BUDGETARY ESTIMATE

Energy Solutions

 F A C I L IT Y Residence INN By Marriot

 C U S TO M E R Residence INN By Marriot

Energy Optimization by Replacing Existing

 WORK
HVAC System with Highly Efficient System .

Reference Revision Date

TBA-DXB-05-Residence INN -JIM 0 23-May-22

Dubai Branch | TRANE BVBA, Commercial Registration 1072402 License 650792

Principal | TRANE BVBA, Lenneke Marelaan 6, BE-1932 St Stevens – Woluwe, Belgium – ON 0888.048.262 – RPR Brussels
 Residence INN By Marriot
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TECHNO-COMMERCIAL PROPOSAL
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
C ONTENT

Content ............................................................................................................................................................................... 2

Cover Letter ........................................................................................................................................................................ 3

Company Profile ................................................................................................................................................................. 4

Solution to Existing Site Condition ...................................................................................................................................... 5

Proposed Scope of Works for Energy Optimization ........................................................................................................... 7

Exclusion/Assumptions ....................................................................................................................................................... 9

Price Summary .................................................................................................................................................................. 10

Commercial Conditions..................................................................................................................................................... 11

Clarifications ..................................................................................................................................................................... 12

Terms and Conditions of Sale ........................................................................................................................................... 13

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 2 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
C OVER L ETTER
To,
Mr. SHAJI KOYA
Residence INN By Marriot.
Mail; ce@residenceinnsheikhzayeddubai.com

Dear Sir,
Facility: Resdence INN By Marriot -Shk Zayed Road, DUBAI | Work: Energy Optimization by replacing HVAC system
with Energy Efficient system .
We thank you for your enquiry regarding Trane cooling solutions and have the pleasure in submitting our Trane®
Building Advantage™ turnkey proposal for the works on the above project.
Interested in our full cooling capabilities to support your business?
We welcome the opportunity to extend our current proposal and become your cooling/Energy solutions partner in
helping you make the right financial decisions on both first investment and operational costs and providing and
maintaining reliable, energy efficient cooling solutions. Trane can offer you an extensive range of cooling equipment
systems, controls and services, which can have a measurable impact on your business. Please call us to learn more
Trane has unique solutions that can turn any building system into a business advantage

This proposal is prepared based on TRANE Standard Terms & Conditions as attached. Contract Terms &
Conditions will be mutually discussed & agreed at the time of signing the contract.

Yours truly
For TRANE BVBA | Dubai

Mohamed Illiyas
Account Manager- Building Solutions
Illiyas.mohamed@trane.com
+971 50 6408478

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 3 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
C OMPANY P ROFILE
Trane® brings comfort of the air for people in homes and buildings, and comprehensive solutions for process cooling
needs in industrial applications; and we're applying our expertise in environmental technology and energy conservation
to make a difference in energy efficiency. Trane® www.Trane.com, a brand of Trane Technologies, is one of the world’s
leading chiller manufacturers, with more than 30,000 employees supported by more than 20 manufacturing facilities

 T R A N E T E C H N O L O G IE S
TRANE TECHNOLOGIES www.tranetechnologies.com, advances the quality of life by creating comfortable, sustainable
and efficient environments. Our people and our family of brands—including Thermo King® and Trane®—work together
to enhance the quality and comfort of air in homes and buildings; transport and protect food and perishables; and
increase industrial productivity and efficiency. We are a $12 billion global business committed to a world of sustainable
progress and enduring results

 T R A N E O F FE R I N G S
Trane offers a broad range of energy-efficient heating, ventilation and air conditioning systems; process cooling
solutions; air cleaning products; service and parts support; and building controls solutions
We help owners maximize their return on investment by optimizing the performance of their buildings. Our offerings
are customized and include Energy Retrofit Services, Turnkey Services and Comprehensive Solutions. From a simple
replacement of a chiller to complex long-term partnership, Trane Turnkey Services provides start-to-finish solutions that
add value to your building by improving energy management, reducing environmental impact, resolving compliance
issues and creating a building lifecycle plan. Our solutions include mechanical and electrical retrofit and optimization,
building lifecycle planning, total cost of ownership reduction, addressing environmental and operating cost concerns

 T R A N E B U I LD IN G A D V A N TA GE ™
Because your building is at the heart of everything you do, it has the ability to impact outcomes in nearly every sector
of your business. Trane Building Advantage™ is a portfolio of energy services and solutions provided by Trane® to help
building owners impact their business in ways never before imagined; it is our commitment to achieving your goals.
From energy assessments to energy contracting and more, Trane Building Advantage™ can have a profound effect on
business-critical operations, increasing employee productivity, occupant comfort, safety levels, and much more

We create comprehensive solutions based
on a thorough understanding of your
business goals and your infrastructure
needs, and customize them to fit your
operational and performance needs. With
our full knowledge of the interrelated
workings of your facilities, we can
recommend adjustments in equipment and
services for maximum efficiency and cost-
savings
We will work with your team to reduce We use state-of-the-art design and analysis
operating costs and improve the efficiency tools besides our comprehensive
of your facility or application by managing equipment, controls and services portfolio.
energy consumption, controlling We call this corner-to-corner approach
maintenance expenses, improving indoor Turnkey Contracting Services. You’ll call it a
air quality, ensuring reliability, addressing smart business move!
health, safety and environmental issues,
providing meaningful information and
reducing risk, complexity and time spent

Trane has received numerous environmental awards, including the Sustainable Building Industry Council Best Practices
Award, the US EPA Climate Protection Award and the Federal Energy and Water Management Award. Trane is also a
certified Energy Service Company (ESCO), a tenured member of ASHRAE, ARI and USGBC, and boasts the largest
percentage of LEED-accredited professionals in the industry
In the UAE, Trane has been serving the market for over three decades, is an active member of the EGBC and is an
accredited ESCO by RSB Dubai

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 4 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
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S OLUTION TO E XISTING S ITE C ONDITION

P ROPOSED E QUIPMENT DETAILS.

Sr. No. Parameters Details QTY

1 Chiller Model No. RTAG 225 XE 7

2 Cooling Capacity @ 46DEGC Ambient 199 TR “
3 Max power Input 290.9 KW “
4 Primary Chilled water Pumps 22KW 8
5 Secondary Chilled Water Pumps 30KW 3
6 Chiller PLANT Manager TRANE 1LOT

Note:- Refer ‘Technical Data Sheet’ attached

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 5 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 6 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
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P ROPOSED S COPE OF W ORKS FOR E NERGY O PTIMIZATION
Sl. Total
Scope of Works for Energy Optimization & Control Unit Qty
No. Qty
Removal of Existing 30GTN226 Chillers – 7 Nos., Piping, 8# no CHWP Primary & 3#
CHWP Secondary Pumps , Cabling, Electrical and accessories etc.
1 Lot 1 1
Dismantling, Rigging and Shifting and Disposal (Please refer pricing page for Buy
back option)

Chiller:-
Supply, Installation, Testing & Commissioning of TRANE Air Cooled Chillers from
CHINA

▪ AHRI Certified
▪ With Copper-Aluminum Condenser Coil
▪ With 5 Years full warranty on Chiller Parts including compressor
Features:
▪ The helical-rotary compressor is semi-hermetic, twin screw, direct drive,
3000 rpm, differential refrigerant pressure oil circulation system without oil
pump, and with oil heater.
▪ All the starter elements are enclosed in an IP54 panel, with hinged door.
▪ 400 V-3ph-50Hz Star-Delta start compressor motor.
▪ The evaporator is a tube-in-shell heat exchanger design constructed from
carbon steel shells and tube sheets with internally and externally finned
seamless copper tubes mechanically expanded into the tube sheets.
▪ Evaporator is insulated with Armaflex II or equivalent of 19 mm thickness
2 and K factor of 0,26 W/m²°K. No 1 7
▪ Condenser shall be made of Cu/Al.
▪ Direct-drive vertical-discharge Aerofoil condenser fans are dynamically
balanced.
▪ Tracer UC800 “Adaptive ControlTM” microprocessor with Human interface
with Touchable Display Trane TD7.
▪ Under and over voltage protection.
▪ Neoprene isolators under the whole chiller
▪ Flow switch.
▪ Full operating charge of R-134a refrigerant and oil.
▪ Start up the chillers.
▪ Complete chiller shall be offered with a parts warranty of 60 months
from date of start-up or 66 months from date of shipment whichever
expires first.
▪ Compressors shall be offered with a parts warranty of 60 months from
date of start-up or 66 months from date of shipment whichever expires
first.
Exclusions:
▪ Spare parts
▪ Power factor capacitor banks
▪ Coil guards, valves, pumps, etc.
▪ Factory performance test / Field testing

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 7 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
Mechanical Works: -
Supply & Installation of:-
▪ MS SCH40 Chilled Water Piping connection From Chiller To the chilled
water piping header .
▪ Fiber Glass Insulation / Foster Cover to the modified pipes
▪ Cladding
▪ Valve Package for Chiller's including followings: -
3 Lot 1 7
- Isolation Valve x 1 Nos.
- Motorized valve with Actuator x 1 No.
- DRV x 1 No.
- Y-Strainer x 1 No.
- Flexible Connection x 2 Nos.
- P-Gauge x 2 Nos.
- T-Gauge x 2 Nos.

Electrical Works: - Chiller

Supply & installation of :-
4 ▪ ABB- New Isolator for Chiller (Close to Chiller) Lot 1 7
▪ Power Cabling from Isolator to Chillers
Note:- Any work upstream isolator is excluded
Primary Chilled Water Pumps

Supply and installation of Chilled water pumps is Compatible to the hydronic

5 requirement of the Existing chillers. Valve package and cable, New Isolator (Near Nos 1 8
Pumps) cabling from isolator to the PUMPS.

Secondary Chilled Water Pumps

Supply and installation of Chilled water pumps (With VFD-Optional) is Compatible

6 to the hydronic requirement of the Existing chillers. Valve package and cable, Nos 1 3
New Isolator (Near Pumps) cabling from isolator to the PUMPS.

Civil, Hoist Works: -

▪ Pedestal Foundation Modifications for Chiller Etc..
7 Nos. 1 1
▪ Crane Operation for Rigging while removal of old chillers and new Plant
Installations (RTA Approvals are costed & Included in our scope of Contract)
Chiller Plant Manager.

8 Supply and installation of CPM with Motorized actuators with valves for chillers Lot 1 1
and connected accessories.

Engineering and Miscellaneous Items:

▪ Project planning, Project management
9 ▪ Site insurance LS 1 1
▪ Training
▪ Testing and commissioning of the newly installed system
10 ▪ First Year (12 Months from Start-up Date) DLP LS 1 1

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 8 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
E XCLUSION /A SSUMPTIONS
General ▪ Works due to unknown or unidentified site situations or constraints
▪ Spare gaskets, Spare motor, Spare parts, Spare filters
▪ Maintenance or any other work beyond the specified defects liability period (unless
mentioned elsewhere)
▪ Airfreight or other mode of transportation not specifically agreed upon
▪ Passes, security check, approvals for material and labor to access the site
▪ Structural analysis, vibration analysis or similar studies
▪ Computational fluid analysis

Design ▪ Design verification and associated liability

▪ Appointing architects of record, local consultants, and submissions to local authorities

Civil ▪ Plant (PUMP) Room

▪ Structural work (fixed or floating foundation, steel frame, etc.)
▪ Incoming Electrical Cabling to the LV-MCC panel.
Electrical/Controls
▪ 3rd party software integration cabling to respective BMS outstation.
▪ Any other items not specifically mentioned are excluded
▪ Authority Approval for additional power, if required

Mechanical ▪ Seismic restraints for MEP services

▪ Any Pipeline Freezing

Tests Factory or site performance tests, assessments, studies, and reports by third parties

Facilities ▪ Site office with electricity, water and amenities

▪ Sufficient and protected store for MEP material at site
▪ Water, fuel and power for erection, testing and commissioning of MEP systems

Penalties Consequential damages, indirect damages, liquidated damages, delay penalties

Guarantees Tender bonds, performance bonds, warranty bonds

Fees VAT or charges to third parties or authorities (e.g. utilities, civil defense or municipality)

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 9 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
P RICE S UMMARY
Amount Amount

Sr. Item (AED) (AED)

Air Cooled Chiller – CRTAG225 XE X 7 NOS With Connected

Accossories.. .
1
Supply, Installation, testing & commissioning of Chillers , Pumps, 4,255,000/- 4,255,000/-
Connected acessories , Chiller Plant Manager & Associated works
(based on scope of work mentioned above from item 02 to 10)

Optional Price for Buy back

2 7 no old Chiller, 8# no CHWP Primary & 3# CHWP Secondary Pumps , -(146,000/-) -(146,000/-)
Cabling, Electrical and accessories etc (based on scope of work
mentioned above from item 01 )

Net Contract Value after the buy-back shall be of 4,109,000/- 4,109,000/-

Note: -
• Above prices are excluding 5% VAT

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 10 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394
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TECHNO-COMMERCIAL PROPOSAL
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C OMMERCIAL C ONDITIONS
Inco Terms Prices are quoted Delivered to and installed on project site with import custom Duty Paid (DDP)

Timeline Preliminary high-level timeline starting from date of order acknowledgment and advance payment
Activity Description Weeks
Processing Procurement and resources 2
Delivery Delivery to site 15-17
Execution Substantial completion 3-4
Commissioning Startup, snags and handing over 1-2
Total Full Project Timeline 21-25
Site Readiness: timeline is based on project site being ready for mobilization and implementation
Program of Works: timeline is subject to other parties’ program. Upon order confirmation, Trane shall
issue a detailed MS Projects program covering the major activities using the Critical Path Method

Defects Unless otherwise specified herein, the project’s Defects Liability Period shall be:
Liability
▪ Twelve (12) months from date of commissioning of the works executed
Period
▪ As per Trane’s general conditions

Payment Mode: Irrevocable and confirmed Letter of Credit (LC)/Bank Transfer/DD/CHQ - Negotiable
Milestones: Payments shall be processed against the following milestones and activities
▪ 40% Advance
▪ 30% Upon Delivery
▪ 25% against installation
▪ 5% against handing over

Validity This proposal is valid for up to 30 days from date of its issue, subject to the below constraints:
Basis of Design: the stipulated technical scope of work, manufacturers and vendors list, material
specifications and datasheets, all form the basis of design and commercial offer
Current Statuses: validity is based on prevailing conditions at time of proposal of:
▪ Regulations – applicable regulations, duties and taxes of local authorities
Timeline: the prices are based on the aforementioned estimated timeline
Any deviation from the said technical limitations or commercial terms and conditions may invalidate
this proposal or call for technical and/or commercial reconsiderations

TRANE BVBA Dubai Branch

PO Box 31000 Dubai, United Arab Emirates Page 11 of 13
Phone +971 4 428 5200 | Fax +971 4 428 5394

TECHNO-COMMERCIAL PROPOSAL
C LARIFICATIONS
SUBSTANTIAL COMPLETION – shall mean that ‘the installation is
substantially completed and the system is ready for the start-up
and beneficial use by the client’. Attending to the snags and final
completion of the project shall then follow in due course
COMMISSIONING – shall be considered completed when Trane
will fulfill the following:
▪ Demonstrate operation of equipment and their operating
parameters; the scope of operating parameters shall be as in
Trane’s standard commissioning report
▪ Submit commissioning report
▪ Submit operation and maintenance manuals
RESPONSIBILITIES AND LIABILITIES
▪ It is the full responsibility of the client to:
- Provide required permissions from local authorities
- Arrange necessary permissions for Trane and associated
subcontractors
▪ BOQ and equipment design are based on the information
provided by the client
▪ All structural calculations and validation, if required, will be
done by the customer
DELAYS – If the project would delay or be cancelled due to reasons
not attributable to Trane, customer shall pay Trane to an extent
Trane has completed the work and shall pay for the re-stocking of
the material. Besides, if Trane cannot commission the system
within one month of completion of installation for reasons not
attributable to Trane, the customer shall then pay Trane the
amount covering the entire contract value within 45 days of the
completion of installation
FORCE MAJEURE – A party will not be in breach of this contract or
be liable to the other party if it fails to perform or delays the
performance of an obligation as a result of an event beyond its
reasonable control, including, but not limited to, strikes, industrial
disputes, fire, flood, act of God, war, insurrection, vandalism,
sabotage, invasion, riot, national emergency, piracy, hijack, acts of
terrorism, embargoes or restraints, extreme weather or traffic
conditions, temporary closure of roads, legislation, regulation,
order or other act of any government or governmental agency
PERFORMANCE – Trane’s responsibility regarding the
performance of the system shall be interpreted strictly within the
Scope of Works described in this proposal. If the related system(s)
does (do) not deliver the desired performance for reasons outside
of Trane’s Scope of Work, Trane can help make such system work
at an extra cost
WARRANTY – Our warranty covers the equipment and
workmanship and is subject to the following
▪ All equipment and systems supplied and installed by Trane
shall be covered under warranty (parts and labor) for a period
of 12 months from date of start, or 18 months from date of
shipment, whichever occurs first, unless otherwise specified in
the proposal
▪ If defects in the supplied equipment or installation works are
discovered during the warranty period, Trane will correct the
defect or furnish replacement equipment (or, at its option,
parts thereof). Refrigerant is excluded from the warranty
▪ The above warranties exclude any remedy for damage or
defect caused by corrosion, erosion, deterioration, abuse,
modifications or repairs not performed by Trane, improper
operation, or normal wear and tear under normal usage
TRANE BVBA Dubai Branch
PO Box 31000 Dubai, United Arab Emirates
Phone +971 4 428 5200 | Fax +971 4 428 5394
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Energy Optimization Solutions
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
▪ No liability whatever shall attach to Trane until the said
equipment and the installation have been paid for in full as per
agreed payment terms
SITE PROJECT MANAGER – upon receipt of order, and for the
duration of execution of the contract, Trane will appoint a Project
Manager to deal with your project. The availability of Trane Project
Manager at site will be on ‘as required’ basis
SUB-CONTRACTING – Trane reserves the right to subcontract the
whole or part of the work to Third party at its choice whenever
required, to comply with the project requirements. Trane is willing
to consider any subcontractor the customer may propose, yet we
reserve the right to accept or reject any of the names in
accordance with our company’s policies
VENDORS – the same the above “sub-contracting” statement
applies as well for the selection of vendors and suppliers
INCLUSIONS – Unless otherwise mentioned in our proposal, the
below are considered to be included in our scope of works
▪ Works detailed in the Scope of Works and Bill of Quantities
▪ Import customs duties, port clearance and local
transportation for imported equipment
▪ Transit and site insurances
EXCLUSIONS – Unless otherwise mentioned in our proposal, the
below are considered to be excluded from our scope of works
▪ Any work not expressly mentioned in the proposal
▪ Co-ordination with any consultants appointed by client
▪ Field calibration of devices other than those provided
▪ Changes in government levies, e.g. Custom Duty
▪ Additional insulation, cladding or painting
▪ On-site performance tests
▪ Civil works other than those explicitly proposed, if any
▪ Water and electricity for execution of contract work
▪ Electrical cabling other than what is stated in the scope of
works
▪ Disposal of existing equipment or items
▪ Third party inspections, testing or commissioning
▪ Value Added Tax
▪ Provision for any retention money
▪ Provision for any liability not explicitly mentioned in our
proposal
Trane will not be liable for any expenses incurred if the above
clauses are not met and for any changes sought later. All expenses
incurred for inclusion of the above will be borne by the customer
GOVERNANCE – This proposal is subject to the application of
Trane’s Terms and Conditions of Sale, attached hereafter, and our
standard Turnkey agreement. Any order or agreement, based on
or resulting from this proposal, or subsequent versions of this
proposal, will be governed by these Trane Terms and Conditions
of Sale to the exclusion of any other terms and conditions, in
particular the customer’s. No changes or amendments to these
Trane Terms and Conditions of Sale shall be valid unless explicitly
agreed to in writing by Trane
OTHER
▪ This is a lump sum contract. Price variations due to change in
scope shall be mutually agreed
▪ In case of conflict between Trane’s proposal and Trane’s
Standard Terms and Conditions of Sale, the former shall take
precedence
Page 12 of 13

TECHNO-COMMERCIAL PROPOSAL
T ERMS
1 APPLICABILITY AND VARIATION
1.1 These Trane general terms and conditions (the ‘Terms’)
apply to all proposals, quotations, contracts or agreements issued
or entered into by Trane.
1.2 No variation to these Terms shall be applicable unless
explicitly agreed in writing by an authorized Trane representative.
1.3 These Terms shall take precedence over any other terms
and conditions, in particular those which are referred to in any of
the customer’s documents.
2 FORMATION OF CONTRACT
2.1 Unless explicitly stated otherwise, any proposal submitted
by Trane is valid for a period of 30 days from its date.
2.2 The contract will be formed only upon issuance of a written
order acknowledgement by Trane, or, if sooner, upon the
execution of the order.
3 PRICING
3.1 Unless agreed otherwise, prices are quoted EXW (Incoterms
2000), inclusive of standard domestic packaging for truck transport
and shall be exclusive of VAT or any other applicable tax or duty
which the customer will pay in addition to the prices.
3.2 Prices are valid for shipment of products or performance of
services during the on-going calendar year. Trane may apply a
price indexation mechanism for shipment or performance in
subsequent years.
4 DELIVERY
4.1 Unless agreed otherwise, products are delivered EXW
(Incoterms 2000) with standard domestic packaging for truck
transport.
4.2 Delivery dates are estimates only and Trane shall not be
liable for any damages attributable to any delay or failure to deliver.
In the event delivery is delayed beyond the acknowledged delivery
date for any reason and at any time, Trane shall advise the
customer thereof as soon as practicable and provide a new
estimated delivery date. The customer will have to notify the carrier
and Trane immediately of any damage detected or detectable
upon delivery.
4.3 The customer must inform Trane of any issues that might
prevent the scheduled on-site delivery. If Trane is unable to deliver
the products to the customer for any reason attributable to the
customer, the products will be deemed to have been delivered and
Trane may invoice and store the products until actual delivery and
the customer will be liable for all related costs and expenses.
5 ACCESS TO SITE AND ACCEPTANCE OF PRODUCTS
AND SERVICES
5.1 Trane and its subcontractors will be given free, safe and
continuous access to the site and use of services on site as
reasonably required by Trane to perform the services or deliver or
commission the products, failing which customer will pay all of
Trane's costs arising of or resulting from such customer’s refusal.
5.2 The customer is deemed to have accepted the products or
services or any part thereof, unless Trane is notified in writing to
the contrary within 7 calendar days of Trane’s provision of the
products or services.
6 PAYMENT
6.1 Unless agreed otherwise, the price shall be paid in EUR and
is due within 30 days from the date of Trane’s invoice as follows:
30% of the price on acceptance of the customer’s order and 70%
of the price on shipment of products or performance of services.
Trane reserves the right to require the provision of bank guarantee
or letter of credit as Trane may deem necessary.
6.2 No payment shall be deemed to have been received until
Trane has received cleared funds.
6.3 The customer shall make all payments due without any
deduction whether by way of set-off, counterclaim, discount,
abatement or otherwise.
6.4 Trane reserves the right to suspend warranty or further
deliveries of products or performance of services under any
contract with the customer in the event of late or non-payment.
6.5 Where amounts are not duly paid and without prejudice to
any other right or remedy, Trane will automatically and without any
formal notification be entitled to levy interest at a rate of 1 % per
month. When the customer after a formal notification fails to settle
the outstanding amount, Trane will automatically be entitled, to a
fixed indemnity of 10% of the price in addition to the principal
amount and interests thereon.
7 DEFERRAL AND CANCELLATION
7.1 Except with Trane’s prior written agreement, the customer
may not defer delivery or cancel, in whole or part, any contract.
TRANE BVBA Dubai Branch
PO Box 31000 Dubai, United Arab Emirates
Phone +971 4 428 5200 | Fax +971 4 428 5394
TBA-DXB-05-Residence INN -JIM | Rev 00| 23/05/2022
AND C ONDITI ONS OF S ALE
Such agreement shall be subject to the customer indemnifying
Trane in full against any loss (including loss of profit), costs,
charges and other expenses incurred as a result of the deferral or
cancellation.
7.2 Trane reserves the right to cancel the contract in the event
of non- or late payment.
7.3 Return of new and unused spare parts is only possible within
one month after delivery, subject to Trane’s prior written approval.
When approved, credit notes will be issued at no more than 50%
of the value of the so returned spare part compensating for Trane’s
re-stocking charges.
8 TRANSFER OF TITLE AND RISK
8.1 Risk in the products and all liability to third parties in respect
thereof shall pass to the customer upon delivery in accordance
with Article 4.1 or storage in accordance with Article 4.3 (if earlier).
8.2 To the extent allowed under applicable law, ownership of the
products shall not pass to the customer until Trane has received in
full all sums due to it in respect of the products.
8.3 While the ownership of the products remains with Trane, it
may, subject to the customer not having fulfilled its payment
obligations, take repossession of the products.
8.4 Until ownership has passed pursuant to Article 8.2, the
customer shall not, unless otherwise agreed in writing, transfer
ownership to a third party nor charge or encumber the products in
any way and maintain the products in satisfactory condition insured
on Trane's behalf for their full price.
9 WARRANTY
9.1 Subject to the conditions set forth herein, Trane warrants
that its products are free from defects of material and workmanship
and have the capacities and ratings set forth in Trane catalogues,
subject to normal laboratory test tolerances.
9.2 The following warranty periods apply:
a) Products: subject to mandatory provisions of applicable law,
12 (twelve) months from the date of first commissioning (‘start-up’)
with a maximum of 18 (eighteen) months from the date of
shipment;
b) Repaired or replacement products (or parts): the remainder
of the warranty period pursuant to Article 9.2(a).
9.3 The warranty will not apply to:
a) Consumable parts including, without limitation, filters, oil and
v-belts.
b) Normal wear and tear, corrosion, erosion or loss of
refrigerant;
c) Products which are not installed, stored or used correctly in
accordance with Trane’s instructions or which are damaged by a
third party during the installation or commissioning;
d) Products which are not subject of a Trane maintenance
agreement or not maintained by qualified engineers in accordance
with Trane's instructions;
e) In the event of improper water treatment; or
f) Products which are modified without Trane’s written
approval or damaged by any act beyond Trane's control.
9.4 If a product does not conform to this warranty, Trane shall at
its sole option repair or replace such product (or the defective part
thereof), or if the products (or defective part thereof) cannot be
repaired or replaced for any reason, refund the Price of such
products, provided that, if Trane so requests, the customer returns
the product to Trane. Any product returned to Trane which cannot
be repaired will belong to Trane. Replacement products (or parts)
will be delivered EXW (Incoterms 2000). Freight and return costs
of defective, repaired or replacement products (or parts) will be
borne by customer. When products (or parts) are repaired on site,
labor costs, as well as travel and residence expenses incurred by
Trane are borne by the customer as per Trane’s then applicable
labor rates.
9. 5 In relation to services, Trane warrants that the services will
be provided using reasonable skill and care for a period of 90 days
from completion of such services and Trane’s obligation under this
warranty is limited to correcting any improperly performed
services.
9.6 Trane Parts shall be warranted for 12 months from the date
of shipment to be free from defects of material and workmanship
and Trane shall, at its discretion replace or repair Parts shown to
be defective provided the Parts were installed, operated and
maintained in accordance with Trane recommendations.
9.7 The customer will inform Trane in writing of any defect or
deficiency in the products or services within 2 weeks of the time
such defect or deficiency becomes apparent, in absence of which
the customer forfeits its rights under the warranty.
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Residence INN By Marriot
Residence INN By Marriot
Energy Optimization Solutions
9.8 In the event of a warranty claim, Trane has the right to
inspect the products or services.
9.9 Beyond its own product portfolio Trane provides no
additional warranty and accepts no liability for third party products
selected by the customer, in particular but not limited to controls,
and which are required by the customer to be integrated in Trane
products.
9.10 Once complied with this Article, Trane shall have no further
liability for a breach of warranty in respect of such products or
services.
10 FORCE MAJEURE
10.1 Trane reserves the right to defer the delivery date or to
cancel the contract in whole or in part, if it is prevented from or
delayed in the carrying on of its business due to circumstances
beyond its reasonable control, including (without limitation) acts of
God, accidents, compliance with any law, regulation or other
government order (whether or not valid), war or national
emergency, riots, fire, industrial action, shortages of labor,
restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials. If the force
majeure event continues for a continuous period in excess of 6
months, either party shall be entitled to terminate the contract.
11 LIMITATION OF LIABILITY
11.1 Unless otherwise provided for by mandatory provision of
applicable law, Trane’s total liability for direct damages, if and
when established, shall be limited to the price of such products
and/or services. Trane shall be under no liability to the customer
for any consequential damage or indirect damage, including but
not limited to loss of profit, costs of unloading, crane and personnel
availability, loss of refrigeration.
11.2 Catalogs, price lists and any other sales literature are issued
by Trane for information purposes only and can be updated or
amended from time to time. Any typographical, clerical or other
error, mistake or omission in these documents or in offers, order
acknowledgements, drawings, specifications, invoices or other
documents shall be subject to correction without any liability on the
part of Trane.
11.3 Trane shall not be responsible for any consequence arising
of or resulting from the use of incomplete or incorrect information
communicated by the customer to Trane.
11.4 The customer retains responsibility for the HVAC system
design, its drawings and in particular the verification of the
accuracy and suitability of the products and services within
customer’s system.
12 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1 The customer acknowledges that it will acquire no
intellectual or industrial property rights in any patent, trademark,
trade name, drawings or any other related right owned, used or
developed by Trane prior to or during the execution of the contract.
12.2 The customer agrees not to do or permit to be done anything
which might in any way adversely affect the validity or value of
Trane’s intellectual or industrial property rights or the goodwill
therein.
12.3 Notwithstanding the foregoing, when Trane develops
specific software or source code for a customer, this customer is,
subject to payment of the agreed royalties, granted a non-
transferable, non-exclusive right of usage for the lifetime of the
concerned HVAC system on the agreed project site.
13 ASSIGNMENT
13.1 The customer shall not be entitled to assign the contract or
any part of it without the prior written consent of Trane.
13.2 Trane may assign the contract or any part of it to any person,
firm or company.
14 LAW AND JURISDICTION
14.1 All Contracts are governed by the Belgian law. The United
Nations Convention on Contracts for the International Sale of
Goods (CISG) does not apply.
14.2 Parties will refer any dispute to the exclusive jurisdiction of
the Courts of Brussels.
15 GENERAL
15.1 If any provision of the Terms is found by any court to be
wholly or partly illegal, invalid or unenforceable it shall to the extent
of such illegality, invalidity or unenforceability be deemed
severable and the remaining provisions of the Terms shall continue
in full force and effect.
15.2 Failure or delay by Trane in enforcing or partially enforcing
any provision of the Terms will not be construed as a waiver of any
of its rights under the Terms.