The contractor is liable for any conformity defect which exists at the time of delivery, even if this defect does not appear until a later date. 

The contractor is also liable for any conformity defect which occurs after delivery and is ascribable to non- compliance with its obligations, including failure to provide a guarantee that, for a certain period, supplies used for the purposes for which they are normally used or for a specific purpose will preserve their qualities or characteristics as specified. 

If part of an item is replaced, the replacement part must be guaranteed under the same terms and conditions for a further period of the same duration as that specified above. 

If a defect is found to originate in a systematic flaw in design, the contractor must replace or modify all identical parts incorporated in the other supplies that are part of the order, even though they may not have been the cause of any incident. In this case, the guarantee period must be extended as stated above. 

## II.4.2. Provision of services 

II.4.2.1 Signature of the FWC does not guarantee any actual purchase. The contracting authorityis bound only by specific contracts implementing the FWC. 

II.4.2.2 The contractor must provide services of high quality standards, in accordance with the state of the art in the industry and the provisions of this FWC, in particular the tender specifications and the terms of its tender. 

II.4.2.3 The contractor must comply with the minimum requirements provided for in the tender specifications. This includes compliance with applicable obligations under environmental, social and labour law established by Union law, national law and collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU, $^{4}$ as well as compliance with data protection obligations resulting from Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. 

II.4.2.4 The contractor must obtain any permit or licence required in the State where the services are to be provided. 

II.4.2.5 All periods specified in the FWC are calculated in calendar days, unless otherwise specified. 

II.4.2.6 The contractor must not present itself as a representative of the contracting authority and must inform third parties that it is not part of the European public service. 

II.4.2.7 The contractor is responsible for the personnel who carry out the services and exercises its authority over its personnel without interference by the contracting authority. The contractor must inform its personnel that: 

(c) they may not accept any direct instructions from the contracting authority; and that 

(d) their participation in providing the services does not result in any employment or contractual relationship with the contracting authority. 

II.4.2.8 The contractor must ensure that the personnel implementing the FWC and any future replacement personnel possess the professional qualifications and experience required to provide the services, as the case may be on the basis of the selection criteria set out in the tender specifications. 

II.4.2.9 At the contracting authority’s reasoned request, the contractor must replace any member of personnel who: 

(c) does not have the expertise required to provide the services; or 

(d) has caused disruption at the premises of the contracting authority. 

The contractor bears the cost of replacing its personnel and is responsible for any delay in providing the services resulting from the replacement of personnel. 

