3. Definitions
The following words and expressions shall have the meanings hereby assigned to them :
3.1.
“Contract Price” means the agreed total sum of money to be paid by the Purchaser to the Seller in accordance with the Purchase Contract, which shall be set forth in the Form of Purchase Contract.
3.2.
“EGAT” means Electricity Generating Authority of Thailand.
3.3.
“Equipment” means all equipment, parts, materials, documents and software to be supplied by the Seller under the Purchase Contract.
3.4.
“Form of Purchase Contract” means a written agreement, signed by the authorized representative of the Purchaser and the Seller, which constitutes a part of the Purchase Contract.
3.5.
“Date of Provisional Acceptance of the work” means Commercial Operation date.
3.6
“Commercial Operation” means the combined cycle train operation after the performance test of the plant is accepted by EGAT and 30days successful reliability test run. And occurring thirty-six (36) months after the date of LOI issued by EGAT
3.7.
“Main Contract” means the agreement between the EGAT and consortium Sumitomo/Alstom.
3.8.
“Sub Contract Agreement” means the agreement between the Sumitomo and consortium TPSC/ITD.
3.9.
“ITD” means Italian-Thai Public Company Limited
3.10
“Owner” means EGAT
3.11.
“Performance Test at the Site” means the tests to certify whether the Guaranteed Performance is successfully achieved.
3.12.
“Purchase Contract” means the written agreement between the Seller and the Purchaser for execution and completion of the Work, which consists of the documents referred to in Article 2. hereof.
3.13.
“Purchaser” means the firm or company as defined in the Form of Purchase Contract.
3.14.
“Scheduled Delivery Date” shall mean the contract delivery date set forth in the Form of Contract.
3.15.
“Seller” means the firm or company as defined in the Form of Purchase Contract.
3.16.
“Site” means the final destination of the Equipment, and the location of the Power Plant.
3.17.
“Subcontractor” means any firm or company to whom any part of the Purchase Contract will be subcontracted by the Seller with the prior written consent of the Purchaser.
3.18.
“Technical Specification” means the technical specification and/or documents issued by the Purchaser, which consists of the documents referred to in Article 2. hereof.
3.19.
“Variation Order” means the written agreement signed by the authorized representative of the Seller and the Purchaser to duly authorize the any sort of technical and/or commercial modification of the Purchase Contract.
Variation Order shall become effective on the date when the Seller and the Purchaser sign the Variation Order, and supersede the Purchase Contract in the event of any conflict.
3.20.
“Warranty Period” means Warranty Period set forth in the Article 28.
3.21.
“Work” means the supply of the Equipment and all services pursuant to the Purchase Contract.