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MEDIUM VOLTAGE PRODUCTS

ABB Commercial Offer for MV

Switchgear
UniGear ZS1

Project: PCH Julio Bravo propiedad de CEDENAR S.A

ABB Offer No.: OPP-20-4250008 Rev. 0
Quotation Date: 9/25/2020
Revision Date: 9/25/2020
Bidder: ABB LTDA Calle 64N No. 5B-146 Oficina 410 G, Cali Colombia

Dear Sirs,

Thank you very much for your interest in our products.

This ABB budgetary offer is preliminary and not final and as such non-binding. It is tendered for dicsussion
only, does not constitute a term to contract and ABB can, without notice, make any change in ABB’s own
discretion.

Yours faithfully,

Ronald Valenzuela Motta ___________________________

Sales specialist Area Sales Manager

www.abb.com www.abb.com
Content
1. Scope of Supply 4
2. Supply conditions 6
PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

1. Scope of Supply
1.1. Switchgear 1; 6.6 kV; 1250 A; 25 kA; 5 panels
Medium Voltage Metal-enclosed switchgear UniGear ZS1, equipped with VD4 – vacuum spring-operated
circuit breaker, and with further technical particulars as per referenced Technical specification:
Feeder Current Unit price Total price
Qty Feeder name
designation (A) (USD) (USD)
1 IF Incoming CB A01 1250 21,125 21,125
A02, A03, A04, 28,320 113,280
4 IF Outgoing CB 1250
A05
- Switchboard accessories - - - 3,300

1 Gasduct extension-left
1 Gasduct extension-right

2 Unigear Single End Cover

1 Lift truck
1 Special Tools for maintenance
1 Others (Including 2 sets of:Hand crank for drawout unit ,Charging handle for VCB )
1 Closing coil
1 Opening coil
3 HV fuses for PT (1 pcs)
Total number of feeders: 5
Net total price: 137,705

Remarks:

1. Quotation validity: 90 days

2. The price hereinabove is based on the condition of complete scope of work, any changes or
reduction on the scope of work will be subject to pricing change.

3. The quotation in USD was based on the exchange rate of: USD and CNY equal to 1 USD = 6.8000
CNY. If the actual rate during contract signing differs from the above and such fluctuation exceeds
3%, the price in USD will be adjusted accordingly.

4. Site services, installation and commissioning are excluded. Local training fees, traveling and
accommodating fees for Factory Acceptance Test are excluded.

5. All third party fees such as commission, representative fees etc. are excluded.

ABB Commercial offer Page 4 of 9

PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

6. In case of non-conformance due to defects/errors, ABB CNDMX will be responsible for warranty
replacement parts. Site work for trouble shooting and other costs incurred for replacements and
retesting such as duties, labors etc. are excluded.

ABB Commercial offer Page 5 of 9

PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

2. Supply conditions
2.1. General Conditions of Supply
ABB thanks you for your enquiry and quotes in accordance with the GENERAL CONDITIONS for the
SUPPLY OF MECHANICAL, ELECTRICAL AND ELECTRONIC PRODUCTS. (Orgalime S 2000) In case
computer software is included in the equipment the “GENERAL CONDTIONS FOR COMPUTER
SOFTWARE” (SW 01) are applicable in addition..

2.2. Delivery Time

Ex-works 150 days, after the contract is signed and technical specification is clarified, the delivery
time will be confirmed by both parties. In the event, the clarification is delayed or the down payment is
not effected due to Buyer's reason, the delivery lead time will be extended accordingly. Subject to
further negotiation.

2.3. Pricing Term

Our price is net in USD for delivery EX-work including suitable packing for container owned by the
shipping company according to INCOTERMS 2010, excluding insurance charges and any customs
duties, import taxes or other duties related to the import of the material to final destination.
Equipment unloading at place of destination is not included in our prices.

If other delivery term required, please contact.

Packing method and details, please refer to technical specification or contact ABB CNDMX.

2.4. Payment term

30% advance payment together with order placement, 70% payment before delivery. The irrevocable
L/C at sight can be adopted.
For the purpose of this tender document below banks are considered acceptable first class global banks:

• Bank of China
• BNP Paribas
• Citibank Group
• Deutsche Bank Ltd.
• HSBC Group
• ICBC Industrial and Commercial Bank of China
• ING Group
• J.P. Morgan Chase
• Bank of America Merrill Lynch
• RBS/ABN Amro
• SEB Skandinaviska Enskilda Banken
• Standard Chartered Bank

2.5.Liquidated Damages
In the event of late delivery for which supplier is responsible, supplier accepts liquidated damages of
0.5% per week on the delayed part of supply up to a maximum of 5% of the delayed portion/total
contract value.

The liquidated damages shall be in full satisfaction of supplier’s liability for delay. Any further claims or
rights because of delay are excluded irrespective of their legal grounds.

ABB Commercial offer Page 6 of 9

PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

2.6.Warranty
Supplier’s warranty obligations are specified in the clause "Liability for Defects" items 22 to 37 of the
"GENERAL CONDITIONS for the SUPPLY OF MECHANICAL, ELECTRICAL AND ASSOCIATED ELECTRONIC
PRODUCTS".

Save as in this clause expressed, supplier shall be under no liability in respect of any defects or
deficiencies or any damage in connection therewith, irrespective of the legal grounds. In any case,
claims for indirect or consequential damages are excluded
Warranty period

The warranty period is twelve (12) months from the date of Acceptance or eighteen (18) months after the
last shipment date, whichever comes earlier

2.7. Liability
Notwithstanding anything contained in this contract to the contrary, the supplier and the persons
that he employs to perform his obligations and its vicarious agents shall be liable as follows,
irrespective of the legal grounds (e.g. infringement of duties, for defects, delay, tort, claim for
indemnification, infringement of intellectual property rights):

The total liability of the supplier resulting from and/or in connection with this contract and/or its
performance or non-performance shall in no event exceed the 100% of the contract value.

The supplier shall in any case not be liable for loss of profit, loss of use, loss of production, costs of
replacement of power, costs of capital or costs connected with interruption of operation or for any
indirect or consequential damages or losses of any nature whatsoever. However, the liability for delay in
accordance with this document shall remain unaffected thereof.

2.8.Intellectual Property Rights

All intellectual property rights (including, but not limited to, patent, patent application, know-how,
business secret, confidential information, design right, copy right, whether registered or not) of the
Seller, the Seller’s suppliers, or the Buyer existing before the signing of this Contract shall remain with
the original owner. The Seller shall have the ownership to any intellectual property rights arising from
the Seller’s design during the fulfillment of this Contract. There is no license, express or implied, and
no transfer of intellectual property right, by virtue of this Contract.

2.9.Export Control
The customer acknowledges that the supplies may be subject to China and/or foreign statutory
provisions and regulations regarding export control and, without export or re-export authorization
from the competent authorities, may not be sold, leased or otherwise transferred or used for a
purpose other than that agreed upon. The customer agrees to comply with such provisions and
regulations. The customer acknowledges that such provisions and regulations may change and are
applicable to the contract according to the wording valid at the time. The contract or parts of the
contract respectively is/are only valid in The contract or parts of the contract respectively is/are only
valid in so far as the necessary export/re-export licenses including those for foreign supplies will be
obtained in time and in sufficient extent and are not revoked. Supplier will not be held liable in this
respect.

ABB Commercial offer Page 7 of 9

PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

The supplies may neither directly nor indirectly be used in any way in connection with the design,
production, use or storage of chemical, biological or nuclear weapons or carrier systems. The supplies
may not be used for military or nuclear applications without ABB's prior written consent.

2.10. Arbitration
Any dispute, controversy or claim arising out of or relating to this contract, including the existence,
validity, interpretation, performance, breach or termination thereof or any dispute regarding non-
contractual obligations arising out of or relating to it shall be referred to and finally resolved by
arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong
International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is
submitted. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be three. The
arbitration proceedings shall be conducted in English.

2.11. Applicable Law

An awarded contract shall be governed by Chinese Law / Hong Kong Law / Singapore Law/Swiss Law
with the exception of the rules of the UN Convention for the International Sale of Goods.

2.12. Code of Conduct

The ABB general principles responsibility, respect and determination describe the behavior ABB
expects of its employees and stakeholders.

Integrity, protection of the environment and social responsibility further describe ABB’s policy. These
highest standards of business ethics direct ABB’s corporate actions.
ABB’s CODE OF CONDUCT is available in internet under the following link:

http://www.abb.com/cawp/abbzh259/b4af6750e953d8cbc1256f9c005097d4.aspx

2.13. Confidentiality
Either Party shall keep confidential and shall not, without the prior written consent of the other Party
hereto, disclose to any third party any Confidential Information provided directly or indirectly by the other
Party hereto in connection with the Contract, whether such Confidential Information has been provided
prior to, during or following completion or termination of the Contract. The Buyer shall not use the
Confidential Information received from the Seller for any purposes unrelated to the Contract. Similarly,
the Seller shall not use the Confidential Information received from the Buyer for any purpose other than
the performance of the Contract."

2.14. Force Majeure

Either party shall be entitled to suspend performance of its obligations under the contract to the extent
that such performance is impeded or made unreasonably onerous by any of the following circumstances:
industrial disputes and any other circumstances beyond the control of the parties such as fire, war,
extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power
and defects or delays in deliveries by sub-contractors caused by any such circumstance referred to in this
Clause.

A circumstance referred to in this clause, whether occurring prior to or after the formation of the contract,
shall give a right to suspension only if its effect on the performance of the contract could not be foreseen
at the time of the formation of the contract.

The party claiming to be affected by Force Majeure shall notify the other party in writing without delay on
the intervention and on the cessation of such circumstance.

ABB Commercial offer Page 8 of 9

PCH Julio Bravo propiedad de CEDENAR S.A ABB Offer No.: OPP-20-4250008 Rev.0
PRELIMINARY DRAFT – FOR DISCUSSION ONLY - CONFIDENTIAL Revision Date: 9/25/2020

If Force Majeure prevents the purchaser from fulfilling his obligations, he shall compensate the supplier for
expenses incurred in securing and protecting the product.

Regardless, of what might otherwise follow from these General Conditions; either party shall be entitled to
terminate the contract by notice in writing to the other party if performance of the contract is suspended
under clause 39 of Orgalime for more than six months.

Unforeseeable acts of Government authorities with regard to export-/re-export licenses, in particular

revocation of licenses, are to be treated as Force Majeure. The equipment/systems as delivered by the
supplier can be subject to China or other foreign export control regulations. The purchaser is requested to
take this into consideration. The supplier will not be held liable in this respect.

2.15. Enclosure
For all terms not mentioned in this offer, the following conditions are valid in the mentioned order of
precedence. These conditions are valid in their latest edition and available in the internet under the
following link or can be submitted against request.
http://abblibrary.abb.com/global/scot/scot296.nsf/veritydisplay/087d45aaf6dddd5dc12575200047e515/
$file/7ABA101031_C_en_GDLC_20A01_Orgalime_S2000_English.pdf

http://abblibrary.abb.com/global/scot/scot296.nsf/veritydisplay/13f3f5e267595866c12575200047f087/$
file/7ABA101032_C_en_GDLC_20A02_Orgalime_SE01_English.pdf

http://abblibrary.abb.com/global/scot/scot296.nsf/veritydisplay/beb46fc85a8c9812c12571ca0073a5d2/$
file/7ABA101033_B_en_GDLC_20A03_Orgalime_SW01_English.pdf

General Conditions for the Supply of Mechanical, Electrical and associated Electronic products (Orgalime S
2000) and General Conditions for Computer Software (SW 01)
(delivery scope including software)

General Conditions for the Supply and erection of Mechanical, Electrical and associated Electronic products
(Orgalime S 2000) and our General Conditions for Erection Work Abroad(SE01)

2.16. Taxes
The payment of all taxes, duties, levies and other charges of any kind or description, for which the Buyer is
liable, whether arising in the country(ies) where the Contract is performed or elsewhere, now or hereafter
levied or imposed by any appropriate and competent government authority, shall be borne by the Buyer.
The payment of all taxes, duties, levies and other charges of any kind or description, for which the Seller is
liable, whether arising in the country(ies) where the Contract is performed or elsewhere, now or hereafter
levied or imposed by any appropriate and competent government authority, shall be borne by the Seller.

2.17. Settlement of Disputes

All disputes in connection with an order shall be finally settled under the rules of China International
Economic and Trade Arbitration Commission in Beijing by one or more arbitrators appointed in
accordance with the said rules.

ABB Commercial offer Page 9 of 9