GuB 20170731 Gray FIDUC Contract Agreement

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Service Agreement – time-based.

Key words Description Specific agreed issues YN

Client Company’s Name


Authorized Representative
Street Address to deliver
registered letter (i.e. Invoices)
Debtor Town, Zip
Country
E-Mail : Contractual matters
E-Mail : Invoice matters
Mobile Phone No / Whatsapp
Telephone Number
Facsimile Number

Consultant Name of Service Provider /


GuB GmbH
Free lancer’s enterprise
Authorized representative Helmut F Giesa
Address / Street An der Schafscheuer
Creditor Town, Zip Code 91781 Weißenburg i. Bay.
Country Germany
E-mail 1 Helmut@AiD21.de
E-Mail 2 GuB21@GuB21.de
Mobile Phone / Whatsapp +49 172 821 1831
Telephone Number +49 9141 84727 or 84728
Facsimile number +49 9141 3919

General Ruling language English


Provisions Governing law Civil Law
Communication Notices and all other communications shall be valid
via e-mail. The other party has to acknowledge the
date of receipt of any e-mail within three calendar
days, however the countdown of any deadline starts
with the actual access of any notice, invoices,
documentary evidences.
Normal Working Normal Twenty-two (22) working days per month
7 hours deemed to be a One (1) working day is equal eight (8) hours
working day (EU Art. 26.9)
Monthly working days / Normal 22 working days / month @ 8 h per day =
max. hours per month normal 176 hours per month.
Place of mission / place of
Mossul (Iraq)
station (specify one town only)
Travels to places A, B, C, …. A _ not applicable
with return on the same day B_
C_
Travel to places X,Y,Z X _ not applicable
with stay overnight Y_
Z_
Overtime / Travel times - “Overtime” due to travel to meetings / sites – esp.
outside the usual 7-8 hours outside the place of mission and normal working
working hours - will be hours - will be recorded on the time sheet. These
compensated additional / exceptional time efforts will be

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Service Agreement – time-based.
Key words Description Specific agreed issues YN

compensated by money or by leisure time


(e.g. earlier return to home).
Insurance The service provider is responsible for his health /
travel insurance
Liabilities The service provider is liable for gross negligence,
deliberate default, fraud, reckless misconduct or
fraudulent misrepresentation
(White FiDiC Book, Clause 6)
Interpretations If interpretations will arise, the parties shall refer to
the General Conditions of Contract / White FiDiC
Book.

Time Commencement of Services 01 January 2018


Schedule for Completion of Services 31.10.2018 latest.
Services Total input : 6 months @ 22 = 132 working days (normal
3 mission @ approx.. 2 months services)
Mission No 1: Start 01. January 2018
Duration 40 working days @ 8 = 320 hours (40//40 wd)
Finish ~ 24.02.2018
Mission No 2: Start 01.05.2018
Duration 50 working days @ 8 = 400 hours (50//90 wd)
Finish ~14.08.2018
Mission No 3: Start 01.09.2018
Duration 42 working days @ 8 = 176 hours (42//132 wd)
Finish ~29.10.2018

Retainer FEE Compensation for Stand-by If the first mission will not commence within +/-
times, after the 7th days of seven days, the contract partners shall either
Stand-by Fee planned commencement. compensate the waiting time from the 08 th day
onward, or the service provider has the option to
terminate the agreement without prejudice.(WFB
Sub-Clause 4.9)
Synchronization 6 weeks The availability of the later missions shall be
ahead synchronized at least six weeks ahead to avoid
retainer fee. Further delays shall be compensated or
the contract shall be terminated with immediate
effect.

Scope of Project Name Mossul Trans Habour Linke / Iraq


Works The type of services Time-based (proof by time sheet – hours)
Assigned Function Advisor for Procurement
Normal Services (tasks, duties The TOR refers to the scope of works (tasks +
and responsibilities) duties + authorities + responsibilities) for the
assigned function.
Additional Services Increase of works / time input shall be regarded as
additional services and shall be extra compensated.
Exceptional Services Travel times outside of the place of mission
necessarily to perform the Contract obligations have
to be extra compensated based on an hourly rate.

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Remedies If the Employer of the project request changes,


modifications or rectifications, the Service provider
will amend the alterations against compensation
within the normal working hours or as exceptional
service hours.

Provided Client provides free of charges


by Pre-paid Return Ticket The Client provides the pre-paid e-ticket number for
Client both directions.
Pick up at airport The Client will pick up the service provider with two
persons at the airport to prevent kidnapping /
abduction. He provides a photo (i.e. via Whatsapp),
names and mobile phone number.
EU-Per diem 2017 provided Not applicable, because company provides / pays
for the appropriate Hotel Accommodation inclusive
breakfast.
Amount per presence day Current EU per diems 2017 preferred, to the Hotel
https://ec.europa.eu/europeaid/sites/devco/files/perdiem-rate-
20150318.pdf
Hotel with West-European
The Hotel will meet West-European Standard.
Standard
Safety and security measures The Hotel is secured with armed personnel.
Food Allowances 50 USD pocket money per “presence day” in the
country, if no EU-per diem will be paid
Vehicle and Driver The Service provider will be picked up daily to travel
form the Hotel / armed secured Guesthouse to
Office, return to home or for site visits with back-up
vehicles esp. in unsafe areas.

Remuneration Bad living conditions +35% Considered already in the basic fee
Unsafe conditions in fragile / Considered in the basic fee in context with travels
post-war countries + 35% out of the place of mission / station-
Basic monthly fee, i.e. Lump Lump sum 15.400 USD per months, based on 22
sum for agreed normal working working days equal 154 - 176 hours per month,
day and hourly rate. e.g 15.400 USD / 154 hours p m = 100 USD/hour.
Exceptional Services If the travelling will take place in excess of the daily
i.e. Travel time outside the worked hours, the exceptional service has to be
usual working hours compensated. The time sheet will record Start –
Usual Finish time + additional travel times.
Authorized persons to sign Team Leader’s Name:
Proxy’s Name:
Time sheet at the end of each The time sheet signature shall not be delayed. If the
calendar month signature cannot get at the end of the respective
month, the time sheet deemed to be approved by
the Client
Advanced payment: Per diem 80% of the pocket money :
per EU-DIEM / pocket money 50 USD@30 presence days due prior to departure
of mission
Advance payment: USD-Invoice : 150 USD * 2 ways = 300 USD
Lump sum for Rent of vehicle EUR-Invoice : 130 EUR * 2 ways = 260 EUR

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with fuel to travel from


residence to airport.
Monthly invoices FEEs and The method of measurement is based on the time
incidental expenditures sheet: Hourly rate = lump sum / 176 hours per
months times approved render services
Invoicing sent via e-mail / pdf-
The access per e-mail
file
Payment (credited on the 14 days, count down start with e-mail access of the
Consultant’s account) scanned invoice / supporting documents.

Payment Terms of Payment The Service Provider / Consultant submits his


“monthly” invoices at the end of each calendar
month (30 / 31. Of the respective months, even torso
months)
Method of measurement The rendered services will be measured
in hours per month, esp. due to the fact, that the
service provider is said to travel outside the normal
working hours.
Methods of payment The Clients remits the invoice amount to the
German bank account.
The transfer fee is being paid by the Client.
Time of “advanced” payments “Invoices Advances” shall be paid immediately, prior
to departure abroad
Time for “monthly payments” at
14 calendar days, countdown with actual access of
the end of calendar month
the invoice sent via e-mail.
(torso months)
Price changes Price adjustment formula will not apply.
Currency of “Invoice /Payment” US-Dollar
Taxation VAT will not be due, because the service will be
rendered outside of the EU28: Pakistan.
Currency of Creditor’s “Account” US-Dollar
Attention: GuB GmbH operates a USD-Account
Account Holder GuB GmbH
IBAN DExx xxxx xxxx xxxx xxxx xx
BIC / Swift HYVE DE MM xxx
Bank name i.e. HypoVereinsbank - UniCredit

Late / Delayed Delayed payment The debtor is entitled to terminate the contract with
Payment is considered as a substantial immediate effect, however shall not prejudice or
and breach of Contract. affect the accrued rights or claims and liabilities of
Termination the parties (W F B – SC 4.9).
Liquidated Damages Sanction for delayed payment:
for late payment 0,05 % per calendar day

Mediation Alternative Dispute Resolution If a dispute will arise, each party shall appoint an
technical expert within 7 days, and these two
experts shall propose a resolution within 21 days to
the referring and responding party. The parties shall
be deciding for final and conclusive solution - within

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the next seven days -.

Contract Agreement acknowledged by

Client / Consultant / Free Lancer

…………………………………… …………………………………………….
Katharina
GuB GmbH
Date: 31 July 2017

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