not possible, the Contractor  shall provide a work-around solution if agreed expressly in writing with Europol, at Contractor’s own expense. The Contractor is responsible for any conformity defect which existed at the time of delivery, even if this defect does not appear until a later date (latent defect). 

If an item (or part of it) is replaced or a work-around solution is provided, the replacement item (or part of it) or the work-around solution shall be guaranteed under the same terms and conditions for a further period of the same duration as that specified above (i.e. 2 (two) years). 

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 goods that are part of the Framework Contract , even though they may not have been the cause of any incident. In this case the guarantee period shall be extended as stated above. 

## Article II-4 

## Contractor’s Personnel 

1. Unless expressly specified otherwise in the Tender Specifications and/or Special Conditions, the Contractor  is solely responsible for the Personnel  delivering goods and/or performing services under the Framework Contract  and exercises sole authority over such Personnel . 

2. The Contractor  must provide Europol with identification details of its Personnel  on assignments at Europol, prior to the Contract Date of a Specific Contract or Purchase Order . Each Contractor’s Personnel  must carry his/her identity document while on Europol’s Premises  and shall present it to Europol’s nominated contract manager and/or Europol’s security unit (or officer) immediately upon request. 

3. The Contractor  shall make provision for the following employment or service relationships with the Contractor’s Personnel : 

i. Unless specified otherwise in the Tender Specifications and/or Special Conditions, and without prejudice to Article II-15 (“Confidentiality and Security”) below, Personnel delivering goods and/or performing services may not be given orders directly by Europol; 

ii. Europol may not, under any circumstances, be considered the employer of the Contractor’s Personnel . Performance of services for Europol does not result in any employment or other contractual relationship with Europol. 

4. The Contractor is solely responsible for complying with applicable Dutch legislation, including specific legislation on temporary employment and collective labour agreements, as applicable. If necessary in accordance with the subject matter of the Framework Contract, the Contractor is also responsible for registration with the Dutch Chamber of Commerce as supplier or (temporary) workers. The Contractor is presumed to be familiar with all such obligations and may not rely or claim ignorance of such regulations. 

5. The Contractor  is responsible for paying Due Remuneration  to its Personnel  and Europol is entitled to verify the Contractor’s  compliance. Verification shall take place upon Europol’s written request and may concern all or part of the Contractor’s Personnel . Upon receipt of Europol’s written request, the Contractor  must send to Europol copies of salary slips of the concerned Personnel  as well as any other administration document that allows Europol to satisfactorily conclude that the Contractor is not in breach of its obligation to pay Due Remuneration to its employees. For avoidance of doubt, this includes information that Contractor  must obtain from its sub-contractor 

