Call for tenders' details
Annex VII - Draft contract
Article II 6.3 states that the contractor is liable for all loss or damage suffered by the contracting authority as a consequence of implementation of the FWC. The contractor agrees with the fact that the contractor is obliged to compensate damage in certain cases. However, in that case the contractor wishes to comply with the legal provisions regarding liability. Can you confirm this?
Please note that the exact reading of this article is the following: The contractor is liable for any loss or damage caused to the contracting authority during or as a consequence of implementation of the FWC, including in the event of subcontracting, but only up to an amount not exceeding three times the total amount of the relevant specific contract. However, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel or subcontractors, as well as in the case of an action brought against the contracting authority by a third party for breach of its intellectual property rights, the contractor is liable for the whole amount of the damage or loss. Please note the draft framework contract is governed by (Union law, complemented by) Dutch law, including Dutch contractual law, which shall be taken into consideration while interpreting the contract and its liability clauses.