Proposed contractual text that is free to use for the top industrial efficiency option (TIE option). – (curtesy of ABB)

With the selection of this option the Supplier, in addition to its other commitments under the Contract, guarantees to supply the most efficient product/system that the supplier currently can offer without affecting the reliability or increase the complexity of the product/system.

Upon the Purchaser’s written request, the Supplier must be able to reasonably substantiate that the design, material selection and manufacturing comply with the above guarantee. The Purchaser, or a third party appointed by the Purchaser, may, at its cost, review such substantiation. Should the Supplier fail to substantiate compliance with the TIE Option, the corresponding energy and CO2 costs for the Customer during the first 100 000 hours of operation will be paid back to the Purchaser, however in no case exceeding the additional price paid by the Purchaser for the TIE Option. The compensation set out in this section is the Purchaser’s sole and exclusive remedy available for the TIE Option.

By using the TIE Option, the Parties agree to submit and share data regarding the estimated CO2 savings achieved to www.topindustrialefficiency.eu

Vocabulary:

Supplier – the entity quoting the Top industrial efficiency option

Purchaser – the company buying the top industrial efficiency option

Customer – the party that will be using the equipment

Product/system – Select if it is either a product or a system delivery by deleting the not applicable classification