S202MC16 ABB, S202MC16 Datasheet - Page 173

• Manufacturer Part Number: S202MC16
• Description: MCB, 2 POLE 16A TYPE C
• Manufacturer: ABB

Specifications of S202MC16

• Current Rating: 16A
• No. Of Poles: 2
• Rohs Compliant: Yes
• Svhc: No SVHC (20-Jun-2011)

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1. GENERAL
1.1. Whenever ABB Limited (“ABB”) has referred to Orgalime S 2000 in a quotation or other
type of offer or in an order acknowledgement, Orgalime S 2000 and this Addendum shall
apply to the resulting contract between ABB and the Purchaser. If the Purchaser refers to
other terms and conditions in the Purchaser’s previous or subsequent communications with
ABB, such other terms and conditions shall apply only to the extent ABB expressly agrees
thereto in writing.
1.2. The Purchaser represents that it has access to the Orgalime S 2000 terms and
conditions.
1.3. Should ABB accept other terms and conditions than the ones contained in Orgalime S
2000 and this Addendum, ABB shall not be bound by the price, delivery terms, warranties
and other terms quoted by ABB, unless the ABB quotation expressly refers to those other
terms and conditions.
1.4. In the event of any contradictions or discrepancies between this Addendum and
Orgalime S 2000, this Addendum shall prevail.
2. DEFINITIONS
In Orgalime S 2000 and this Addendum,
(a) “Orgalime S 2000” shall mean Orgalime’s General Conditions for the Supply of
Mechanical, Electrical and Electronic Products, August 2000 edition or the latest edition
published thereafter;
(b) “Product” shall include services to be provided by ABB in relation to the Product;
(c) “Purchaser” shall mean the other party to the contract; and
(d) “Supplier” shall mean ABB.
3. AMENDMENTS
3.1. Standard Products
3.1.1. The Product shall be supplied in its standard version together with ABB’s relevant
standard documentation and instruction manuals as appropriate. Alternative finishes, colours
and special packing may be supplied at extra charge, as may additional documentation.
3.1.2. The Product is not warranted to be fit for any particular purpose, unless and to the
extent such particular purpose has been expressly specified and warranted by ABB in
writing.
3.2. Payment Terms
3.2.1. Payment shall be made by the Purchaser no later than thirty (30) days from the date
the relevant invoice was issued, unless otherwise stated on the invoice. Should part of an
invoice be disputed by the Purchaser, the Purchaser shall nevertheless pay the undisputed
amount on the due payment date. Payment may be made via BACS.
3.2.2. Payment shall be made in the currency in which the purchase price was quoted by
ABB.
3.2.3. Should
(a) the Purchaser’s payments be overdue by more than 14 calendar days;
(b) proceedings be commenced to wind up the Purchaser (except for the purpose of solvent
amalgamation or reconstruction);
(c) any composition or arrangement with the Purchaser’s creditors be made; or
(d) the Purchaser be put under administration, or if a receiver is appointed,
ABB shall be entitled (without incurring any liability therefor) to terminate the contract by
notice in writing, and thereupon to recover any loss or damage ABB has suffered as a result
of such termination, except that the compensation paid towards such loss or damage shall
not exceed the purchase price.
3.3. VAT
The purchase price is strictly net and exclusive of VAT and similar.
3.4. Retention of Title
3.4.1. The Product shall remain the property of the Supplier until paid for in full.
3.4.2. Until title in the Product has passed to the Purchaser, the Purchaser shall keep the
Product and any part thereof in the Purchaser’s possession clearly marked or otherwise
identified as being ABB’s, and store them separately from the Purchaser’s own plant. ABB
shall be entitled at any time during normal business hours to enter the Purchaser’s premises
in order to inspect the Product and ensure that it is so marked or clearly identified.
3.4.3. Should the contract be terminated by ABB for any reason before title in the Product
has passed to the Purchaser, ABB shall be entitled at any time during normal business
hours to enter the Purchaser’s premises in order to recover the Product. ABB reserves the
right to dispose of any Product so recovered.
3.5. Export restrictions and non-authorised use
3.5.1. Any supply of technology under the contract shall be subject to any laws and other
restrictions on the export, re-export or import of any technology licensed under the contract
as may be imposed from time to time by the UK or United States Governments or their
agencies. The Purchaser shall not knowingly export, re-export or import, directly or indirectly,
any such technology licensed from or provided by ABB to any country for which the UK or
United States Governments or any their agencies require an export licence or other
Government approval at the time of such export, without first obtaining such licence or
approval. The Purchaser shall require that all third parties receiving such technology from the
Purchaser comply with this requirement.
ABB shall assist the Purchaser in every reasonable way in the investigation and clarification
of any possible export or import licence requirements and in the obtaining of such licences
at the Purchaser’s cost.
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Terms & Conditions
3.5.2. The performance by either of the parties of an obligation under the contract, which
performance requires an export or import licence or other government approval, and any
other obligation affected shall, to the extent it is necessary, automatically be suspended until
such licence or approval as mentioned in sub clause 3.5.1 is given. If such licence is not
granted with in a reasonable time or is revoked by the appropriate authorities, ABB shall be
entitled to terminate the contract, and the Purchaser shall compensate ABB for any loss or
damage as a result of such termination.
3.5.3. Unless expressly agreed in writing by ABB, the Product is provided on strict condition
that:
(a) the Product is solely for civil use;
(b) the Product is not to be supplied to any country whether directly or indirectly or for any
application where such supply or application is prohibited by any law or regulation binding or
effective in that country, in the United Kingdom or the country of manufacture; and
(c) the Product will not in any way be installed, used or applied in or in connection with the
operation of any nuclear facilities such as but not limited to nuclear power plants, nuclear
fuel manufacturing plants, ura-nium enrichment plants, spent nuclear fuel stores or research
reactors.
3.5.4. Whenever ABB so requests, the Purchaser shall provide ABB with an end user
certificate, which shall be subject to ABB’s reasonable approval and signed by the
Purchaser’s authorised representative, confirming that the end user shall comply with
subclause 3.5.3, items (a) - (c). Until such time as ABB has received such end user
certificate, ABB shall be entitled to suspend the performance under the contract.
3.5.5. The end user certificate referred to in subclause 3.5.4 shall form part of the contract
and any breach by the Purchaser or any for whom the Purchaser is liable (which shall,
without limitation, include the end-user) of any of the provisions set out in subclause 3.5.3,
items (a) - (c), shall be deemed a fundamental breach of contract by the Purchaser, and shall
entitle ABB to terminate the contract forthwith by giving notice to the Purchaser.
3.5.6. In the event of such termination as is mentioned in subclause 3.5.5, the Purchaser
shall compensate (without limitation) ABB for any damage and losses sustained as a result
of the breach.
3.5.7. The Purchaser shall keep ABB, its officers, directors, employees, agents and advisers
indemnified against any claims and liabilities arising out of any breach by the Purchaser or
any for whom the Purchaser is liable (which shall, without limitation, include the end user) of
any of the provisions set out in this sub-clause 3.5.
3.6. Limitation of liability
3.6.1. To the maximum extent permitted by applicable law, and notwithstanding anything to
the contrary in the contract or otherwise, neither party shall be liable to the other for any
indirect, special, incidental or consequential damages such as, but not limited to, loss of
revenue, loss of business, loss of use, interruption of business, loss of operation time, costs
of capital and cost in connection with interruption of operation.
3.6.2. To the maximum extent permitted by applicable law, ABB limits its aggregate liability
under the contract for direct damage to an amount equivalent to the price.
3.6.3. The Purchaser acknowledges that the contents of sub clauses 3.6.1 and 3.6.2 have
especially been brought to the Purchaser’s attention, and that said subclauses have been
duly negotiated between the parties.
3.7. Indemnification
If Products are to be manufactured or any process is to be applied to Products by ABB in
accordance with a specification submitted by the Purchaser, the Purchaser shall indemnify
ABB against all losses, damages, costs, expenses and claims suffered or incurred by ABB in
connection with infringement of any intellectual property rights of any third party resulting
from ABB’s use of the Purchaser’s specification.
3.8. Limitation period
Subject to law as regards personal injury and death, the Purchaser shall have no claim
against ABB, in contract or in tort, in relation to anything performed or delivered under the
Contract (including claims for defective Products, services or goods), unless ABB has been
notified in writing of such claim within twenty four (24) months of delivery.
3.9. Exclusion of third party rights
Pursuant to section 1(2)(a) of the contracts (Right of Third Parties) Act 1999 (the “Act”), the
parties intend that no terms of the contract may be enforced by a Third Party (as the term
“Third Party” is defined in the Act).
3.10. Governing law
The contract shall in all respects be governed by and construed in accordance with English
substantive law. The parties agree that the United Nations Convention on contracts for the
International Sale of Goods shall not apply to the contract (even if the United Kingdom or
any part thereof should accede to the said convention).
3.11. Miscellaneous
The contract constitutes the complete and full understanding between the parties thereto
with respect to the subject matter of the contract and supersedes all previous negotiations,
representations, agreements, commitments and writing in respect thereof. Neither party shall
be bound by any terms conditions, definitions, warranties, understandings or representations
with respect to such subject matter other than as expressly provided in the contract or as
duly set forth on or subsequent to the effective date thereof in writing.
3.12. Min Order
£100.00 nett carriage paid, orders below £100.00 incur £25.00 surcharge.
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