Withdrawn Document Uncontrolled When Printed

Transcription

1 PARTICULAR CALL ROUTING APPARATUS CONDITIONS OF CONTRACT ISSUE 1.0 DATE: 27 September 1988 CALL ROUTING APPARATUS PARTICULAR CONDITIONS OF CONTRACT Director of Signal and Telecommunications British Railways Board Macmillan House Paddington Station London W2 lft Engineering Rek 4/ ; -.. (C) 1988, BRITISH RAILWAYS BOARD

2 PARTICULAR CONDITIONS OF CONTRACT FOR THE PURCHASE OF CALL ROUTING APPARATUS 1. DEFINITIONS.- Fault Escalation The reporting of a fault or mis-operation to the manufacturer or support authority. Plant Shall also mean any software supplied with or for the system supplied under the Contract. Specification Model A Shall mean the Specification of Works annexed to or defined in the Engineers Invitation to Tender together with its associated Technical Specifications and cross-references. Shall mean the model form of General Conditions of Contract published by the Institution of Electrical Engineers for use in connection with Home Contnacts - with Erection. Words importing gender shall equally include the opposite. 2. PRECEDENT In case of doubt these Particular Conditions shall take precedence over the Special Conditions BRB 11A which shall take precedence General Conditions of Contract. over 3. GENERAL CONDITIONS OF CONTRACT MODEL A Clause 14(iv) - The Contractor shall provide all Iabour, materials, stores and apparatus required for the tests on site unless specifically determined in the Contract. 4. RESPONSIBILIW OF THE ENGINEER 4.1. Accommodation The Engineer agrees to provide the accommodation for the installation of the apparatus to the standard required by the PTO, the approval authority or other competent body Pre-Connection Inspection The Engineer agrees to arrange for the PTO S approval and inspection prior to connection. b Particular Conditions of Contract, Issue 1.0 Page 1

3 4.3. Approval and Licencing The Engineer agrees to observe the Conditions of the Approval of the apparatus and the Telecommunications Act 1984 including any subsequent amendments. 5. RESPONSIBILIW OF THE CONTRACTOR o 5.1. Off-Loading The Contractor shall be responsible for off-loading and positioning all apparatus in its agreed position at the installation site. v 5.2. Access to BRB Property The Contractor must apply for Walking Permits on BR Form 8333/1 in respect of all members of his staff who may require access to Bf\ property. These applications should be accompanied by a signed and dated recent photograph of all applicants. These permits will be issued for a m,aximum of 12 months and if required will be renewed The Contractor shall ensure that only properly authorised members of his and sub-contractor gain access to the works. staff 5.3. Working Apparatus 5.4. Cutover The Contractor must not interfere with, or cause interference with, working apparatus and line plant connected with the working of the Railway, except by written agreement and in the presence of the Engineer. The Contractor shall arrange the cutover to the new system under the direction of the Engineer and provide such assistance and co-operation as maybe required Post Commissioning Services The Contractor shall provide adequate staff, spares and apparatus on site on the Engineer s commissioning date and for the period specified in the Contract. The Contractor may utilise those staff for other duties on site when not required for fault clearing It should be noted that the Engineers commissioning date will not coincide with the take over date in the GeneraI Conditions of Contract and may not coincide with the BIS date. t Particular Conditions of Contract, Issue 1.0 Page 2

4 The Contractor must maintain s~lcient spares on site to ensure that the Contract spares are handed over in full Spares, Documentation &Training d The Completion Certificate will not be completed until all such documentation, training and spares as may be included in the Contract have been provided If the Contractor delays the provision of any of those items, the Contractor must be prepared to attend any failure when called by Engineer until the missing ttems have been satisfactorily provided. 6. TITLE 6.1. Hardware Ttile to the system hardware shall pass to the Engineer in accordance with the provisions of the General Conditions of Contract Software Ttile to the system software, the media on which it is embodied and the copyright and all other intellectual and industrial property rights in the system software shall at all times remain with the Contractor or his Iicencees. 7. INTELLECTUAL PROPERTY RIGHTS 7.1. The Contractor shall indemnify the Engineer against any injunction or final judgement or any settlement made by the Contractor or its Iicencees for infringement of third party U.K patents and copyright as a consequence of the Engineers use of the system provided that the Enginee~ Promptly notifies the Contractor of any allegations of infringement Makes no prejudicial statements Allows the Contractor to be responsible for the conduct and negotiation of any litigation This indemnity shall only apply where the system has been used in an approved manner and not where the connection is not approved under Section 22 of the Telecomm Act 1964 or by the system s manufacturer Particular Conditions of Contract, Issue 1.0 Page 3

5 7.3. If a claim for infringement is made, or in the opinion of the Contractor, is likely to be made with respect to the system, the Contractor shall have the right and duty to proceed on behalf of the Engineer. In the event of a claim, the Engineer shall have the right to continue using the system or to modify it so that it becomes non-infringing and the Contractor shall ensure that the system continues to provide the features and facilities agreed when originally supplied The Contractor s liability under this Clause shall not exceed the Contract sum for the system. 8. COPYRIGHT 8.1. The copyright on all intellectual and industrial propew rights in all documents and drawings provided by the Contractor may remain vested in the Contractor or his Iicencee The Engineer agrees to take all reasonable steps to preserve the confidentially of the information which it is agreed that will only be used for the purpose for which it was supplied. It will not be disclosed to any third party unless agreed by the Contractor in writing. 9. SOFIWARE LICENCE 9.1. The Contractor shall grant the Engineer a non-exclusive Iicence to use the system software solely with and for the operation of the system (and for no other purpose), for so long as the Engineer wishes to use the system software for that purpose The system software shall be supplied in object code form and current release state on a suitable media together with a configuration manual. The Engineer recognises that source code will not be supplied unless otherwise agreed The Engineer agrees not to copy, modify or merge any part of the software media or configuration manual, nor part with possession of same, nor deal with them in any manner, prejudicial to the Contractor without his prior consent The Engineer acknowledges that the Iicence granted by this agreement shall automaticallyy terminate when he permanently ceases to use the system hardware or upon termination of this or the subsequent support agreement for any reason, or upon any attempt to levy, distress or execution of the media, system software or any patt of it, and the Engineer will NO longer be in possession of the media and system software with consent and will promptly return or destroy on request, all the media and system software, and shall erase all parts of the system software from any storage apparatus in the system hardware.. : Particular Conditions of Contract, Issue 1.0 Page 4

6 9.5. If the Engineer wishes to dispose of the system hardware to a third party, the contractor shall undertake to negotiate in good faith, an agreement for such third party for a software Iicence and support subject to the agreement of acceptable terms and conditions. 10. WARRANTY The Contractor shall warrant that the system shall be free from defect in materials and workmanship for a period of 12 months from the Brought into Setvice (BIS) date. This shall be subject to the system being used for the purpose for which it was designed and supplied and maintained by the Engineer,. in accordance with the manufacturer s maintenance manuals and schedules and had not been modified except with the Contractor s consent. The Contractor shall use all reasonable endeavors during the warranty period to repair or at his option replace defective items of system hardware, to provide suppott by telephoned enquiry or by attendance on site for third or design level faults, all free of charge. The Contractor shall pass onto the Engineer any warranty which the Contractor receives for third party suppliers. The Contractor shall correct any software faults affecting the performance of the system at no cost to the Engineer. The Contractor shall accept the responsibility for conforming to the performance data and features in the Specification of Works. The Engineer will accept the responsibility for only that part of the performance data supplied by him. The Contractor may make a reasonable charge in respect of any visit, made as a result of a fault escalation where: No fault is found to exist or The fault is not covered by this warranty The Engineer will at his option, investigate all faults occurring on the system during the warranty period and exchange field replaceable units or escalate to third level, - END OF PARTICULAR CONDITIONS - Particular Conditions of Contract, Issue 1.0 Page 5

7 11. DOCUMENT HISTORY Amendments in the text will be indicated by an asterisk (*) or an underline and a number suffii added to the Specification Issue number. Where substantial changes are made to the text, Clauses and Paragraphs will not be marked, but the issue number will be advanced. Issue Date Details of change Draft Prepared, MJT Ott 1987 Transferrtxl from Wang. Para numbers corrected, sub-paras split, layout and typography corrected, SMH NOV Sep 1988 Amendments to 1., 5.3, re-written. MJT. Auto para numbering enabled. Addresses and titles corrected. SMH Particular Conditions of Contract, Issue 1.0 Page 6

8 PARTICULAR CONDITIONSOF CONTRACT SCHEDULE OF COMPLIANCE * Tenderers shall complete the Schedule of Compliance,in which are shown the numbers of clauses and sub-clauses comprising these conditions, by stating YES or NO against each such clause and sub-clause, to indicate whether or not the Tenderer FULLY complies with the conditions in respect of that clause. If a clause is not completed non-compliance shall be assumed. Condition Comply Clause Subject Yes/NO 3. GENERAL CONDITIONS OF CONTRACT MODEL A Yes/NO 5.1 Off-Loading Yes/NO Walking Permits Yes/NO Authorised staff only Yes/NO 5.3. Working Apparatus, non-interference Yes/NO 5.4. Cutover Yes/NO Staff & spares on commissioning Yes/NO Separate dates Yes/NO Contract spares Yes/NO Condition for completion certificate Yes/NO Attendance at failures Yes/NO 6.1 Title to Hardware Yes/NO 6.2 Title to Software Yes/NO 7.1 lnciemnity against. actions Yes/NO 7.2. indemnity on approved connections Yes/NO 7.3. Preceding on BR s behalf Yes/NO 7.4. Limit of liability Yes/NO. 8.1 Retention of copyright Yes/NO Particular Conditions of Contract, issue 1.0 Schedule of Compliance Page 1