Professional Documents
Culture Documents
Engine type
Project number
Yard newbuilding No.
Type and size of vessel
Delivery time(s)
Place of delivery
Owner
Consultant/broker
Buyer: Seller:
Name
Address
Contact person
Telephone No.
Telefax No.
Email
All data provided in this document is non-binding. This data serves informational purposes only and is es-
pecially not guaranteed in any way.
Depending on the subsequent specific individual projects, the relevant data may be subject to changes and
will be assessed and determined individually for each project. This will depend on the particular characteris-
tics of each individual project, especially specific site and operational conditions.
If this document is delivered in another language than English and doubts arise concerning the translation,
the English text shall prevail.
MAN Energy Solutions Copyright © 2020 MAN Energy Solutions, Germany, registered with the
Teglholmsgade 41 Danish Commerce and Companies Agency under CVR Nr.: 31611792,
DK2450 Copenhagen SV (herein referred to as “MAN Energy Solutions”).
Denmark This document is the product and property of MAN Energy Solutions and
Telephone: +45 33 85 11 00 is protected by applicable copyright laws.
info-cph@man-es.com Subject to modification in the interest of technical progress.
www.marine.man-es.com Reproduction permitted provided source is given.
2010-0007-07ppr September 2020
Page 1
Contents MAN Energy Solutions
4 xx xxx Index
Groups
0019 General information 8089 Miscellaneous
4 00 xxx General information 4 80 xxx Miscellaneous
4 02 xxx Rating 4 81 xxx Painting
4 03 xxx Direction of rotation 4 82 xxx Engine seating
4 06 xxx Rules and regulations 4 83 xxx Galleries
4 07 xxx Calculation of torsional and axial vibrations 4 85 xxx Power Take Off
4 09 xxx Documentation 4 87 xxx Spare parts
4 11 xxx Voltage on board for electrical consumers 4 88 xxx Tools
4 12 xxx Dismantling, packing and shipping of engine
4 14 xxx Testing of diesel engine 95 Remote control from bridge
4 17 xxx Supervisors and advisory work 4 95 xxx Bridge control system
Example:
4 35 1 10
Steam tracing in copper pipes
Item mounted on the diesel engine
Fuel oil piping
Info No. Group: ‘Extent of Delivery’
Page 2 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions General Information
Introduction
This ‘Extent of Delivery’ (EoD) is provided to facilitate negotiations between the yard, the engine maker and the customer in
specifying the scope of supply for a specific project. It describes MAN Energy Solutions recommended basic and optional
executions and indicates our ‘Copenhagen Standard Extent of Delivery’ as explained below.
The final and binding extent of delivery of MAN B&W two-stroke engines is to be supplied by our licensee, the engine maker,
who should be contacted in order to determine the execution for the actual project.
Please note that licencees may select a different extent of delivery as their standard.
Basic Column defines the simplest engine, designed for unattended machinery spaces (UMS),
without taking into consideration any further requirements from the classification society,
the yard, the owner or any specific regulations.
Option Column lists the different alternatives available in order to fulfil the requirements/functions
for a specific project.
Remarks for specific engine types are valid for their dual fuel versions too, unless othwerwise noted.
types
95 - 35 ME-C/-GI/-LGI-TII Page 3
General Information MAN Energy Solutions
4 02 000 Rating
The outputs are based on:
1,000 mbar ambient air pressure
max. 45 °C ambient air temperature
max. 32 °C sea cooling water temp.
(or central cooling 36 °C freshwater temp.)
60% relative humidity
★ 4 02 001 Nominal maximum continuous rating (NMCR)
kW on flywheel
at r/min of engine
4 02 002 Specified maximum continuous rating (SMCR)
kW on flywheel
at r/min of engine
including kW for propulsion
and kW for PTO
Load point, normal continuous rating (NCR) % The specific fuel oil consumption is guaran
SMCR for SFOC guarantee teed at this load point only
Page 4 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions General Information
4 06 082 IMO emission regulations, Tier II compliance Outside designated NOx emission areas (ECAs)
4 06 083 IMO emission regulations, Tier III compliance. In designated NOx emission areas (ECAs)
Tier III compliance methods to be specified: See 4 60 130/135 and 4 60 150/155
4 06 111 Dynamic Positioning (DP) mode in manoeuvring system, Requires low-load optimisation, 4 02 044
DP mode:
up to % engine load
95 - 35 ME-C/-GI/-LGI-TII Page 5
General Information MAN Energy Solutions
To be performed by:
4 07 009 Governor stability calculation for special plants Plants where one of the listed criteria is fulfilled
require special attention. Please consult MAN
Energy Solutions in case of:
• All PTO above 15% L1 must be checked with
MAN Energy Solutions
• Governor stability evaluation for special pro-
pulsion plants
• 1st node torsional vibration frequency in
the propeller shaftline lower than:
a) 3 Hz for FPP plants
b) 5 Hz for CPP plants
• clutch for disconnection of the propeller
• design deviating from a known ‘standard’
plant design
Based on the evaluation, additional governor
features may be required (4 65 237)
★ 4 07 015 Barred speed range acceptable to Buyer (FPP).
Speed limitations, if any, to be specified:
4 07 016 Without barred speed range Depends on torsional vibration calculations
Alternatively, use 4 65 236 for plants with CPP
4 09 000 Documentation
★ 4 09 600 Final certificate for engine from classification society
★ 4 09 602 4 sets of General Documentation for engine Volume A
room systems
★ 4 09 603 4 sets of Specific Plant Documentation for main Volume B
engine installation
★ 4 09 610 3 sets of instruction books in English
4 09 611 extra sets of instruction books in English
4 09 612 extra sets of instruction books,
specify language:
★ 4 09 670 Comments and remarks on engine room installation draw To be sent to Seller within one month after
ings and diagrams signing of Technical Specification
4 09 680 Shaft alignment calculations for direct coupled single
screw propulsion plant
4 09 681 Shaft alignment calculations for other concept:
Page 6 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions General Information
95 - 35 ME-C/-GI/-LGI-TII Page 7
General Information MAN Energy Solutions
4 12 110 Lifting tools and lifting instructions for engine complete, For dispatch pattern A1 and B1
for installation purposes (hardware), exclusive of lifting
wire ropes
★ 4 12 111 Lifting tools and lifting instructions for disassembled
engine (hardware), exclusive of lifting wire ropes
★ 4 12 120 Lifting tools to be returned to engine Builder on Buyer’s
account just after the installation of the engine
4 12 121 Lifting tools not to be returned
★ 4 12 601 Drying machine to be provided for transportation/stor Required for dispatch pattern B1 and for some
age period, to be returned to Seller on Buyer’s account special dispatch patterns
★ 4 12 611 Containers, if used, to be returned on Buyer’s account
★ 4 14 000 Testing of diesel engine With water brake. According to IACS UR M51
★ 4 14 001 Shop test on Marine Diesel Oil to be carried out accord- Max. power available is 110% of specified
ing to class requirements MCRrating 4 02 002
4 14 002 Test running. Special requirements:
4 14 004 Extended test running for additional requirements To be specified:
★ 4 14 041 Shop test on Low-Flashpoint Fuel to be carried out ac Required for dual fuel engines only.
cording to class requirements According to standard
★ 4 14 010 Buyer will participate Notice to be given to Buyer 14 days before
testing
★ 4 14 020 Inspection after shop trial of components from one
cylinder unit only
4 14 021 Additional inspection after shop trial:
Page 8 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions General Information
95 - 35 ME-C/-GI/-LGI-TII Page 9
General Information MAN Energy Solutions
★ 4 17 842 Survey during sea trial on behalf of flag country for IMO
NO x certification
4 17 844 Extended supervision of main engine:
★ 4 17 845 Inspection after sea trial of components from one
cylinder unit only, if required by class
4 17 846 Additional inspection after sea trial:
4 17 847 1 man for 3 days for shaft generator or PTO
4 17 848 1 man for 3 days for bridge manoeuvring system
★ 4 17 849 1 man for 2 days for inspection after sea trial
Page 10 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Diesel Engine
Torsional vibrations
4 31 101 Tuning wheel All shaft and propeller data are to be forwarded
by Buyer to Seller within four weeks from order
4 31 105 Torsional vibration damper (TVD) Based on torsional vibration calculation
4 31 106 Torsional vibration damper monitoring system Basic for 7 - 12-cylinder engines with TVD,
recommended for 5 - 6-cylinder engines with TVD
Axial vibrations
★ 4 31 111 Axial vibration damper
★ 4 31 115 Mechanical measuring device for condition check of For engines without PTO
axial vibration damper
4 31 116 Axial vibration monitor with indication for condition Required for engines with PTO
check of axial vibration damper
★ 4 31 117 Axial vibration monitor with indication for condition Required for: 5 + 6-cylinder ME-C8
check of axial vibration damper with terminals for Required for all ME-C10/9
alarm and slow down with separate control unit
Balancing
4 31 200 2nd order moment compensators On 5 and 6cylinder engines type 95-45 only
95 - 35 ME-C/-GI/-LGI-TII Page 11
Diesel Engine MAN Energy Solutions
★ 4 31 212 Prepared for 2nd order moment compensator Not applicable for type 50, 45 and 40
on fore end (machined surfaces)
4 31 213 With 2nd order moment compensator on fore end Not applicable for type 50, 45 and 40
4 31 253 Electric balancer for compensation of 2nd order moment
Make: Gertsen & Olufsen A/S
4 31 255 Prepared for RotComp installation for compensation of Subframe welded into steering compartment
2nd order moments deck, yard supply
★ 4 31 256 Electric balancer, RotComp, for compensation of 2nd Basic and ★ for G/S50, G45 and engines with
order moment, separately mounted electric driven HPS only
Make: , or similar
4 31 259 Electric balancer for compensation of 2nd order moment
Make:
4 31 600 Balancing of other forces or moments
4 31 601 Electric balancer for compensation of engine forces or
moments, horizontal type
Make: Gertsen & Olufsen A/S
To compensate:
Page 12 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Diesel Engine
4 40 167 Hydraulic Power Supply, mounted on engine, Basic for S50ME-C8 only, an option for 95 - 60
mechanically driven. Combined hydraulic power supply types
with electrically driven start-up/back-up pumps Capacity of start-up/back-up capable of 15%
engine power
4 40 171 ME filter (auto-filter). Make: Boll & Kirsch
4 40 172 ME filter (auto-filter). Make: Kanagawa
4 40 701 Hydraulic start-up pumps. Make: Bosch Rexroth For mechanically driven Hydraulic Power Sup-
4 40 703 Hydraulic start-up pumps. Make: Parker Hannifin plies 4 40 160 and 4 40 167
4 40 704 Hydraulic start-up pumps. Make: Eaton PMC
4 40 711 Hydraulic main pumps. Make: Bosch Rexroth For Hydraulic Power Supplies 4 40 160,
4 40 712 Hydraulic main pumps. Make: Eaton Hydrokraft 4 40 161 and 4 40 167
4 40 670 1 turbocharger lubricating oil unit Only if 4 40 140 is ordered
4 45 100 Low temperature cooling water piping on engine For scavenge air cooler
4 45 102 Engine without low temperature cooling water pipes
4 45 110 Cooling with seawater
★ 4 45 111 Central cooling with freshwater and pipes of steel Max. 36 °C freshwater temperature
4 45 117 Combined cooling with separate seawater and freshwater
pumps
★ 4 46 100 Jacket cooling water piping on engine For freshwater cooling of cylinders
95 - 35 ME-C/-GI/-LGI-TII Page 13
Diesel Engine MAN Energy Solutions
Page 14 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Diesel Engine
95 - 35 ME-C/-GI/-LGI-TII Page 15
Diesel Engine MAN Energy Solutions
★ 4 75 100 Monitoring, safety, alarm and remote Required type of output signals and number of
indication systems on engine cores to be specified by Buyer
★ 4 75 124 Pressure and temperature sensors for shut down and
tacho system according to the classification society’s
and ’s requirements
4 75 125 Extended sensor pack for engine performance monitoring For EMS, 4 75 217
★ 4 75 127 Pressure and temperature switches and analog sensors
for slow down, alarm and remote indication according to
the classification society’s and ’s requirements for Unat
tended Machinery Spaces
4 75 128 Additional pressure and temperature switches and To be specified in a separate list
analog sensors for slow down, alarm and remote indica
tion according to Buyer’s list
4 75 133 Temperature sensors fitted to main bearings Alarm panel to be with maximum and deviation
Make: Kongsberg Maritime, or similar alarms
4 75 134 Temperature sensors fitted to main bearings, bearings for Alarm panel to be with maximum alarms for all
moment compensator, if any bearings and with deviation alarms for main
Make: Kongsberg Maritime, or similar bearings and moment compensator bearings,
if any
★ 4 75 136 Temperature sensors for cylinder liners Basic and ★ for 95-80 types, an option on all
Make: Kongsberg Maritime, or similar other types
4 75 149 Other type of sensors:
4 75 151 Flow alarm for:
★ 4 75 160 Oil mist detector Make of system can be specified in
4 75 161-273
4 75 162 Oil mist detector Graviner MK7
Make: Kidde Fire Protection
4 75 166 Oil mist detector MD-SX
Make: Daihatsu Diesel Mfg. Co., Ltd.
4 75 167 Oil mist detector Vision III C
Make: Specs Corporation
4 75 274 Oil mist detector Vision 5 C
Make: Specs Corporation
4 75 168 Oil mist detector GDMS-OMDN09
Make: MSS AG
4 75 275 Oil mist detector GDMS-OMD 14
Make: MSS AG
4 75 271 Oil mist detector Triton
Make: Heinzmann GmbH & Co. KG
Page 16 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Diesel Engine
★ 4 75 260 Bearing Wear Monitoring System Basic and ★ for 95-35 types
Make of system can be specified in 4 75 261-268
4 75 261 Bearing Wear Monitoring System XTSW (BWM)
Make: AMOT
4 75 262 Bearing Wear Monitoring System BDMS (BW&TMS)
Make: Dr. E. Horn
4 75 263 Bearing Wear Monitoring System BWCM
Make: Kongsberg Maritime
4 75 265 Bearing Wear Monitoring System B-WACS
Make: Doosan Engine Co., Ltd.
4 75 266 Bearing Wear Monitoring System BWCMS
Make: KOMECO
4 75 267 Bearing Wear Monitoring System BCM-1
Make: Mitsui Zosen Systems Research Inc.
4 75 268 Bearing Wear Monitoring System BWM-800-V
Make: Nabtesco Corporation
4 75 301 PMI sensor. Make: Kistler For PMI in EMS
4 75 302 PMI sensor. Make: ABB
4 75 309 Other make of sensor for PMI in EMS: To be approved by
★ 4 75 630 Shut down and slow down panels The remote control system and the safety sys-
tem (shut down and slow down panel) must be
compatible
4 75 631 Combined shut down and slow down panel
Make: Lyngsø Marine
4 75 632 Combined shut down and slow down panel
Make: Kongsberg Maritime
4 75 633 Combined shut down and slow down panel
Make: Nabtesco
4 75 636 Combined shut down and slow down panel,
Make: Mitsui Zosen Systems Research
4 75 639 Combined shut down and slow down panel
Make:
4 75 614 One separate panel for shut down Only shut down panel approved by must be
Make: used
4 75 615 One separate panel for slow down Only slow down panel approved by must be
Make: used
★ 4 75 625 Tachometer for turbocharger for ECR
95 - 35 ME-C/-GI/-LGI-TII Page 17
Miscellaneous MAN Energy Solutions
Page 18 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Miscellaneous
★ 4 80 100 Miscellaneous
★ 4 80 101 Turning gear with electric motor
Enclosure min. IP54 insulation min. class F
4 80 103 Turning gear with electric motor
Enclosure min. IP insulation min. class
★ 4 80 601 Control unit for turning gear, with starter and manual
remote control box, with cable of 15 m
Make: Brdr. Eegholm or similar
★ 4 81 100 Painting
4 81 101 Outside primed only, inside primed and coated
4 81 102 Outside primed twice and given one coat of paint, To be stated by the yard before:
colour to be specified: Including 25 litres of paint for brushingup
Inside primed and coated
★ 4 81 103 Outside primed twice and given one coat of paint, Including 25 litres of paint for brushingup.
colour: light green RAL 6019, DIN23:2:2, Gas pipe colour for -GI only: yellow RAL 1021,
Munsell 10GY 8/4. Inside primed and coated Munsell 2.5Y 8/14.
Gas pipe colour for -LGI only: yellow RAL 1021,
Munsell 2.5Y 8/14 and marking tape colour vio-
let RAL 4001, Munsell 2.5P 4/11
95 - 35 ME-C/-GI/-LGI-TII Page 19
Miscellaneous MAN Energy Solutions
4 85 000 Power Take Off: PTO Plants with PTO output higher than 15% MCR
require governor stability calculations, 4 07 009,
which have to be performed by . To make this, a
torsional vibration calculation is required. Based
on the evaluation, additional governor features
may be required
★ 4 85 001 Diesel engine without PTO
4 85 XXX FC
With constant frequency, electric converter
4 85 XXX SF
with synchronous frequency operating at fixed
speed: rpm
4 85 XXX FF
With floating frequency operating in the range of
rpm
Page 20 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Miscellaneous
95 - 35 ME-C/-GI/-LGI-TII Page 21
Miscellaneous MAN Energy Solutions
★ 4 88 000 Tools
★ 4 88 601 Standard tools for maintenance of main engine
★ 4 88 660 Tool panels
4 88 701 Electrical Double Jib Crane for low headroom
Make: MAN B&W/Danish Crane Building A/S
★ 4 88 004 Overhaul tools adapted to: Normal lifting procedure, Overhaul with normal engine room crane (yard’s
vertical lift of all components supply). To be decided no later than 8 months
before testbed
4 88 006 Overhaul tools adapted to: Reduced height lifting Overhaul with normal engine room crane (yard’s
procedure, tilted lift of main components supply). To be decided no later than 8 months
before testbed
4 88 011 Overhaul tools adapted to: MAN B&W Double Jib Crane Overhaul using electrically operated double jib
lifting procedure crane for low headroom. To be decided no later
than 8 months before testbed.
See item 4 88 701
4 88 608 Honing machine
4 88 728 Digital measuring tool for crankshaft deflection For 50 types and larger
Page 22 95 - 35 ME-C/-GI/-LGI-TII
MAN Energy Solutions Miscellaneous
4 95 000 Remote control from bridge Documentation for remote controls and safety
systems to be sent to Seller for perusal at least
1 month before sea trial.
The remote control system and the safety sys-
tem (shut down and slow down panel) must be
compatible
4 95 701 Bridge control system, for CPP plants
Make: Lyngsø Marine:
4 95 703 Bridge control system, for FPP plants
Make: Lyngsø Marine
4 95 704 Bridge control system, for FPP plants
Make: Mitsui Zosen Systems Resarch
4 95 705 Bridge control system, for FPP plants
Make: Nabtesco
4 95 715 Bridge control system, for FPP plants
Make: Kongsberg Maritime
4 95 716 Bridge control system, for CPP plants
Make: Kongsberg Maritime
4 95 719 Bridge control system, for CPP plants
Make: MAN Alphatronic
4 95 724 Other make and type of remote control system: To be approved by
95 - 35 ME-C/-GI/-LGI-TII Page 23
ORGALIME S 2012
GENERAL CONDITIONS
for the
SUPPLY OF MECHANICAL, ELECTRICAL AND ELECTRONIC PRODUCTS
Brussels, March 2012
Licensed for use by MAN Energy Solutions, branch of MAN Energy Solutions SE, GERMANY ; Licence N° 06/01/03 ORGALIME
Purchaser thereof In Writing, stating the reason and, if possible, be the only remedies available to the Purchaser in case of delay
the time when delivery can be expected. on the part of the Supplier. All other claims against the Supplier
If the Supplier fails to give such notice, the Purchaser shall based on such delay shall be excluded, except where the Supplier
be entitled to compensation for any additional costs which he has been guilty of Gross Negligence.
incurs and which he could have avoided had he received such
notice. 17. If the Purchaser anticipates that he will be unable to accept
delivery of the Product at the time for delivery, he shall forthwith
13. If delay in delivery is caused by any of the circumstances notify the Supplier In Writing thereof, stating the reason and, if
mentioned in Clause 41, by an act or omission on the part of the possible, the time when he will be able to accept delivery.
Purchaser, including suspension under Clauses 21 and 44, or any If the Purchaser fails to accept delivery at the time for
other circumstances attributable to the Purchaser, the Supplier delivery, he shall nevertheless pay any part of the purchase price
shall be entitled to extend the time for delivery by a period which which becomes due at the time for delivery, as if delivery had
is necessary having regard to all the circumstances of the case. taken place at the time for delivery. The Supplier shall arrange for
This provision shall apply regardless of whether the reason for the storage of the Product at the risk and expense of the Purchaser.
delay occurs before or after the agreed time for delivery. The Supplier shall also, if the Purchaser so requires, insure the
Product at the Purchaser’s expense.
14. If the Product is not delivered at the time for delivery, the
Purchaser shall be entitled to liquidated damages from the date 18. Unless the Purchaser’s failure to accept delivery is due to
on which delivery should have taken place. any such circumstance as mentioned in Clause 41, the Supplier
The liquidated damages shall be payable at a rate of 0.5 may by notice In Writing require the Purchaser to accept delivery
per cent of the purchase price for each commenced week of within a final reasonable period.
delay. The liquidated damages shall not exceed 7.5 per cent of If, for any reason which is not attributable to the Supplier,
the purchase price. the Purchaser fails to accept delivery within such period, the
If only part of the Product is delayed, the liquidated Supplier may by notice In Writing terminate the Contract in whole
damages shall be calculated on that part of the purchase price or in part. The Supplier shall then be entitled to compensation for
which is attributable to such part of the Product as cannot in the loss he suffers by reason of the Purchaser’s default, including
consequence of the delay be used as intended by the parties. any consequential and indirect loss. The compensation shall not
exceed that part of the purchase price which is attributable to that
The liquidated damages shall become due at the
part of the Product in respect of which the Contract is terminated.
Purchaser’s demand In Writing but not before delivery has been
completed or the Contract is terminated under Clause 15.
PAYMENT
The Purchaser shall forfeit his right to liquidated damages
19. Payment shall be made within 30 days after the date of
if he has not lodged a claim In Writing for such damages within six
invoice.
months after the time when delivery should have taken place.
Unless otherwise agreed, the purchase price shall be
paid with one third at the formation of the Contract and one third
15. If the delay in delivery is such that the Purchaser is
when the Supplier notifies the Purchaser that the Product, or the
entitled to maximum liquidated damages under Clause 14 and
essential part of it, is ready for delivery. The remaining part of the
if the Product is still not delivered, the Purchaser may In Writing
purchase price shall be paid when the entire Product is delivered.
demand delivery within a final reasonable period which shall not
be less than one week.
20. Whatever the means of payment used, payment shall not
If the Supplier does not deliver within such final period
be deemed to have been effected before the Supplier’s account
and this is not due to any circumstances which are attributable
has been irrevocably credited for the amount due.
to the Purchaser, then the Purchaser may by notice In Writing
to the Supplier terminate the Contract in respect of such part of
21. If the Purchaser fails to pay by the stipulated date, the
the Product as cannot in consequence of the Supplier’s failure to
Supplier shall be entitled to interest from the day on which
deliver be used as intended by the parties.
payment was due and to compensation for recovery costs. The
If the Purchaser terminates the Contract he shall be
rate of interest shall be as agreed between the parties or otherwise
entitled to compensation for the loss he suffers as a result of the 8 percentage points above the rate of the main refinancing facility
Supplier’s delay, including any consequential and indirect loss. of the European Central Bank. The compensation for recovery
The total compensation, including the liquidated damages which costs shall be 1 per cent of the amount for which interest for late
are payable under Clause 14, shall not exceed 15 per cent of that payment becomes due.
part of the purchase price which is attributable to the part of the
In case of late payment and in case the Purchaser fails
Product in respect of which the Contract is terminated.
to give an agreed security by the stipulated date the Supplier
The Purchaser shall also have the right to terminate the may, after having notified the Purchaser In Writing, suspend his
Contract by notice In Writing to the Supplier, if it is clear from performance of the Contract until he receives payment or, where
the circumstances that there will occur a delay in delivery which, appropriate, until the Purchaser gives the agreed security.
under Clause 14, would entitle the Purchaser to maximum
If the Purchaser has not paid the amount due within three
liquidated damages. In case of termination for this reason, the
months the Supplier shall be entitled to terminate the Contract by
Purchaser shall be entitled to maximum liquidated damages and
notice In Writing to the Purchaser and, in addition to the interest
compensation under the third paragraph of this Clause 15.
and compensation for recovery costs according to this Clause, to
claim compensation for the loss he incurs. Such compensation
16. Liquidated damages under Clause 14 and termination of
shall not exceed the agreed purchase price.
the Contract with limited compensation under Clause 15 shall
2
Licensed for use by MAN Energy Solutions, branch of MAN Energy Solutions SE, GERMANY ; Licence N° 06/01/03 ORGALIME
RETENTION OF TITLE stipulated in Clauses 23-39. The time for remedial work shall be
22. The Product shall remain the property of the Supplier until chosen in order not to interfere unnecessarily with the Purchaser’s
paid for in full to the extent that such retention of title is valid activities.
under the relevant law. Repair shall be carried out at the place where the Product
The Purchaser shall at the request of the Supplier assist is located unless the Supplier deems it more appropriate that the
him in taking any measures necessary to protect the Supplier’s Product is sent to him or a destination specified by him.
title to the Product. If the defect can be remedied by replacement or repair of
The retention of title shall not affect the passing of risk a defective part and if dismantling and re-installation of the part
under Clause 10. do not require special knowledge, the Supplier may demand that
the defective part is sent to him or a destination specified by him.
LIABILITY FOR DEFECTS In such case the Supplier shall have fulfilled his obligations in
23. Pursuant to the provisions of Clauses 24-39, the Supplier respect of the defect when he delivers a duly repaired part or a
shall remedy any defect or nonconformity (hereinafter termed part in replacement to the Purchaser.
defect(s)) resulting from faulty design, materials or workmanship.
31. The Purchaser shall at his own expense provide access to
24. The Supplier shall not be liable for defects arising out the Product and arrange for any intervention in equipment other
of materials provided or a design stipulated or specified by the than the Product, to the extent that this is necessary to remedy
Purchaser. the defect.
25. The Supplier shall only be liable for defects which appear 32. Unless otherwise agreed, necessary transport of the
under the conditions of operation provided for in the Contract and Product or parts thereof to and from the Supplier in connection
under proper use of the Product. with the remedying of defects for which the Supplier is liable shall
be at the risk and expense of the Supplier. The Purchaser shall
26. The Supplier shall not be liable for defects caused by follow the Supplier’s instructions regarding such transport.
circumstances, which arise after the risk has passed to the
Purchaser, e.g. defects due to faulty maintenance, incorrect 33. Unless otherwise agreed, the Purchaser shall bear any
installation or faulty repair by the Purchaser or to alterations carried additional costs which the Supplier incurs for remedying the
out without the Supplier’s consent In Writing. The Supplier shall defect caused by the Product being located in a place other than
neither be liable for normal wear and tear nor for deterioration. the destination stated at the formation of the Contract for the
Supplier’s delivery to the Purchaser or – if no destination has been
27. The Supplier’s liability shall be limited to defects which stated – the place of delivery.
appear within a period of one year from delivery. If the use of
the Product exceeds that which is agreed, this period shall be 34. Defective parts which have been replaced shall be made
reduced proportionately. available to the Supplier and shall be his property.
28. When a defect in a part of the Product has been remedied, 35. If the Purchaser has given such notice as mentioned in
the Supplier shall be liable for defects in the repaired or replaced Clause 29 and no defect is found for which the Supplier is liable,
part under the same terms and conditions as those applicable to the Supplier shall be entitled to compensation for the costs he
the original Product for a period of one year. For the remaining incurs as a result of the notice.
parts of the Product the period mentioned in Clause 27 shall be
extended only by a period equal to the period during which and 36. If the Supplier does not fulfil his obligations under Clause
to the extent that the Product could not be used as a result of the 30, the Purchaser may by notice In Writing fix a final reasonable
defect. period for completion of the Supplier’s obligations, which shall not
be less than one week.
29. The Purchaser shall without undue delay notify the Supplier If the Supplier fails to fulfil his obligations within such final
In Writing of any defect which appears. Such notice shall under period, the Purchaser may himself undertake or employ a third
no circumstances be given later than two weeks after the expiry party to undertake necessary repair work at the risk and expense
of the period given in Clause 27 or the extended period(s) under of the Supplier.
Clause 28, where applicable. Where successful repair work has been undertaken by
The notice shall contain a description of the defect. the Purchaser or a third party, reimbursement by the Supplier
If the Purchaser fails to notify the Supplier In Writing of a of reasonable costs incurred by the Purchaser shall be in full
defect within the time limits set forth in the first paragraph of this settlement of the Supplier’s liabilities for the said defect.
Clause, he shall lose his right to have the defect remedied.
Where the defect is such that it may cause damage, the 37. Where the Product has not been successfully repaired, as
Purchaser shall immediately inform the Supplier In Writing. The stipulated under Clause 36,
Purchaser shall bear the risk of damage to the Product resulting a) the Purchaser shall be entitled to a reduction of the
from his failure so to notify. The Purchaser shall take reasonable purchase price in proportion to the reduced value of the Product,
measures to minimise damage and shall in that respect comply provided that under no circumstances shall such reduction
with instructions of the Supplier. exceed 15 per cent of the purchase price, or
b) where the defect is so substantial as to significantly
30. On receipt of the notice under Clause 29 the Supplier deprive the Purchaser of the benefit of the Contract as regards the
shall at his own cost remedy the defect without undue delay, as Product or a substantial part of it, the Purchaser may terminate
3
Licensed for use by MAN Energy Solutions, branch of MAN Energy Solutions SE, GERMANY ; Licence N° 06/01/03 ORGALIME
the Contract by notice In Writing to the Supplier in respect of such as fire, war, extensive military mobilization, insurrection,
such part of the Product as cannot in consequence of the defect requisition, seizure, embargo, restrictions in the use of power,
be used as intended by the parties. The Purchaser shall then be currency and export restrictions, epidemics, natural disasters,
entitled to compensation for his loss, costs and damages up to a extreme natural events, terrorist acts and defects or delays in
maximum of 15 per cent of that part of the purchase price which deliveries by sub-contractors caused by any such circumstance
is attributable to the part of the Product in respect of which the referred to in this Clause.
Contract is terminated. A circumstance referred to in this Clause whether occurring
prior to or after the formation of the Contract shall give a right to
38. Notwithstanding the provisions of Clauses 23-37 the suspension only if its effect on the performance of the Contract
Supplier shall not be liable for defects in any part of the Product could not be foreseen at the time of the formation of the Contract.
for more than one year from the end of the liability period referred
to in Clause 27 or from the end of any other liability period agreed 42. The party claiming to be affected by Force Majeure shall
upon by the parties. notify the other party In Writing without delay on the intervention
and on the cessation of such circumstance. If a party fails to give
39. Save as stipulated in Clauses 23-38, the Supplier shall not such notice, the other party shall be entitled to compensation for
be liable for defects. This applies to any loss the defect may cause any additional costs which he incurs and which he could have
including loss of production, loss of profit and other indirect loss. avoided had he received such notice.
This limitation of the Supplier’s liability shall not apply if he has If Force Majeure prevents the Purchaser from fulfilling
been guilty of Gross Negligence. his obligations, he shall compensate the Supplier for expenses
incurred in securing and protecting the Product.
ALLOCATION OF LIABILITY FOR DAMAGE CAUSED BY THE
PRODUCT 43. Regardless of what might otherwise follow from these
40. The Supplier shall not be liable for any damage to property General Conditions, either party shall be entitled to terminate the
caused by the Product after it has been delivered and whilst it is Contract by notice In Writing to the other party if performance
in the possession of the Purchaser. Nor shall the Supplier be liable of the Contract is suspended under Clause 41 for more than six
for any damage to products manufactured by the Purchaser or to months.
products of which the Purchaser’s products form a part.
If the Supplier incurs liability towards any third party ANTICIPATED NON-PERFORMANCE
for such damage to property as described in the preceding 44. Notwithstanding other provisions in these General
paragraph, the Purchaser shall indemnify, defend and hold the Conditions regarding suspension, each party shall be entitled to
Supplier harmless. suspend the performance of his obligations under the Contract,
If a claim for damage as described in this Clause is lodged where it is clear from the circumstances that the other party is
by a third party against one of the parties, the latter party shall not going to perform his obligations. A party suspending his
forthwith inform the other party thereof In Writing. performance of the Contract shall forthwith notify the other party
The Supplier and the Purchaser shall be mutually obliged thereof In Writing.
to let themselves be summoned to the court or arbitral tribunal
examining claims for damages lodged against one of them on the CONSEQUENTIAL LOSSES
basis of damage allegedly caused by the Product. The liability 45. Save as otherwise stated in these General Conditions there
between the Supplier and the Purchaser shall however be settled shall be no liability for either party towards the other party for loss
in accordance with Clause 46. of production, loss of profit, loss of use, loss of contracts or for
any other consequential or indirect loss whatsoever.
The limitation of the Supplier’s liability in the first paragraph
of this Clause shall not apply where the Supplier has been guilty of
DISPUTES AND APPLICABLE LAW
Gross Negligence.
46. All disputes arising out of or in connection with the Contract
shall be finally settled under the Rules of Arbitration of the
FORCE MAJEURE
International Chamber of Commerce by one or more arbitrators
41. Either party shall be entitled to suspend performance of his
appointed in accordance with the said Rules.
obligations under the Contract to the extent that such performance
is impeded or made unreasonably onerous by Force Majeure,
meaning any of the following circumstances: industrial disputes 47. The Contract shall be governed by the substantive law of
the Supplier’s country.
and any other circumstance beyond the control of the parties
This is an Orgalime publication. Orgalime represents the mechanical, electrical, electronic and metalworking industries in Europe.
All rights reserved ©
Editeur responsable : Adrian Harris, Director General
ORGALIME – The European Engineering Industries Association
Diamant Building, Boulevard A Reyers 80, B–1030 Brussels
Tel: +32 2 706 82 35 – Fax: +32 2 706 82 50 – secretariat@orgalime.org – www.orgalime.org
Licensed for use by MAN Energy Solutions, branch of MAN Energy Solutions SE, GERMANY ; Licence N° 06/01/03 ORGALIME
MAN Energy Solutions
Sales addendum to General Conditions Orgalime S 2012
This Addendum contains conditions valid for the tender and sale of diesel engine plants and other equipment from
MAN Energy Solutions, amending and supplementing the General Conditions for the Supply of Mechanical,
Electrical and Electronic Products, S 2012, prepared by Orgalime March 2012.
Supplementary clause 5A – Regulations from the date of delivery of the Product, whichever period expires
The Product shall be in accordance only with such regulations as first.
expressly stated in the Contract and as in force on the date of
formation of the Contract. Add to clause 30:
When the Supplier is to carry out repair works at the place where
Supplementary clause 9A – Inspections the Product is located, the Purchaser shall make available and
The Purchaser shall be entitled for his own account to have the bear the costs of an adequate number of fitters, local transport,
quality of the manufacture of the Product inspected by his lifting gear, towing, dockage, supply of electricity and similar
authorised representatives. Such inspection shall be carried out supplies.
at the place of manufacture during normal working hours
according to agreement with the Supplier as to date and time. Add to clause 32:
The Supplier is in no case obliged to pay for airway
Supplementary clause 9B – Erectors, supervisors and/or transportation of defective or replacement parts.
test engineers
The Supplier shall provide the assistance of erectors, supervisors Replace clause 38 by the following:
and/or test engineers for quay and sea trial to the extent Notwithstanding the provisions of clauses 23 – 37, the Supplier
stipulated in the Contract. shall not be liable for defects in any part of the Product for more
Such erectors, supervisors and/or test engineers shall act under than two years from the commissioning of the Product.
the management of the Purchaser and will give comments and
advice to the best of their knowledge on technical questions. The Add to clause 39
responsibility for compliance with such advice and/or The provisions in clauses 23 - 40A set forth the exclusive
recommendation rests solely with the Purchaser. remedies for claims based upon defects in the Product
The Supplier’s liability for negligent assistance of erectors, irrespective of whether the claims are based upon contract,
supervisors and/or test engineers shall warranty, negligence, tort or otherwise.
be limited as stipulated in clauses 23 - 39. No implied warranty of merchantability or fitness
for a particular purpose shall apply.
Delivery. Passing of risk The warranties expressed herein are exclusive of
Replace clause 10 by the following: all other written, implied, oral or statutory
Any agreed trade term shall be construed in accordance with the warranties, terms or conditions.
INCOTERMS in force at the formation of the Contract.
If no trade term has been specifically agreed, the delivery shall Division of liability for damage caused by the
be Ex Works (EXW). Product
If, in the case of delivery Ex Works, the Supplier, at the request Supplementary clause 40A:
of the Purchaser, undertakes to send the Product to its The Supplier’s liability otherwise for damage caused by the
destination, the risk will pass not later than when Supplier has Product to the property of third parties shall be limited to DKK
notified Purchaser that the Product is ready for dispatch. Partial twenty (20) million, and the Supplier shall in no case be liable for
shipments shall be permitted unless otherwise agreed. loss of production, loss of profit or any other consequential
economic loss.
Time of delivery. Delay In the event that the Supplier should incur liability towards a third
Replace clause 14, 2nd para by the following: party in excess of the limitations stipulated above in this clause
The liquidated damages shall be payable at a rate of 0.5 per cent 40A, the Purchaser shall indemnify the Supplier.
of the purchase price for each completed week of delay. The The limitations of the Supplier’s liability according to this clause
liquidated damages shall not exceed 7.5 per cent of the purchase 40A shall not apply where the Supplier has been guilty of gross
price. negligence as defined in clause 12.
Hovedkontor (& postadresse) PrimeServ Produktion Varemodtagelse og Forsendelse MAN Energy Solutions
MAN Energy Solutions Teglholmsgade 41 Teglholmsgade 35 Teglholmsgade 35 filial af MAN Energy Solutions
Teglholmsgade 41 2450 København SV 2450 København SV 2450 København SV SE, Tyskland
2450 København SV Danmark Danmark Danmark CVR Nr.: 31611792
Danmark Tlf.: 33 85 11 00 Tlf.: 33 85 11 00 Tlf.: 33 85 11 00 Hovedkontor: Teglholmsgade 41
Tlf.: 33 85 11 00 Fax: 33 85 10 49 Fax: 33 85 10 17 Fax: 33 85 10 16 2450 København SV
Fax: 33 85 10 30 PrimeServ-cph@man-es.com manufacturing-cph@man-es.com Tysk reg. nr. HRB 22056
info-cph@man-es.com Amtsgericht Augsburg
www.man-es.com
MAN Energy Solutions
Notes:
MAN Energy Solustions
Notes:
MAN Energy Solutions
Notes: