 01-2018.doc
- if the customer puts work into commercial
operation (but not for commissioning or test);
or
- when, for reasons not attributable to
Supplier, acceptance is delayed for more
than six months after its scheduled date
7. Defects Liability
The Supplier shall be liable to the Purchaser
for defects including the non-compliance with
express warranties or the failure of the
Supplies to meet guarantees as follows:
7.1 The Supplier shall, upon written request of the
Purchaser, at his option, repair any defect or
replace any Supplies which turn out to be
defective within the defects liability period for
any defect, which is due to circumstances that
existed before the transfer of risk occurred.
Insofar as defective parts have to be replaced,
such defective parts shall pass into ownership
of the Supplier.
7.2 The defects liability period shall be twelve (12)
months from the date the transfer of risk to the
Purchaser occurred.
7.3 The Purchaser shall immediately inspect the
Supplies and shall notify the Supplier in writing
of any defects without delay. If the Purchaser
does not notify the Supplier in writing, the
Supplies are deemed to have been accepted
with respect to such defects.
7.4 The Supplier shall be given adequate time and
opportunity to remedy the defect. For this
purpose, the Purchaser shall grant the Supplier
working access to the non-conforming Supplies
including disassembly and reassembly without
cost to the Supplier. Purchaser shall at
Supplier expense and upon request of Supplier
send the defective parts to Supplier.
7.5 The Supplier shall not be liable for defects
which only insignificantly impair the use of the
respective Supply, unsubstantial deviations of
the Supplies from the specification of the
Supplies, natural wear and tear or damage,
arising after the transfer of risk, from faulty or
negligent handling, excessive strain, use of
unsuitable appurtenances, defective installation
or erection not carried out by the Supplier,
inappropriate foundation or particular external
influences not explicitly assumed to impact on
the Supplies under the Contract.
7.6 The Supplier shall not be liable if the Purchaser
or a third party carries out modifications or
repairs improperly.
7.7 The warranty obligations of Supplier as set out
above are the sole and exclusive warranty
obligations for the Supplies and are in lieu of all
other warranties (express or implied) under the
law(s).
8. Industrial Property Rights and Copyright
The Supplier shall provide the Supplies free
from third parties’ industrial property rights and
copyrights (hereinafter called "Intellectual
Property Rights").
8.1 In the event a third party asserts legitimate
claims against the Purchaser because of an
infringement of Intellectual Property Rights by
the Supplies, the Supplier shall be liable to the
Purchaser as follows:
Page 2 of 5
 a) Supplier shall at his own option and
expense, either obtain a right to use the
Supplies, modify the Supplies so as not to
infringe the Intellectual Property Rights or
replace the relevant Supplies. If this is not
reasonably possible for the Supplier, the
Purchaser shall be entitled to terminate the
Contract whereupon the Supplier shall take
back the relevant Supplies and refund the
Contract price for such Supplies.
b) Supplier's aforesaid obligations shall exist
only provided the Purchaser has
immediately notified the Supplier in writing of
the claims asserted by the third party, the
Purchaser has not acknowledged an
infringement and all countermeasures and
settlement negotiations are reserved to the
Supplier. If the Purchaser stops using the
Supplies to reduce the damage or for other
important reasons, he shall be obliged to
make it clear to the third party that the
suspended use does not mean
acknowledgment of an infringement of
Intellectual Property Rights.
Supplier shall have the exclusive right to
conduct the legal defense.
8.2 Claims of the Purchaser shall be excluded if
the infringement of Intellectual Property Rights
was caused by specific demands of the
Purchaser, by a use of the Supplies not
foreseeable by the Supplier or by the Supplies
being altered by the Purchaser or being used
together with products not provided by the
Supplier.
8.3 Further rights and remedies of the Purchaser
than those as per this Section 9 based on an
infringement of third parties´ Intellectual
Property Rights; in particular the Purchaser's
right to claim damages, shall be excluded.
8.4 The Purchaser may use the plans and
drawings provided by the Supplier only for the
intended purpose. The Purchaser shall not be
entitled to use these plans and drawings for
other purposes, beyond operation and
maintenance especially not for the reproduction
of the Supplies or parts of the Supplies.
Supplier shall not grant the Purchaser an
exclusive right to use IPR/Know-How/Software
developed by Supplier unless otherwise
agreed. If such right is granted, any transfer
thereof without Supplier’s prior written approval
is prohibited.
9. Adaptation of Contract
9.1 In case applicable law changes or other
relevant laws or changes of engineering
standards have a substantial impact on the
content of Supplies or their performance or in
case of unforeseeable events in the context of
Clause 4.2, the Contract shall be adapted
appropriately in order to account the changed
circumstances, including but not limited to an
increase of the total price agreed for the
provision of the Supplies under the Contract as
at the date of the Contract. Where this is not
economically reasonable, the Supplier shall
have the right to terminate the Contract in
accordance with the termination provisions for
Force Majeure below.
Siemens General Conditions for Supplies andor Services 01-2018.doc
10. Force Majeure
10.1 The party affected by Force Majeure (as
described in article 4.2.) shall notify the other
party thereof as soon as possible and, in any
case, before seven (7) Days have expired
since the affected party was aware of the fact,
and will provide all documents necessary to
verify that it is considered as Force Majeure
and will estimate how long the situation will
last.
10.2 Compliance with obligations affected by Force
Majeure will be suspended for at least the
duration of the cause.
10.3 Once the Force Majeure event has finished,
the Parties will agree on the measures and
costs required to maintain if possible, the
project schedule or establish a new schedule.
In any case, the Parties will make a reasonable
effort to resume performance as soon as
possible under the best conditions and with
minimum delay.
10.4 Notwithstanding any other provision in the
Contract, Parties shall be entitled to terminate
the Contract when a Force Majeure event has
continued for more than 180 days. Termination
will take place according to article 14.5.
11. Further Liability
11.1 Supplier’s maximum liabilities under the
Contract, will be up to a maximum of 100% of
the Contract Price.
11.2 Neither of the Parties will be liable to the other
for loss of profit, income, indirect or
consequential damages such as fuel costs or
loss of production of any one of the Parties.
11.3 The aforesaid shall not apply if liability is
mandatory, e.g. in accordance with the Product
Liability Act or, in cases of intent.
11.4 These limitations of liability shall also apply for
the benefit of the Supplier's subcontractors,
suppliers, agents, directors, officers and
employees.
11.5 The Purchaser shall indemnify Seller in excess
of the limitation of liability if the ultimate owner /
end-user of Seller's goods and services can
make claims directly against Seller.
12. Transfer
12.1 Parties may not transfer the rights and
obligations arising from the Contract to a third
party without prior written approval of the other
Party.
13. Confidentiality
Any information made available to the
Purchaser by the Supplier in connection with
the Contract shall be treated as confidential.
The Purchaser shall use the information only
for the purposes specified in the Contract. This
confidentiality obligation shall not apply to
information which Purchaser can demonstrate,
a) is already in the public domain or becomes
available to the public through no breach by
Purchaser of this confidentiality undertaking
or
b) was in Purchaser's possession prior to
receipt from Supplier without a confidentiality
undertaking or
Page 3 of 5
 c) has thereafter been legally obtained without
confidentiality obligation from others or
d) is independently developed by the
Purchaser who had no access to the
information received hereunder.
The obligations set forth in this Section 13 shall
survive any termination of the Contract.
14. Termination/Suspension
14.1 A party shall be entitled to terminate the
Contract by written notice:
a) if any proceeding is instituted against the
other party seeking to adjudicate such party
as bankrupt or insolvent, or if the other party
makes a general assignment for the benefit
of its creditors, or if the receiver is appointed
on account of the insolvency or the other
party, and, in the case of any such
proceeding instituted against the other party
(but not by the other party itself), if such
proceeding is not dismissed within 45 days
of such filling, or
b) if the other party is insolvent or itself files a
petition seeking to take advantage of any
law relating to bankruptcy, insolvency,
winding up or composition or readjustment of
debts.
c) Upon such termination Purchaser shall have
the obligation to pay for the work already
completed or delivered by Seller.
Purchaser's additional cost to complete the
Works (e.g. excess cost for a replacement
contractor) shall be Purchaser’s sole and
exclusive remedy.
14.2 In the event any of the following occurs the
Supplier may at its option suspend the
provision of its obligation under the Contract:
a) the Purchaser fails to make payment of any
amount within 60 days after it has become
due and payable, or
b) the Purchaser fails to fulfill its obligations
necessary for the Supplier to deliver or
complete the Supplies, or
c) delivery of Supplies is prevented by export
restrictions for more than 180 days, or
d) the Purchaser is insolvent or any proceeding
as referred to in Clause 14.1 is instituted
against the Purchaser.
14.3 In the event the Supplier suspends the
provision of its obligations the Purchaser shall
pay all additional cost incurred due to such
suspension to the Supplier. The Supplier shall
be entitled to take back Supplies and the
Purchaser shall be obliged to return the
Supplies. The taking back, the assertion of the
retention of the title or of a security interest or
the taking possession through legal right or
process of the Supplies by the Supplier shall
not mean termination of the Contract and
restitution, unless expressly stated by the
Supplier.
14.4 Notwithstanding any other provisions of the
Contract the Supplier may terminate a part or
the whole Contract within 30 days written
notice to the Purchaser in case the
requirements set forth in Clause 14.2a), b) or c)
are given. Upon such termination Purchaser
Siemens General Conditions for Supplies andor Services 01-2018.doc
agrees to pay the Supplier for all unpaid
invoices and uncompensated staff time and all
other reasonable expenses up to the date of
termination.
14.5 Purchaser may terminate the Contract at any
time for any reason by giving at least thirty (30)
days prior written notice in writing to the
Supplier. Such termination shall not be deemed
a breach of contract by the Supplier. Purchaser
agrees to pay the Supplier for all unpaid
invoices and uncompensated staff time and all
other reasonable expenses up to the date of
termination.
15. Dispute Settlement / Applicable Law
15.1 All disputes arising out of or in connection with
the Contract, including any question regarding
its existence, validity or termination, shall be
finally settled under the Rules of Arbitration of
the International Chamber of Commerce
(Paris) by one or more arbitrators appointed in
accordance with the said Rules.
The language to be used in arbitration
proceedings shall be English. The seat of
arbitration shall be Zurich, Switzerland. The
procedural law of this place shall apply where
the Rules are silent.
15.2 This Contract shall be subject to the
substantive laws of Switzerland. The
application of the UN Convention on Contracts
for the International Sale of Goods (CISG) and
the Swiss conflicts of law provisions shall be
excluded.
16. Miscellaneous
16.1 Mistakes, unintended gaps and contradictions
in the Contract are to be treated and construed
in accordance with the spirit of the Contract on
the basis of mutual trust and of the mutual
interests of both parties.
16.2 In the event of legal invalidity of individual
stipulations, the other parts of the Contract
shall remain valid. The aforesaid shall not
apply where compliance with the terms of the
Contract would constitute unacceptable
hardship for either party.
17. Compliance with Export Control
Regulations
17.1 If Purchaser transfers goods (hardware and/ or
software and/ or technology as well as
corresponding documentation, regardless of
the mode of provision) delivered by Supplier or
works and services (including all kinds of
technical support) performed by Supplier to a
third party worldwide, Purchaser shall comply
with all applicable national and international
(re-) export control regulations. In any event
Purchaser shall comply with the (re-) export
control regulations of the Federal Republic of
Germany, the Netherlands, of the European
Union and of the United States of America.
17.2 Prior to any transfer of goods, works and
services provided by Supplier to a third party
Recipient shall in particular check and
guarantee by appropriate measures that:
 There will be no infringement of an
embargo imposed by the European Union,
by the United States of America and/ or by
Page 4 of 5
 the United Nations by such transfer, by Proposal or any future Agreement or any
brokering of contracts concerning those other agreement between Purchaser and
goods, works and services or by provision Supplier worldwide, including, without
of other economic resources in connection limitation any laws and regulations relating to
with those goods, works and services, also taxation, anticorruption, antitrust, anti-money
considering the limitations of domestic laundering or any criminal law, rule or
business and prohibitions of by-passing regulation. If, during the term of this Proposal
those embargos; or any future Agreement, Parties becomes
 Such goods, works and services are not aware that any of the obligations set forth in
intended for use in connection with this clause have not been met, Parties must
armaments, nuclear technology or notify the other Party in writing within 10
weapons, if and to the extent such use is working days. This also applies in the event
subject to prohibition or authorization, that any officer or employee of a Party is
unless required authorization is provided; asked, directly or indirectly, by a third party to
violate any law or regulation referred to in
 The regulations of all applicable
this clause. Such notification shall be without
Sanctioned Party Lists of the European
prejudice to any right of Parties under this
Union and the United States of America
Proposal or any future Agreement, including
concerning the trading with entities,
but not limited to the right to withdraw this
persons and organizations listed therein
Proposal or to terminate any future
are considered.
Agreement.
17.3 If required to conduct export control checks,
Purchaser, upon request by Supplier, shall
promptly provide Purchaser with all
information pertaining to particular end
Purchaser, destination and intended use of
goods, works and services provided by
Purchaser, as well as any export control
restrictions existing.
17.4 Purchaser shall indemnify and hold harmless
Supplier from and against any claim,
proceeding, action, fine, loss, cost and
damages arising out of or relating to any
noncompliance with export control regulations
by Purchaser, and Purchaser shall
compensate Supplier for all losses and
expenses resulting thereof, unless such
noncompliance was not caused by fault of the
Purchaser. This provision does not imply a
change in burden of proof.
17.5 Supplier shall not be obligated to fulfil this
agreement if such fulfilment is prevented by
any impediments arising out of national or
international foreign trade or customs
requirements or any embargoes or other
sanctions.

18. Additional conditions with respect to

dangerous materials
Purchaser ensures that during performance
of work on its site or a) the persons involved
by Supplier and its Supplier engineers do not
come in contact with for health dangerous
goods or b) that such measures have been
taken by Purchaser that absolutely no risk for
the health of the persons involved by
Supplier is present. If during performance of
works it appears that Client has not met
aforesaid obligation, Client is responsible for
all damage and responsible for all other
impact as a result from that. Client will
protect Supplier against claims from persons,
which suffer from a sickness that can be
linked with the goods dangerous for health
during performance of work at the Client’s
site(s).

19. Compliance with laws and regulations

Each Party observes that it and any party
acting on its behalf (including its employees)
will comply with all applicable laws and
regulations under or in relation to this

Siemens General Conditions for Supplies andor Services 01-2018.doc Page 5 of 5