ICC Model Contract Commissioning and After-sales Services

Companies purchasing a machine or industrial solution typically need to arrange for the provision of services to maintain the smooth functioning of operations. In the context of global trade, these services may be provided in a range of formats and across geographies. The increasing diversification and global reach of company operations highlight the need for a set of standard terms to govern such service arrangements. ICC has drafted this model contract to provide companies and their advisors with an internationally applicable, fair, and balanced template.

The model covers the services connected to the supply of a machine, equipment, or an industrial solution. This typically involves installation; assembly and putting into operation (the ‘commissioning services’); and maintenance or after-sale services. The model is intended to service both manufacturers and suppliers of machines, equipment and industrial solutions, and companies providing such commissioning and maintenance and after sale services.

Although the present model form has been established especially for international situations, nothing prevents the parties from using it for domestic contracts, i.e. contracts between parties having their place of business in the same country.

Each ICC Model Contract includes a fully editable version in Microsoft Word, permitting you to easily adapt the contract to your specific case.

This model contract is available in English, contact your local ICC to enquire about a translated version National committees – ICC – International Chamber of Commerce (iccwbo.org)

Table of contents:

ICC Model Contract on Commissioning and After-sales Services….. 3

Foreword….. 5

Introduction….. 6

ICC Model Contract on Commissioning and After-sales Services….. 10

Chapter 1

General Provisions….. 11

Chapter 2

Obligations of the Parties….. 15

Chapter 3

The execution of the Contract….. 16

Chapter 4

Contract price and payment….. 19

Chapter 5

Acceptance, warranty and liability…… 20

Chapter 6

Force Majeure and suspension….. 21

Chapter 7

Applicable law and resolution of disputes….. 22

Annex I

Special Conditions and Appendices thereto….. 24

Appendix 1

Services to be performed, Client´s Requirements and assumptions….. 25

Appendix 2

Price and payment terms….. 26

Appendix 3

Schedule and Performance Test (if any)…. 27

Annex II

ICC Model Confidentiality Clause 2016….. 28

About the International Chamber of Commerce (ICC)…… 31

ICC Publications….. 32