Software upgrade  mean any intended change of the Equipment software other than a software update, for example, to adapt to the presence and use of other hardware items including computer and its operating system. It must include all necessary labour and onsite visits to demonstrate satisfactory Equipment performance. Where the usage of consumables and spare parts necessitates the change of Equipment software such software update shall be deemed a replacement of the respective item. 

## Warranty 

A warranty or guarantee as per article I.13 of the contract is an assurance that the manufacturer makes regarding the condition of its product. It also refers to the terms and situations in which repairs or exchanges must be made in the event that the product does not function as originally described or intended. It includes any break down of the equipment that was caused by faulty design (or similar) and/or is not attributable to the Contracting Authority. 

The warranty must include any corrective actions necessary to re-establish proper functioning of the Equipment. The contractor shall repair and/or replace, free of charge, any component or part of the result as a whole that is proven to be defective during the warrantee/guarantee period. There are no limit interventions for the corrective actions during the warranty period. 

This warranty period must commence once stage 1b is completed and accepted. Under the conditions of the contract, this period runs parallel with stage 2 and shall last twelve (12) consecutive months . 

If the spare parts are replaced require periodic calibration/maintenance, the service shall be included free of charge in the guarantee. 

## 6. PERFORMANCE OF THE CONTRACT 

## STAGE 1A: EQUIPMENT ENGINEERING, MANUFACTURE AND FACTORY ACCEPTANCE TEST (FAT) 

Finalisation of the Equipment design and engineering starts after signature of the contract. Equipment manufacture must start once the Commission based on the final P&ID and part list included in the final offer during the negotiation. 

This stage shall not exceed twelve (12) consecutive months . 

Prior to the delivery of the Equipment to the Petten site, it must be subject to a Factory Acceptance Test (FAT) on the site of the manufacturer that may be withnessed by technical staff of the Contracting Authority. The FAT must include demonstration of the Equipment on all functions and capabilities as specified in this technical specification to verify its compliance. The FAT cannot prejudice the outcome of Equiment commissioning. The contractor must inform the Contracting Authority at least three weeks in advance on the date of the FAT. 

This stage ends on the date of the delivery of the Equipment according to the mandatory requirements as set out under chapter 3.1 and attested by the signed form contained in Annex IV _ certificate of conformity - of the contract and the release of the FAT report. The payment of this stage is conditioned by the FAT approved by JRC 

