Contractual Agreement OMT1317 - NOU-V1

BASED ON THE TENDER REPORT .
_____________________,
WAS CONCLUDED :
CONTRACTUAL AGREEMENT
AGREEMENT No.
Name of the agreement
Agreement financed on the Financing Agreement no.
Art. 1 PARTIES
The hereby Agreement is concluded between:
The National Railway Company CFR S.A., headquartered in Bucharest, Dinicu Golescu Av.,
no. 38, District 1, postal code 010873, Romania, phone +40213192400, fax +40213123059, e-mail:
[email protected], registered at the Trade Register Office by the Law Court of Bucharest,
J40/9774/1998, single registration number RO 11054529, IBAN code no. .., opened at the
Public Treasury and Accountancy Activity of Bucharest, represented Mr. - General Director, in
his capacity of Contracting Authority/ BENEFICIARY (hereinafter referred to as Beneficiary) on
one side and
.. headquartered in.., phone/fax , e-mail:.., single register number, account

opened at.., IBAN code. Represented by - .., acting in his/hers capacity of
ENTREPRENEUR ( Hereinafter referred to as Entrepreneur) on the other side.
Considering that the Beneficiary agreed that the hereby Agreement is to be performed by the
Entrepreneur and accepting the Entrepreneurs offer for the performance and completion of the
hereby agreement and fixing of the related faults.
The parties agree to:
Art. 2 OBJECT OF THE AGREEMENT

The Entrepreneur will perform the name of the agreement.
Art. 3 TERM OF THE AGREEMENT
The performing term is . And includes The performing Time as well as the Time for
Notification of Faults as it was defined in Appendix 1 of the Offer and according to the Offer
made by the Entrepreneur.
The parties can agree upon the extension of the Performing Time/ Time for Notification of
Faults by concluding an additional act to the contract.
Art. 4 VALUE OF THE AGREEMENT

The Beneficiary agrees to pay the Entrepreneur according to the Object and Term od the
Agreement for the performance of the agreement the following amount:
- Accepted Agreement Value (without VAT) : __LEI, in letters: _______LEI;
To which VAT is added according to the regulations in force,
1
or other amounts that could become payable according to the Agreement at the date and
according to the methods stipulated in the Agreement.
Total value of the advance payment, number and date of the installments (if there is more than
one), currency and their proportions defined in the Appendix attached to the offer.
The Amount/Percentage of the advance guarantee instrument is defined in the Appendix
attached to the offer.
The adjustment of the agreement value that is accepted by the conclusion of an additional act to
the agreement
The additional acts, and protocols have the order of precedence of the document that is
modified.
All the adjustments and completions done to the tender documentation until the moment of
submission of the tenders as well as the clarifications from the evaluation period are being part
of the hereby agreement (according to their dimension/volume will archived on electronic
format).
Art. 5 PARTIES OBLIGATIONS

The Entrepreneur agrees with the Beneficiary to perform and complete the Agreement name
and to fix all eventual faults in the Period of Fault Notification, according to the Agreement
cluases.
The Beneficiary will pay the price of the works according to the Additional Special Conditions
and to the Special Conditions of the agreement.
All other obligations come from the Additional Special Conditions, Special Conditions
(provided in APPENDIX no. 1b, at OMT no. 1.317 from 11.09.2014 for the approval of the
agreements special conditions concerning the agreements for the equipment and constructions,
including designing, and those concerning the agreements for building construction and
engineering works designed by the beneficiary of the International Federation of Consultant
Engineers in the Field of Construction ( FIDIC) for investment objectives in the field of railway
transport infrastructure, financed from public funds), and General Conditions ( provided in
APPENDIX no. 2 to HG no. 1405/28.12.2010 concerning the approval for the use of some
agreement conditions of the International Federation of Consultant Engineers in the Field of
Construction ( FIDIC) for investment objectives in the field of transport infrastructure of
national interest, financed from public funds) of Agreement.
Art. 6 OTHER CLAUSES
The terms and expressions will have the same meaning as in the general agreement conditions
settled above in the hereby Contractual Agreement.
The precedence order of the documents is settled according to the Agreement Special
Conditions provisions
The guarantees will become part of the Agreement when it will be presented/constituted by the
Entrepreneur.
For documents with a large content/volume ( Technical project, sheets, technical specifications,
technical documents, quantities lists etc. ) the parts will agree upon their attachment to the
Agreement.
2
The hereby Contractual Agreement was signed in the presence of the signing parties. This
Contractual Agreement produces its effects starting from the date of signing by the last party,
namely the Beneficiary.
For the beneficiary - CFR SA Entrepreneur
Name: Name:
Title: Title:
Signed and stamped: Signed and stamped:
Date: Date:

Contractual Agreement OMT1317 - NOU-V1

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BASED ON THE TENDER REPORT .

Agreement financed on the Financing Agreement no.

.. headquartered in.., phone/fax , e-mail:.., single register number, account

The parties agree to:

Art. 2 OBJECT OF THE AGREEMENT

Art. 4 VALUE OF THE AGREEMENT

Art. 5 PARTIES OBLIGATIONS

Signed and stamped: Signed and stamped:

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