PART 3 CONTRACT - Pmueinrip-binamarga.com

Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contractwhen used, shall be governed by the rules prescribed inthe current edition of Incoterms specified in the SCC andpublished by the International Chamber of Commerce inParis, France.4.3 Entire AgreementThe Contract constitutes the entire agreement between thePurchaser and the Supplier and supersedes all communications,negotiations and agreements (whether written or oral) of theparties with respect thereto made prior to the date of Contract.4.4 AmendmentNo amendment or other variation of the Contract shall be validunless it is in writing, is dated, expressly refers to the Contract,and is signed by a duly authorized representative of each partythereto.4.5 Nonwaiver(a)(b)Subject to GCC Sub-Clause 4.5(b) below, no relaxation,forbearance, delay, or indulgence by either party inenforcing any of the terms and conditions of the Contractor the granting of time by either party to the other shallprejudice, affect, or restrict the rights of that party underthe Contract, neither shall any waiver by either party ofany breach of Contract operate as waiver of anysubsequent or continuing breach of Contract.Any waiver of a party’s rights, powers, or remedies underthe Contract must be in writing, dated, and signed by anauthorized representative of the party granting suchwaiver, and must specify the right and the extent to whichit is being waived.4.6 SeverabilityIf any provision or condition of the Contract is prohibited orrendered invalid or unenforceable, such prohibition, invalidityor unenforceability shall not affect the validity or enforceabilityof any other provisions and conditions of the Contract.Language 5.1 The Contract as well as all correspondence and documentsrelating to the Contract exchanged by the Supplier and thePurchaser, shall be written in the language specified in theSCC. Supporting documents and printed literature that arepart of the Contract may be in another language provided theyare accompanied by an accurate translation of the relevant3-4