ANNEX 16.

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[SUPPLY/WORKS] CONTRACT FOR

[Name of Donor]
No : [xxx]

DANISH REFUGEE COUNCIL

represented by [[Name & Title]
Address:
(“the Contracting Authority”),

and

[Name of supplier]
represented by [Name & Title]
Address:
(“the Supplier”)

have entered into the following

[SUPPLY/WORKS] CONTRACT

Article 1 Scope of contract

The subject of this contract shall be the delivery by the Supplier, of the following [supplies or works and the
remedying of any defects therein]:
[insert description of works/supplies]

The place of delivery is [insert]

The place of acceptance of shall be [insert e.g. project site or DRC’s warehouse], the time
limits for delivery shall be [insert ] and the Incoterm applicable shall be [insert].

Article 2 Origin of goods (only applicable to contracts with applicable donor rules of origin)
The supplies must originate in an eligible country under the applicable rules of origin. A
certificate of origin for the supplies must be provided by the Supplier at the latest when the
Supplier requests provisional acceptance of the [supplies or works]. Failure to comply with this
condition may result in the cancellation of the contract.

Article 3 Payment
The price of the [supplies or works and the remedying of any defects therein] shall be that shown
on the budget breakdown (Annex III). The total contract price shall be [insert amount].

The price referred to in Article 3.1 above shall be the sole remuneration owed by the
Contracting Authority to the Supplier under the contract. It shall be firm and not subject to
revision.

Payments shall be made in accordance with articles 26-28 of the General Conditions (annex
I).

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VAT shall be paid in compliance with the binding

regulations, national law and international agreements concerning the execution of the
program. VAT and other taxes shall not be paid on the funds originating from European
Community funds.

The bank account of the Supplier into which payments shall be made is:

Account number [xxxxxx]

Account name [xxxxxx]

Bank name &

address [xxxxxx]

Correspondent
bank (if any) [xxxxxx]

Article 4 Audit
Throughout the period of performance of the contract and for a period of seven years
following completion, the Supplier shall undertake to ensure that the Commission of the
European Communities, the Court of Auditors of the European Communities, the European
Anti-fraud Office (OLAF) and the authorities of the recipient countries or any other qualified
outside body chosen by the European Commission, DRCs other donors or DRC are given
access (including by any subcontractors) to all supporting documents required for carrying out
the necessary checks and provide any requested information to said authorities for the
purpose of checking that the activities implemented in the context of the present contract are
being properly carried out. To this end, the Supplier shall undertake, given notice of eight
working days, to authorise access to his premises to all persons authorised to carry out these
checks.

Article 5 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:

- this Contract agreement;

- the General Conditions of Contract for Procurement of [Goods or Services]
- DRC Code of Ethics
- The Supplier’s Bid Form, including all Annexes, from ITB or RFQ No [insert No.]
- Delivery Schedule [if applicable]
- Shipping and Documentation Instructions [if applicable]
- [any relevant appendices i.e the Budget breakdown ,Technical Annex etc.]

The various documents making up the contract shall be deemed to be mutually explanatory; in
case of ambiguity or divergence, they should be read in the order in which they appear above.
.

Article 6 Communication

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Any written communication relating to this contract between the

Contracting Authority and/or the project manager, on the one hand, and
the Supplier, on the other, must state the contract title and identification number, and must be
sent by post, fax, e-mail or by hand to the following addresses:

For the Contracting Authority:

Name: [xxxxxx]
Address: [xxxxxx]
Telephone: [xxxxxx]
Fax: [xxxxxx]
e-mail: [xxxxxx]

For the Supplier:

Name: [xxxxxx]
Address: [xxxxxx]
Telephone: [xxxxxx]
Fax: [xxxxxx]
e-mail: [xxxxxx]

Article 7 Unusual commercial expenses

This contract shall be automatically terminated, and the Supplier shall have no right to any
form of compensation, if it emerges that the award or execution of the contract has given rise
to unusual commercial expenses.

Such unusual commercial expenses are commissions not mentioned in the main contract or
not stemming from a properly concluded contract referring to the main contract, commissions
not paid in return for any actual and legitimate service, commissions remitted to a tax haven,
commissions paid to a recipient who is not clearly identified or commissions paid to a
company which has every appearance of being a front company.

Article 8 Liability
The Contracting Authority may under no circumstances be held responsible for damages
caused by the Supplier, subcontractors, their employees or a third party in connection with the
performance of this contract.

Article 9 Warranty

The Supplier warrants that the supplies are new, unused, of the most recent models and
incorporate all recent improvements in design and materials. The Supplier warrants that none
of the supplies have any defect arising from design, materials or workmanship.

Article 10 Termination
The contract may be terminated as stated in Articles 36 and 37 of the General Conditions.
If termination results from inaction or fault on the part of the Supplier, the Contracting
Authority shall be entitled to compensation amounting to 10% of the price of the contract.

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Article 11 Applicable law

This Contract shall be governed by and construed in accordance with the laws of Denmark
without giving effect to any choice of law or conflict of law provisions.

Article12 Dispute resolution

The parties shall use their best efforts to settle amicably any dispute, controversy or claim
arising out of or in connection with this Contract including any disputes regarding the
existence, validity or termination. Where the parties wish to seek such an amicable settlement
through conciliation, the conciliation shall take place in accordance with the UNCITRAL
Conciliation Rules then obtaining, or according to such other procedure as may be agreed
between the parties.

Unless, any such dispute, controversy or claim between the parties arising out of or relating to
this Contract or the breach, existence, termination or invalidity thereof is settled amicably
under the preceding paragraph of this article within sixty (60) days after receipt by one party of
the other party's request for such amicable settlement, such dispute, controversy or claim
shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration
rules as at present in force, including its provision on applicable law. The place of arbitration
shall be [insert place] and the language to be used in the proceedings shall be English. The
arbitral tribunal shall have no authority to award punitive damages. In addition, unless
otherwise expressly provided in this Contract, the arbitral tribunal shall also have no authority
to award interest. The parties shall be bound by any arbitration award rendered as a result of
such arbitration and as being the final adjudication of any such dispute, controversy or claim.

Article 13 Commencement
The delivery period shall run from the date of the signature of the contract by both parties until
[insert date]

Signed in two copies, one for each party, each of which is to be considered the original.

For the Supplier For the Contracting Authority

Date: Date:
Place: Place:
Name: Name:
Function: Function:
Signature: Signature: