36. ( Sele Apagaud AS pd Satidi Electricity Compan \) ity Company Should the Special Terms and Conditions sat forth below conflict with any other terms or conditions of the CONTRACT, the Special Terms and Conditions contained herein shall control: 36.1 Manufacturer(s) Responsibilities 36.1.1 In order to ensure proper construction practices and acceptabie quality of work, CONTRACTOR shall arrange for the manufacturer(s) to provide all necessary supervision and quality control during all phases of the WORK, related to manufacturer's equipment, at no extra cost to COMPANY. A manufacturer(s) representative shall be physically present, at a minimum, during all phases of installation, testing and commissioning and shall either perform the WORK or ‘approve installation metheds and supervise CONTRACTOR’s personnel during the execution of the WORK. The provisions of this Paragraph 36.1.4 du not relieve the CONTRACTOR of Its responsibility to fully ‘and satisfactorily complete the WORK. 36.1.2 CONTRACTOR shall be responsible for obtaining and submitting to COMPANY manufacturer's written approval of all the design work required under the CONTRACT. 36.1.3 CONTRACTOR shall be responsible for obtaining and submitting to COMPANY manufacturer's written approval covering all phases of the ‘complete installation. 36.1.4 When CONTRACTOR places its order with the manufacturer(s), CONTRACTOR shall immediately provide COMPANY with a copy of the purchase contract or purchase order. 36.1.5 CONTRACTOR agrees that COMPANY shall have the right to proceed against CONTRACTOR fer breach of warranty and/or to proceed against the manufacturer (s) for breach of warranty. Therefore, CONTRACTOR agrees to include the following clause in all purchase ‘contracts or purchase orders placed with the manufacturer(s) ~puyer (or CONTRACTOR or name of CONTRACTOR) ond manufacturer understanc thet Buyer (0° CONTRACTOR or name of CONTRACTOR) is contracting with manufacturer for the purchase of ID for ultimate sale to and use by the Saudi Electricity Company. Therefore, manufacturer agrees that all rights of Buyer (or CONTRACTOR or name of CONTRACTOR) for any failure to. meet specifications or for any other breach of the warranty provided by this purchase order shall run to the benefit of and be fully enforceable by the COMPANY.” CONTRACTOR shall exclude from Its purchase contract or purchase ‘order placed with the manufacturer(s) all limitations en warranties ‘and remedies and shall Include in the purchase contract or purchase order as the only express warranty the following written warranty: AD CONTRACTOR to sperify the speciic type of materiel, eg. cables, switch gums, wansformers, ete) Aad 1% Tissue Date: January 2002 Supersedes: Denotes ChangeCo cussecu assgauts asa Kj. ) Saudi Electricity Company 36.1.6 "Warrant (2) "Seller" Mans 7 1, Upon delivery to Buyer or (“CONTRACTOR” or name of CONTRACTOR), Vendor shall convey clear title to the ‘goods free of any lien, encumbrance or security interest. 2. The goods shall conform to Buyer's Data and all contractual specifications and standards and shall be of high quality and workmanship within generally. recognized industry standards and shall be fit for the purpose or use fer which they are bought to the extent Such purpose oF use is known or reasonably should be known te Vendor. 3. If the goods are sold by sample, they shall conform to the sample. (b) If at any time prior to or following delivery to Buyer in Saudi Arabia, but prior to installation or incorporation of the Goods under CONTRACT No. 4000053042, the Goods are found not to conform to any of the foregoing warranties, Buyer shall have the right to reject non-conforming Goods or all of the Goods or to cancel ell or a portion of this Order without further obligation to Vendor. All costs incurred by Buyer as a result of such rejection shall De for the account of Vendor.” {(€) Adeitionally, if the Goods are found net to conform to the foregoing warranties ‘et any time within one (1) year ater Preliminary ‘Acceptance under CONTRACT Ho, 4000082042, buyer may require Vendor to repair or replace non-conforming Goods at Vendor's cost. “The foregoing warranties shall apply to said repairs or replacements of the non-corrorming Goods for @ period of one (2) year from the ate (a) the repair or replacement is completed. Should Vendor fall to repair cr replace non-conforming Goods, Buyer may repair or replace such ‘Goods either Itsef or through ethers and cherge the cost thereof to Vendor. {e) The foregoing rights of Buyer are not exdusive and shall not limit Buyer's right to avallItcelf of any other remedy provided by law or equity.” Aan TK [issue Date: January 2002 Supersedes: = Denotes Change