1.

SCOPE OF SERVICES/OBLIGATIONS OF SERVJCE PROVIDER

The Service Provider shall provide Contract and Claim Management related
service lo Siemens during the project acquisition as well as during the
executing of various projects of Siemens. The scope of service will generally
include but is not limited to the following services:
a)

The Service Provider shall be responsible for preparing comprehensive

s based on the rights available to Siemens under the conrract,

law

and the industrial norms. The Service Provider shall prepare claims

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which relate to the cost escalation and the extension of time based on
the underlying contract of Siemens with the customer.

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b) The Service Provider shall maintain a claim register and ensure that
1,,.-l' oper claim records are being maintained
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c) The Service Provider shall highlight from time to time the potential

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risks and give suggestions on mitigating risks in the contracts.

d)

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During the project execution, the Service Provider shall flag issues that
might result in delay or claim and advise the project managers of any

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risks that may affect the overall timely completion of the project or

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significant cost escalation. The Service Provider shall also identify and

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report potential problem areas, particularly those that are likely to give
rise to in-coming claims from the customer. The Service Provider shall
give proactive solutions so as to minimize the chances of any incoming claims of the customer.

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Service Provider shall

Prepare the Terms

& Conditions of

Contracts with Customer & Supplier - both for Tenders & Orders
Received.

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1f>J,t',)> and Conditions of all Contracts (Customers & Suppliers).
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g) The Service Provider shall provide solution on contracrual issue as they
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anse and prov1 d e appropnate so I uuons.
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f)

The Service Provider shall review and maintain knowledge of Terms

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Service Provider shall ensure completeness

and

validity of

contractual requirements.

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The Service Provider shall ensure general monitoring and reporting on

the progress of all contracts.
j)

The

Service

Provider shall identify the individuals

who

will

be

providing the above Services to Siemens. Such resources shall be

available for any consultation, discussions, meetings etc. from 9a.m. Sp.m. on all working days.
k)

The Service Provider shall endeavor to render high quality services and
shall avoid any inefficiencies such sloppiness in its work and mistakes.

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2.
a)

PAYMENT TERMS
In consideration of the covenants and agreements to be kept and performed by
Service

Provider

and

for

the

faithful

performance

of

this

Agreement,

SlEMENS shall pay and Service Provider shall receive and accept (as full and
final compensation for the Services furnished by Service Provider under this
Agreement) the payments as per Annexurc-A attached hereto.
b)

Notwithstanding anything contained herein, all or any payment to be made by

SIEMENS to Service Provider shall be made after deducting any or all
applicable taxes and levies which SIEMENS under the law is liable/entitled to
deduct from any such payments.

c)

The payments to be made to Service Provider in terms of this Clause 3 shall

constitute Service Provider's only remuneration in connection with this
Agreement and neither Service Provider nor its personnel shall accept any
trade

commission,

discount,

allowance

or

indirect

payment

or

other

consideration in coruicction with or in relation to this Agreement or to the

discharge of the Services hereunder.
3.

SERVICE PROVIDER UNDERTAKINGS

Service Provider agrees and undertakes that:

a)

it shall supervise and direct the performance of Services competently and

efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Services in accordance with this
Agreement.

Service Provider shall be solely responsible for the means,

methods, techniques, sequences and procedures used and to see that the
Services, when completed or finished complies accurately with the terms of
this Agreement;
b)

it shall exercise all reasonable skill, care and diligence in the disd1arge of the
Services agreed to be performed by it under this Agreement. If in the
performance of the Services, Service Provider has a discretion exercisable as
between SIEMENS and any third party concerned, Service Provider shall
exercise its discretion fairly;

a)

it shall in all professional matters act

b)

in addition to the Services, Service Provider will provide nil the expert

as

a faithful adviser to SIEMENS;

technical advice and skills which are normally required for the clas
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of