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Guideline and Sample Contract
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VDMA Mitglieder 27,2
Within the framework of a plant construction or machinery supply contract, the functionality of all delivered systems and components must be determined before handover to the customer (client). Traditionally, this requires a team on site to carry out this "commissioning" or "startup". The situation in Corona times has presented companies with major challenges and required adjustments to processes - important projects have stalled shortly before completion. For example, travel restrictions in many places meant that on-site commissioning by the contractor/supplier could not take place. The reason for introducing remote commissioning may often have been initially health and safety related. However, it was also very quickly realised that workflows, customer service and effort could be improved and costs reduced at the same time. Remote support will therefore play an increasingly important role in commissioning in the future. At the same time, there is a great deal of uncertainty about what requirements this process change will trigger from a legal point of view. Do liability aspects have to be reassessed? What will change in terms of contract design? Are there government regulations that need to be taken into account in addition?
These and similar questions are of particular concern to the supplying manufacturer.
The guide is intended to help better understand and handle the legal situation surrounding "remote commissioning".
Technical, legal and organizational framework conditions of remote commissioning
1. Introduction to the topic
2. Technical design of remote commissioning
3. Legal pitfalls of remote commissioning
4. Organizational requirements
Drafting of contracts
1. Sample contract (German)
2. Sample contract (English)