ABB Electrical Industries Co. Ltd.

‫ﺷرﻛﺔ إﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

A joint venture limited liability company
‫ﺷرﻛﺔ ذات ﻣﺳﺋوﻟﯾﺔ ﻣﺣدودة ﻣﺧﺗﻠطﺔ‬
Head office - Riyadh, Kingdom of Saudi Arabia
‫اﻟﻣرﻛز اﻟرﺋﯾﺳﻲ اﻟرﯾﺎض – اﻟﻣﻣﻠﻛﺔ اﻟﻌرﺑﯾﺔ ا ﻟﺳﻌودﯾﺔ‬
C. R. 1010061412 - CoC 2620
2620 ‫ رﻗم اﻟﻌﺿوﯾﺔ‬1010061412 ‫ﺳﺟل ﺗﺟﺎري‬
Paid up capital - SAR 168,750,000
P. 0. Box 8796 Riyadh 11492 ‫ ﷼ ﺳﻌودي‬168.750.000 ‫رأس اﻟﻣﺎل اﻟﻣدﻓوع‬
Tel.: +966 (0) 11 265 3030 11492 ‫ اﻟرﯾﺎض‬8796 .‫ب‬.‫ص‬
Fax: +966 (0) 11 265 1211 +966 (0) 11 265 3030 :‫ﺗﻠﻔون‬
VAT Reg. Number 300056146610003 +966 (0) 11 265 1211 :‫ﻓﺎﻛس‬

_
ABB Measurement & Analytics
17 February 2022

Attention: Mr. Fawzy

Company: Darb Al Riyadh
Project: Water Supply Strategic Lines 2&3
ABB Reference: OPP-22-5247359-R1

ABB Trading Branch - Riyadh ABB Projects Branch- Riyadh ABB Electrical Industries Co. Ltd. ABB Electrical Industries Co. Ltd. ABB Trading Branch - Riyadh
C. R. 1010432522 - CoC 349962 C. R. 1010432521 - CoC 349963 GIS Factory- Dammam Cable Trays Factory- Dammam C. R. 1010432522 - CoC 349962
P. O. Box 8796 Riyadh 11492 P.O. Box 8796 Riyadh 11492 C. R. 2050106361 - CoC 194491 C. R. 2050113306 - CoC 225632 P. O. Box 8796 Riyadh 11492
Tel.: +966 (0) 11 484 5600 Tel.: +966 (O} 11 484 5600 P. 0. Box 31521 Dammam 31281 P. 0. Box 514 Dammam 31952 Tel.: +966 (0) 11 484 5600
Tel.: +966 (0) 13 816 3333 Tel.: +966 (0) 13 812 1222
 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

Dear Sir,

ABB measurement & analytical business unit part of ABB industrial automation division would like to thank you
for your interest in ABB products, services, and solutions.

With reference to your enquiry for ABB instrument we are pleased to submit our Techno-commercial offer with
the best Solutions that can fit your needs and fulfill your requirement as detailed in Section (A) and Section (B)
and as per attached ABB general terms and conditions.

Please note that our offer also includes an optional techno –commercial proposal for service to support you in
the entire asset lifecycle for easy reference please refer to Section C of this offer

Assuring you of our full support and attention, should you need any additional details or clarification please do
not hesitate to contact us by return

Yours faithfully,
ABB Electrical Industries Co. Ltd.

Ahmed El-Husseiny Mohammed Sajid

Instrumentation Sales Manager Local Division Manager
Measurement & Analytics Measurement & Analytics
Process Automation Division Process Automation Division

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

Table of Contents
SECTION (A) CONTACT INFORMATION .................................................................................................................................. 1
A.1 ABB CONTACT INFORMATION ............................................................................................................................. 1
SECTION (B) COMMERCIAL DETAILS ..................................................................................................................................... 2
B.1 PRICE SUMMARY .................................................................................................................................................... 2
B.2 GENERAL COMMENTS AND EXCLUSIONS ....................................................................................................... 4
B.3 COMMERCIAL TERMS AND CONDITIONS ........................................................................................................ 5
SECTION (C) TECHNICAL DETAILS ......................................................................................................................................... 8
C.1 CODIFICATION ....................................................................................................................................................... 8
C.2 TECHNICAL CLARIFICATIONS ........................................................................................................................... 16
C.3 DOCUMENTATIONS REQUIRED ........................................................................................................................ 17
SECTION (D) SERVICE OFFER ................................................................................................................................................ 18
D.1 OPTIONAL SERVICE OFFER ............................................................................................................................... 18
SECTION (E) ABB GENERAL TERMS AND CONDITIONS ................................................................................................... 24
E.1 ABB General Terms and Conditions for sale of Products and Services (Saudi Arabia)....................... 24
Definitions ..................................................................................................................................................... 24
Contract Price and Payment ..................................................................................................................... 24
Delivery, Risk, Title and Performance of the Services ......................................................................... 25
Warranty ........................................................................................................................................................ 26
Confidentiality.............................................................................................................................................. 26
Limitation of Liability ................................................................................................................................. 27
Intellectual Property.................................................................................................................................... 27
Variations and Change of Law.................................................................................................................. 28
Export Control .............................................................................................................................................. 28
Integrity ......................................................................................................................................................... 28
Force Majeure ............................................................................................................................................... 29
Suspension and Termination .................................................................................................................... 30
Use of Data and Data Protection ..............................................................................................................31
Indemnity....................................................................................................................................................... 32
Governing Law and Dispute Resolution ................................................................................................. 32
Miscellaneous ............................................................................................................................................... 32

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

SECTION (A)
CONTACT INFORMATION

A.1 ABB CONTACT INFORMATION

Sales Responsible: Ahmed M. El-Husseiny

Phone: +966 (11) 484 5656
Mobile: +966 550 515 250
Fax: +966 (13) 806 3700
Email: [email protected]
Sales Support: Mohammed Muheet Khan/AJ

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

SECTION (B)
COMMERCIAL DETAILS

B.1 PRICE SUMMARY

Bill of Material

Customer
Item Description Product Code QTY Unit Price Total Price
Material
FEV121 - WaterMaster
FEV121 Electromagnetic FEV121.200.V.1.S.4.S2.B.1.A
10 Flowmeter system, .1.A.3.A.3.A.3.A.1- 10 12,230.80 122,307.98
optimised full bore, ..M5.V3.CWA
remote mount
261GS - 261GS Gauge
pressure transmitter,
20 261GS.D.K.P.N.2.1-.L1...B2 5 4,017.17 20,085.85
compact class, base
accuracy 0.1 %
FEW321 - WaterMaster
FEW321 FEW321.300.K.1.S.4.S2.B.
30 Electromagnetic 1.A.1.A.3.A.3.A.3.A.1.JB.V3. 2 15,099.00 30,197.99
Flowmeter system, full CWA
bore, remote mount

FEW321 - WaterMaster
FEW321 FEW321.300.K.1.S.4.S3.B.
40 Electromagnetic 1.A.1.A.3.A.3.A.3.A.1.JB.V3. 1 19,644.04 19,644.04
Flowmeter system, full CWA
bore, remote mount

FEW321 - WaterMaster
FEW321 FEW321.350.K.1.S.4.S3.B.1
50 Electromagnetic .A.1.A.3.A.3.A.3.A.1.JB.V3. 3 23,039.45 69,118.35
Flowmeter system, full CWA
bore, remote mount

261GS - 261GS Gauge

pressure transmitter,
60 261GS.U.K.P.N.2.1-.L1...B2 6 4,017.17 24,103.02
compact class, base
accuracy 0.1 %
LST400 - LST400
LST400.Y0.S15.N1.P3.A1.
70 Ultrasonic Level 7 7,283.47 50,984.31
H1-SC6.....CR..M5
Transmitter
SM50 - ScreenMaster
SM50.4.F.C/.B.2.S.0.0.0.0
80 500F Field Mountable 5 6,261.69 31,308.46
.E./STD
Videographic Recorder
Total Order Value Excl. VAT SAR 367,750.00
VAT Value 15% SAR 55,162.50
Total Order Value Incl. VAT SAR 422,912.50

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Documentation and Testing included in ABB offer.

1) Warranty certificate.
2) Please note that any documentation including inspection/witness etc. unless otherwise
mentioned will be charged extra.

Technical Note

1) ABB offer is as per the limited information in email.

2) ABB offer do not include special Tags /certificate or inspection of any type.
3) ABB has offered asper model code mentioned in enquiry.
4) HMI displays are not offered as not available in ABB product range.
5) For site service related to commissioning and after sales service refer to Section D.

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B.2 GENERAL COMMENTS AND EXCLUSIONS

General Comments and Exclusions

1) Our Offer is based on the attached technical data sheet/Information provided in our offer
reference OPP-22-5247359.
2) Any additional requirements, spares, or accessories not part of the original quoted
equipment must be quoted separately.
3) Our offer is valid only for the Inspection, testing or documentation mentioned in technical
details, section (B). If any other inspection, testing, or documentation is required then we
can revise our quote accordingly.
4) Any change in Tag or Calibration range or any other specification after the placement of
the Purchase order will have price and delivery impact.
5) Our scope for Sale of Products are as mentioned in above summary & attached General
Terms & Conditions (T&Cs) and; Sale of Services is limited to, Site configuration,
Commissioning, Supervision as mentioned in attached optional Instrument Service Rates
Table and Terms & Conditions in the last section.
6) Third party inspection charges shall not be in ABB scope of supply
7) Our product warranty is applicable only if the equipment is stored and installed in line
with the standards and as per the installation manual guidelines.
8) ABB take exclusion to any product defect responsibility and warranty incase storage
and installation by customer / contractor is not in line with guidelines provided.

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

B.3 COMMERCIAL TERMS AND CONDITIONS

Tender Validity 15thMarch 2022

Packing Included.
Freight Included.
Insurance Included.
Customs duty Included.
VAT VAT must be paid by the buyer as per applicable VAT law of Saudi Arabia at the
time of delivery.
Erection Not Included.
Commissioning Not Included. Can be offer separately included as optional.
Please refer to Section C.
Delivery Time 20-22 working weeks.
Delivery Term Delivered Duty Paid at Your Warehouse
Terms of Payment 50% advance, balance before delivery
Warranty Our technical warranty will be valid for 12 months from the date of completed
commissioning of the equipment or 18 months from the date of delivery or
reported readiness of shipment whichever comes first, and it will cover products
free from defects in title material and workmanship.
Our product warranty is applicable only if the equipment is stored and installed
by qualified persons in line with the standards and as per the installation manual
guidelines supplied along with product.
For Expert Services Not Applicable.
Installation Manuals can be downloaded from ABB site.
http://new.abb.com/products/measurement-products
Liquidated Not applicable unless mutually agreed in writing before placement of order. We
Damages reserve the right to change price and delivery on acceptance of LD
Indirect, Supplier shall not be liable for any special, indirect or consequential damages or
Consequential losses such as consequential but not limited to loss of revenue, loss of use, loss
Damages of power, loss of products, costs of capital, damages costs of replacement
power or costs connected with interruption of operation.
Liability and ABB Electrical Industries Co. Ltd total liability is limited to total Purchase order
indemnity value only, further refer to ABB Electrical Industries Co. Ltd general terms and
conditions clause 06 & 14.
Condition of Sales General Terms and conditions of sale of ABB Electrical Industries Co. Ltd
Order cancellation ABB shall have the right to apply the below rates in case of order cancellation by
customer after the date of purchase order coming into force and for reasons not
attributed to us
Within one month, ...................... 30% of total purchase amount
Within one to Two months, .........55% of total purchase amount
Within three to four months, …....75% of total purchase amount
Four Months and after……….….100% of the purchase amount
Shipping Release Shipping release should be issued by customer within 1 week from material
readiness notification. If the customer anticipates that he will be unable to
accept delivery of the product at the delivery time, he shall notify ABB in writing,

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stating the reason and the time when he will be able to accept delivery of
materials. In addition, customer shall pay any part of the purchase price which
becomes due on delivery as if the delivery had taken place. ABB shall arrange for
storage of the product at risk and expense of customer and shall also insure the
product at customer expense if customer so requests
Storage Fee The goods to be dispatched to buyer within one week from the date of
inspection completion or notification readiness for equipment delivery
whichever comes first.
A Storage fee at the rate of 200 Saudi Riyal per day per equipment will be
applicable, and it will be charged to the buyer in case of further delays and for
reasons not attributed to ABB

Our General terms and Conditions for Sale of Products as per (Appendix I) shall
General Conditions be considered as integral part document of this offer and they are binding in all
respects. Any special conditions of the purchase which are contrary to the
referred General terms and Conditions for Sale of Products will be valid only if it
is accepted by ABB Electrical Industries Co. Ltd in writing

In case of purchase order is issued by the customer then the only applicable
terms and conditions are as in our offer and will govern the PO with the highest
priority. ABB shall not be bound by any verbal commitments, arrangements, or
agreements by or with its personnel except and insofar as is in accordance with
the Offer or as ABB confirms the same in writing.

All offers and orders to be performed or supplied by ABB and all agreements with
ABB with respect thereto are entered into on the basis of the terms and
conditions of the Offer to the exclusion of any other terms and conditions set
out or referred to in the Order or any document or other communication used by
either party in relation to the same. In the event of any conflict between the
terms and conditions of the Offer and any other document or communication,
the former shall prevail. For the avoidance of doubt, any additions to,
limitations or other modifications of the Offer, set forth in the Order or any
document or other communication, shall be of no force or effect. A simple
mention in the Order or any document or other communication of this fact, in
the opposite sense, shall not modify this clause.

A simple mention in the Order or any document or other communication that the
Order will be automatically accepted within specified period, shall be of no force
or effect and shall not modify this clause

COVID19 Clause The Parties are aware of the outbreak of a Coronavirus (commonly known as
COVID-19) or any mutation of such virus which is impacting or may impact
normal business and execution of this Contract.
The Parties agree that ABB is entitled to time extension or other reasonably
required Contract adjustments (not involving cost) if any consequences whether
directly or indirectly resulting out of, or in connection with the coronavirus
outbreak, lead to delays in delivery of goods or provision of services or otherwise
affect ABB’s contractual obligations or duties.

In the event the delay caused by COVID-19 situation is not acceptable to the
customer and ABB estimates that in order to prevent or mitigate such delays in
the delivery of goods, provision of services or fulfilment of ABB’s contractual
obligations it is necessary to incur costs then ABB shall communicate such
estimated costs to the customer and the Parties shall discuss and mutually agree
on such costs.

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Raw Material, The Parties hereby recognize the existence of a global severe shortage of
Commodities, electronic components (including, but not limited to, semiconductors), as well of
Transportation and market volatility in the availability and cost of other raw materials, commodities,
Other Critical transportation, and other critical components and/or elements, for an
Components unpredictable period of time, which may impact normal business and the
execution of the scope of delivery in a way and with a timing beyond ABB’s
control (hereinafter “Excusable Event”).
Notwithstanding anything in the contract/terms and conditions/purchase order
to the contrary, if after the date of ABB’s proposal or order confirmation or
during the term of the performance of the contract/purchase order/confirmed
purchase order an Excusable Event occurs, so that the costs of the ABB's
performance increase or ABB's performance obligations are materially adversely
affected, temporarily or permanently prevented or delayed, ABB shall be relieved
of any affected obligations and the Parties shall negotiate in good faith
equitable adjustments of the ABB’s obligations in terms of:
a. reasonable extensions of the original date of delivery or completion.
b. equitable adjustments in the price, to compensate ABB for any documented
increase in components, raw materials, commodity and/or transportation costs.
c. possible reductions of the contractually owed quantity of the goods to be
delivered to the Customer, with a view to employing reasonable efforts to ensure
that the contract/purchase order/confirmed purchase order can at least be
filled in part.
Agreed liquidated damages, any actual damages, penalties, or other fines,
otherwise payable by ABB shall not apply for delays directly or indirectly caused
by the Excusable Event. Customer cannot invoke such a delay as a cause for
termination/cancellation of the Contract/Order, unless otherwise agreed
between the Parties. In the event of a prolonged Excusable Event, ABB retains
the ability to terminate any affected agreement for convenience, by servicing
notice to Customer to this effect.
In case of termination/cancellation of the contract/purchase order/confirmed
purchase order directly or indirectly caused by the Excusable Event, each Party
waives any claim against the other Party either for direct damages and/or loss
of profits and/or indirect and/or intermediate damages, penalties and/or
liquidated damages If any dispute or difference arises between the Parties, the
Parties hereto shall endeavour to settle such dispute amicably. Any contract,
order acceptance or order confirmation by ABB is entered into and made subject
and conditioned to the above terms, which the Parties recognize as fundamental
conditions of any such agreement within the Parties

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ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

SECTION (C)
TECHNICAL DETAILS

C.1 CODIFICATION

POS:10
FEV121 - WaterMaster FEV121 Electromagnetic Flowmeter system, optimised full bore, remote
mount

CODE: QTY:
FEV121.200.V.1.S.4.S2.B.1.A.1.A.3.A.3.A.3.A.1-..M5.V3.CWA 10

Bore Diameter 200 DN 200 (8 in.)

Liner Material V Polypropylene
Electrode Design 1 Standard
Measuring Electrodes Material S Stainless steel 316
Grounding Accessories 4 2x Potential Equalizing Rings (Stainless
Steel)
Process Connection Type S2 ISO 7005 PN 16 EN 1092-1
Process Connection Material B Carbon Steel
Usage Certifications 1 Standard (without PED)
Calibration Type A Standard factory calibration
Temperature Range of Installation / 1 Standard design / -20 ... 60 °C (-4 ... 140 °F)
Ambient Temperature Range
Name Plate A Adhesive label
Signal Cable Length and Type 3 20 m (approx. 60 ft) cable
Explosion Protection Certification A General purpose (non-Ex design)
Protection Class Transmitter / 3 IP 67 (NEMA 4X) / IP 68 (NEMA 6P), cable
Protection Class Sensor fitted and potted
Cable Conduits A M20 x 1.5
Power Supply 3 100 ... 230 V AC, 60 Hz
Input and Output Signal Type A HART + 20 mA + Pulse + Contact output
Configuration Type / Diagnostics Type 1 Parameters set to factory defaults /
Standard diagnostic functions activated
Language M5 English
Verification Type V3 VeriMaster
Potable Water and Food & Beverage CWA WRAS - Cold water approval
Approvals
Country of origin ABB UK

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POS:20
261GS - 261GS Gauge pressure transmitter, compact class, base accuracy 0.1 %

CODE: QTY:
261GS.D.K.P.N.2.1-.L1...B2 5

Sensor - Span Limits D 1000 kPa / 10 bar / 145 psi

Diaphragm Material / Fill Fluid K Hastelloy C-276 / Silicone oil, NACE
Process Connection Material / Process P AISI 316L SST (1.4404) / DIN EN 837-1 G 1/2
Connection B, NACE
Gasket N None, NACE
Electronic Housing Material / Electrical 2 AISI 316L SST (1.4404) / M16 x 1.5 (with
Connection cable gland made of plastic)
Output 1 HART digital communication and 4 ... 20
mA
Integrated Digital Display (LCD) L1 With integrated LCD display
Mounting Bracket Shape / Material B2 For pipe mounting / AISI 304 SST (1.4301)
Country of Origin ABB Italy

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ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

POS:30
FEW321 - WaterMaster FEW321 Electromagnetic Flowmeter system, full bore, remote mount

CODE: QTY:
FEW321.300.K.1.S.4.S2.B.1.A.1.A.3.A.3.A.3.A.1.JB.V3.CWA 2

Bore Diameter 300 DN 300 (12 in.)

Liner Material K Elastomer
Electrode Design 1 Standard
Measuring Electrodes Material S Stainless steel 316
Grounding Accessories 4 2x Potential Equalizing Rings (Stainless
Steel)
Process Connection Type S2 ISO 7005 PN 16 EN 1092-1
Process Connection Material B Carbon steel
Usage Certifications 1 Standard (without PED)
Calibration Type A Standard factory calibration
Temperature Range of Installation / 1 Standard design / -20 ... 60 °C (-4 ... 140 °F)
Ambient Temperature Range
Name Plate A Adhesive label
Signal Cable Length and Type 3 20 m (approx. 60 ft) cable
Explosion Protection Certification A General purpose (non-Ex design)
Protection Class Transmitter / 3 IP 67 (NEMA 4X) / IP 68 (NEMA 6P), cable
Protection Class Sensor fitted and potted
Cable Conduits A M20 x 1.5
Power Supply 3 100 ... 230 V AC, 60 Hz
Input and Output Signal Type A HART + 20 mA + Pulse + Contact output
Configuration Type / Diagnostics Type 1 Parameters set to factory defaults /
Standard diagnostic functions activated
Lay Length JB ISO Lay Length
Verification Type V3 VeriMaster
Potable Water and Food & Beverage CWA WRAS - Cold water approval
Approvals
Country of Origin ABB UK

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ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

POS:40
FEW321 - WaterMaster FEW321 Electromagnetic Flowmeter system, full bore, remote mount

CODE: QTY:
FEW321.300.K.1.S.4.S3.B.1.A.1.A.3.A.3.A.3.A.1.JB.V3.CWA 1

Bore Diameter 300 DN 300 (12 in.)

Liner Material K Elastomer
Electrode Design 1 Standard
Measuring Electrodes Material S Stainless steel 316
Grounding Accessories 4 2x Potential Equalizing Rings (Stainless
Steel)
Process Connection Type S3 ISO 7005 PN 25 EN 1092-1
Process Connection Material B Carbon steel
Usage Certifications 1 Standard (without PED)
Calibration Type A Standard factory calibration
Temperature Range of Installation / 1 Standard design / -20 ... 60 °C (-4 ... 140 °F)
Ambient Temperature Range
Name Plate A Adhesive label
Signal Cable Length and Type 3 20 m (approx. 60 ft) cable
Explosion Protection Certification A General purpose (non-Ex design)
Protection Class Transmitter / 3 IP 67 (NEMA 4X) / IP 68 (NEMA 6P), cable
Protection Class Sensor fitted and potted
Cable Conduits A M20 x 1.5
Power Supply 3 100 ... 230 V AC, 60 Hz
Input and Output Signal Type A HART + 20 mA + Pulse + Contact output
Configuration Type / Diagnostics Type 1 Parameters set to factory defaults /
Standard diagnostic functions activated
Lay Length JB ISO Lay Length
Verification Type V3 VeriMaster
Potable Water and Food & Beverage CWA WRAS - Cold water approval
Approvals
Country of Origin ABB UK

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POS:50
FEW321 - WaterMaster FEW321 Electromagnetic Flowmeter system, full bore, remote mount

CODE: QTY:
FEW321.350.K.1.S.4.S3.B.1.A.1.A.3.A.3.A.3.A.1.JB.V3.CWA 3

Bore Diameter 350 DN 350 (14 in.)

Liner Material K Elastomer
Electrode Design 1 Standard
Measuring Electrodes Material S Stainless steel 316
Grounding Accessories 4 2x Potential Equalizing Rings (Stainless
Steel)
Process Connection Type S3 ISO 7005 PN 25 EN 1092-1
Process Connection Material B Carbon steel
Usage Certifications 1 Standard (without PED)
Calibration Type A Standard factory calibration
Temperature Range of Installation / 1 Standard design / -20 ... 60 °C (-4 ... 140 °F)
Ambient Temperature Range
Name Plate A Adhesive label
Signal Cable Length and Type 3 20 m (approx. 60 ft) cable
Explosion Protection Certification A General purpose (non-Ex design)
Protection Class Transmitter / 3 IP 67 (NEMA 4X) / IP 68 (NEMA 6P), cable
Protection Class Sensor fitted and potted
Cable Conduits A M20 x 1.5
Power Supply 3 100 ... 230 V AC, 60 Hz
Input and Output Signal Type A HART + 20 mA + Pulse + Contact output
Configuration Type / Diagnostics Type 1 Parameters set to factory defaults /
Standard diagnostic functions activated
Lay Length JB ISO Lay Length
Verification Type V3 VeriMaster
Potable Water and Food & Beverage CWA WRAS - Cold water approval
Approvals
Country of origin ABB UK

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POS:60
261GS - 261GS Gauge pressure transmitter, compact class, base accuracy 0.1 %

CODE: QTY:
261GS.U.K.P.N.2.1-.L1...B2 6

Sensor - Span Limits U 3000 kPa / 30 bar / 435 psi

Diaphragm Material / Fill Fluid K Hastelloy C-276 / Silicone oil, NACE
Process Connection Material / Process P AISI 316L SST (1.4404) / DIN EN 837-1 G 1/2
Connection B, NACE
Gasket N None, NACE
Electronic Housing Material / Electrical 2 AISI 316L SST (1.4404) / M16 x 1.5 (with
Connection cable gland made of plastic)
Output 1 HART digital communication and 4 ... 20
mA
Integrated Digital Display (LCD) L1 With integrated LCD display
Mounting Bracket Shape / Material B2 For pipe mounting / AISI 304 SST (1.4301)
Country of origin ABB Italy

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POS:70
LST400 - LST400 Ultrasonic Level Transmitter

CODE: QTY:
LST400.Y0.S15.N1.P3.A1.H1-SC6.....CR..M5 7

Explosion Protection Certification Y0 General Purpose

Sensor Type and Range S15 Standard transducer, 15 m range
Process Connection Type N1 1 in. NPT, 0.94 in. long
Polycarbonate / 2 pcs. metric, M20 x 1.5,
Housing Material / Cable Glands P3 cable glands mounted
Power Supply A1 115 ... 230 V AC or 24 V DC
HART digital communication and 4 ... 20
Output Signal H1 mA
Signal Cable Length SC6 30 m (approx. 98 ft)
Inspection certificate for calibration, with
Certificates CR test report
Documentation Language M5 English
Country of origin ABB Shanghai

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POS:80
SM50 - ScreenMaster 500F Field Mountable Videographic Recorder

CODE: QTY:
SM50.4.F.C/.B.2.S.0.0.0.0.E./STD 5

Channels 4 4 Analog / Digital Inputs

Mounting F Field / Panel
Display Type C/ Color
Usage Certifications B Standard
Software Options 2 Totalizers
Communications S RS485 Modbus & 2x Digital I/P
Optional Output Module 0 None
Power Supply 0 90 ... 264 V AC
Gland Entry Type 0 None (4 Blanking Plugs Supplied)
Door Lock 0 None
HMI Language E English
Configuration /STD Standard
Country of origin ABB UK

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TECHNICAL CLARIFICATIONS

Technical Deviation

1) ABB offer is as per the limited information in email.

2) ABB has selected model code as per the enquiry email. Customer to review and provide
the exact process details before order finalization.
3) No Spares/ extended warranty, third party inspection considered

General Technical Comments and Exclusions

1) Third party inspection charges shall not be in ABB scope of supply.

2) Necessary reducer-expander, mating flanges etc required for installation of flow meter
shall not be in ABB scope of supply.
3) Our product warranty is applicable only if the equipment is stored and installed in line
with the standards and as per the installation manual guidelines.
4) ABB take exclusion to any product defect responsibility and warranty incase storage
and installation by customer / contractor is not in line with guidelines provided.
5) Site service visit will be chargeable in case it will appear that the product is defective for
reasons not attributed to ABB.

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C.3 DOCUMENTATIONS REQUIRED

Documentation and Testing included in ABB offer.

1) Warranty certificate.
2) Please note that any documentation including inspection/witness etc. unless
otherwise mentioned will be charged extra.

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SECTION (D)
SERVICE OFFER

D.1 OPTIONAL SERVICE OFFER

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OPTION ONE

Instrument Service Rates

Local transportation / Accommodation / Airfare – By Customer
(ABB Specialist “In Kingdom”) – Table#01

Rate Service
Daily / Hourly Rates Description Currency
Terms Rates
Weekday Work Rate: 8:00 AM to 5:00 PM
Per day SAR 7500.00
(Sunday to Thursday) - (Including 1-hour lunch time)
Weekday Hourly Rate: After 5:00 PM UPTO 7:00 PM
Per hour SAR 1125.00
(Sunday – Thursday)
Weekend & Holiday Work Rate: 8:00 AM to 5:00 PM
Per day SAR 12000.00
Saturday, Friday or KSA Holiday - (Including 1 hour lunch time)
Weekend & Holiday Work Rate After 5:00 PM UPTO 7:00 PM
Per hour SAR 1500.00
(Saturday, Friday or KSA Holiday)
Travel time Per hour SAR 100.00
Standard Weekday Work Hours: 8 hours/Day
Info Info Info
8:00 AM to 5:00 PM - (Including 1-hour lunch time)
Standard Weekdays Per Week: 5 Days Info Info Info
Weekends:
Info Info Info
Saturdays, Fridays and Standard KSA Holidays
End-User / Customer to arrange / provide following:
Local transportation from ABB office to nearest airport (Jubail –
Dammam Airport – Jubail)
Air fare from Damam airport to nearest airport to site
Pickup and drop from airport near site to hotel – airport near site
Local transportation from hotel to site - hotel
Info Info Info
Hotel accommodation
Food and laundry
NB:
Any break in site commissioning service for reasons not attributed to
ABB and beyond ABB control requiring demobilization from site in
which customer to make arrangements for points 1 to 6 above.
WORK HOUR BASIS: Supplier’s Representative will be reimbursed for all actual hours worked. Supplier’s
Representative shall not submit separate charges for hours not worked (Saturday, Friday or Holiday)

VALIDITY – The Rates set forth above shall remain firm until 31 Dec 2021

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OPTION TWO
Instrument Service Rates
Local transportation / Accommodation / Airfare – By ABB
(ABB Specialist “In Kingdom”) – Table#02

Rate Service
Daily / Hourly Rates Description Currency
Terms Rates
Weekday Work Rate: 8:00 AM to 5:00 PM
Per day SAR 7500.00
(Sunday to Thursday) - (Including 1-hour lunch time)
Weekday Hourly Rate: After 5:00 PM UPTO 7:00 PM
Per hour SAR 1125.00
(Sunday – Thursday)
Weekend & Holiday Work Rate: 8:00 AM to 5:00 PM
Per day SAR 12000.00
Saturday, Friday or KSA Holiday- (Including 1-hour lunch time)
Weekend & Holiday Work Rate After 5:00 PM UPTO 7:00 PM
Per hour SAR 1500.00
(Saturday, Friday or KSA Holiday)
Travel time Per hour SAR 100.00
Air Fare Central Region (Riyadh / Qassim / Hail) Per trip SAR 750.00
Air Fare Western Region (Jeddah / Madinah / Yanbu) Per trip SAR 1250.00
Air Fare Southern Region (Abha / Jizan) Per trip SAR 1450.00
Hotel accommodation Per day SAR 750.00
Local Transportation (Jubail-Dammam Airport-Jubail) Per trip SAR 300.00
Rental car To / From customer site location Per day SAR 200.00
Standard Weekday Work Hours: 8 hours/Day
Info Info Info
8:00 AM to 5:00 PM - (Including 1-hour lunch time)
Standard Weekdays Per Week: 5 Days Info Info Info
Weekends:
Info Info Info
Saturdays, Fridays and Standard KSA Holidays
WORK HOUR BASIS: Supplier’s Representative will be reimbursed for all actual hours worked. Supplier’s
Representative shall not submit separate charges for hours not worked (Saturday, Friday, or Holiday)

VALIDITY – The Rates set forth above shall remain firm until 31 Dec 2021

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A. Important Note:

01. Our offered prices are for commissioning service of normal 8 hours / day work on weekdays Sun
– Thu from 08:00 to 17:00 at customer / end user site, with maximum one mobilisation /
demobilisation.

02. Each mobilization / demobilization is chargeable per trip to site.

03. Any break in site commissioning service for reasons not attributed to ABB and beyond ABB
control requiring demobilization from site in which case mobilization and demobilization shall
be charged for subsequent visit per attached service rate table.

04. ABB scope is limited to providing commissioning / site service for ABB products only.

05. Customer / End user is responsible to provide required spares to carry out site repair / maintenance
activity.

06. Customer / End user is responsible to provide all calibration gases / standards / buffer solutions as
may be required for the installation.

07. Customer should follow installation procedures provided by ABB along with each product.

08. Any delay in carrying out site services once ABB engineer is at site relating to below reasons is
chargeable to customer / end user:
a. Incomplete installation
b. Incorrect installation
c. Unavailability of utilities such as power supply
d. Non-termination of signal and power supply lines
e. Delay in issuing safe work permit
f. Delay in issuing require spare parts at site to carry out service work
g. Non-availability of local transportation (if arranged by customer) to visit remote sites.

09. This offer will cover only commissioning services of ABB instrumentation products.

10. Our offered prices are service commissioning and shall not be considered for witness of
commissioning by end user or his representative in case the same is still needed then it will be
charged extra as per the daily rate (Service Rates Table).

If opted we have considered commissioning completion by 31 Dec 2021, in case it is extended beyond 2021
for reason not attributed to ABB then new service rate as prevailing and applicable for 2022 shall be charged
until 31 Dec 2022.

B. Additional charges for reasons not attributed to ABB

01. Any delay in carrying out site commissioning services once ABB engineer is at site relating to
anyone of below reasons is chargeable to Customer / contractor / end-user:
a. Incomplete installation
b. Incorrect installation
c. Unavailability of utilities such as power supply
d. Non-termination of signal and power supply lines to ABB product
e. Delay in issuing safe work permit
f. Delay in issuing require spare parts at site to carry out service work
g. Non-availability of local transportation (if arranged by customer) to visit remote sites.

02. Any break in site commissioning service for reasons beyond ABB control, then it will be considered
as an additional mobilization / demobilization charge calculated based on attached service rates
table.

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C. Detailed Scope of work.

Inclusions:
01. Scope of work is related to commissioning service for ABB Instrumentation Products only.
02. Scope shall be per agreed quotation only.
03. Our offered prices for commissioning service of normal 8 hours / day work on weekdays from
Sun-Thu between 08:00 to 17:00 at customer / contractor / end-user, with maximum one
mobilisation / demobilisation.
04. Mobilisation / Démobilisation chargeable per visite.

Exclusions:
01. Installation supervision is excluded from our offer, if installation supervision is required then
Customer / contractor / end-user should request for separate quote related to installation
supervision.
02. Training of customer / contractor / end-user is excluded from this scope.
03. Spare parts.

D. Customer Responsibilities and Obligations:

01. Mandatory Safety Requirement:

a. As part of ABB safety rules and code of conduct customer / end-user to appoint a responsible
person to be present with ABB engineer at all times during site activity to coordinate / assist in
all activities of ABB Engineer though out the site visit.
b. ABB engineer will not start work if customer representative is not accompanying ABB engineer
OR forced to stop work if customer representative leaves site without appointing other
responsible person to accompany ABB engineer.
c. Safe work permits
d. Safety requirements such as scaffolding or proper planned safe excavations for access to
installed ABB products.

02. Customer Responsibilities:

a. Arrange necessary gate pass / site access
b. Customer / contractor / end-user must complete all instrument installation and power/signal
cables termination and mail confirmation for ABB to mobilize engineer to site for
commissioning services.
c. Customer / contractor / end-user is responsible to provide required spares to carry out site
repair / maintenance activity.
d. Customer / contractor / end-user is responsible to provide all calibration gases / standards /
buffer solutions as may be required for the installation.
e. Customer / contractor / end-user should follow installation procedures provided by ABB along
with each product.

03. Site mandatory requirements completion for optional commissioning services of ABB Products
prior to ABB engineer visit e.g. :

a. Recorder and Controllers:

• Power / sensor / Signal cable termination & continuity test shall be completed by customer.
• Power supply shall be non-floating in line with specification.
• Instrument installation and bonding as per ABB recommended procedures.

b. Chlorine Analyzer:
• Analyzer power / sensor / Signal cable termination & continuity test shall be completed by
customer.
• Power supply shall be non-floating in line with specification.
• Cl2 sensor installation as per specification.
• Sample conditioning systems leak test shall be completed by customer.

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c. Electromagnetic Flow meter:

• Flow power / sensor / Signal cable termination & continuity test shall be completed by
customer.
• Power supply shall be non-floating in line with specification.
• Flow meter installation and bonding as per ABB recommended procedures.
• For pulse output 24 VDC shall be provided from PLC.

d. PT/DPT:
• Tx installation as per hook up drawings.
• Tx power supply as per specification.
• Signal cable termination & continuity test shall be completed by customer.

e. TT/TE:
• Installation as per instruction manual.
• TT/TE installation as per hook up drawings.
• TT/TE power supply as per specification.
• Signal cable termination & continuity test shall be completed by customer.

f. KTEK Level Products:

• Installation as per hook up drawings.
• Power supply shall be non-floating in line with specification
• Signal cable termination & continuity test shall be completed by customer.

g. Ultrasonic Level & Flow Transmitter:

• Installation as per instruction manual.
• Power supply shall be non-floating in line with specification.
• Signal cable termination & continuity test shall be completed by customer.

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SECTION (E)
ABB GENERAL TERMS AND CONDITIONS

E.1 ABB General Terms and Conditions for sale of Products and Services
(Saudi Arabia)

The scope of work is specified in ABB Contract and in Attachment B (hereinafter the Scope of Work). The
Scope of Work and any related additional work is provided subject to the following:

Definitions

1.1. “ABB” means a legal entity belonging to the ABB Group providing Products and/or Services under
the Contract.

1.2. “Contract” means the agreement (including these General Terms and Conditions) made in writing
(e.g. via an offer, purchase order and order acknowledgement) between the Purchaser and ABB for
the provision of Products and/or Services.

1.3. “Contract Price”, means the Price for the Products and/or Services set forth in the Contract.

1.4. “Intellectual Property Rights”, means all patents, copyrights, design rights, trademarks, trade
names, service marks, logos, trade secrets, domain names, know-how and business processes and
methods, confidential information and any other proprietary rights or form of intellectual property
(whether registered or unregistered) capable of protection under the law, and including applications
for the grant of any such rights.

1.5. “Products” means the products, equipment, parts, or other goods (including software) that ABB has
agreed to supply to the Purchaser under the Contract.

1.6. “Purchaser” means the entity to which ABB is providing Products and/or Services under the Contract.

1.7. “Services” means the services that ABB has agreed to provide to the Purchaser under the Contract.

1.8. “Third Party Products”, means any products that are not produced by ABB, but have been supplied
to the Purchaser pursuant to the Contract.

Contract Price and Payment

2.1. Unless otherwise agreed in the Contract, all prices shall be based upon EXW (ABB factory) Incoterms
2010.

2.2. The Contract Price does not include, and the Purchaser shall be responsible for all, taxes, duties, fees
or other charges of any nature including import, property, sales, stamp, turnover, use or value added
taxes and duties. If the Purchaser deducts or withholds such taxes or duties, the Purchaser shall pay
additional amounts in order for ABB to receive the full Contract Price.

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2.3. Payment shall be made in full, free and clear of all deductions, counterclaims, withholdings or offsets,
within thirty (30) days from the date of invoice. The Purchaser shall pay a penalty on overdue
payments from the maturity date until the actual date of payment at the rate of 1.5% per month or
the maximum amount permitted by law, whichever is lower.

2.4. All travel expenses incurred in the provision of the Services shall be for the account of the Purchaser.
Travel expenses include:

a) fares for journey by rail, sea, air, and road;

b) carriage, freight and customs duties as well as insurance due in connection with personal effects,
instruments and tools required for the Services, including necessary cost of overweight on air
freight; and
c) all out of pocket expenses incurred by ABB for the Services ordered by the Purchaser, such as
internet use, facsimile and telephone.

Delivery, Risk, Title and Performance of the Services

3.1. Unless otherwise provided in the Contract, the Products shall be delivered in accordance with EXW
(ABB factory) Incoterms 2010. Partial deliveries are allowed. Any date for delivery stipulated or
quoted shall be deemed to be an estimate only. If any Products cannot be delivered when ready, ABB
may deliver the Products to a storage facility and the risk of loss to the Products shall immediately
pass to the Purchaser. The Purchaser shall be liable to pay any direct and indirect cost in relation to
the storage. The Products shall be deemed to have been delivered when placed in storage.

3.2. The Purchaser shall be deemed to have accepted the Products and Services as being in compliance
with the Contract, unless the Purchaser has notified ABB in writing of any shortages or damage
within five (5) days from delivery of the Products or three (3) days from performance of the Services.

3.3. Title to the Products shall transfer at the time of delivery. ABB shall retain a security interest in and
lien on the Products until the Contract Price has been paid in full. Subject to Clause 4, no return of
Products is permitted.

3.4. In respect of the Services to be performed by ABB, the Purchaser shall be responsible for and shall
provide at its own cost and risk the following: (a) free and safe access to the work site, including all
necessary visas, permits, consents, licenses and exemptions necessary for ABB to conduct the
Services at the work site;

a) safe working conditions at the work site;

b) all health, safety, security and environmental requirements applicable at the work site;
c) access to medical facilities and resources at the work site;
d) necessary fuel, lubricants, water, electricity, compressed air and cleaning facilities; and
e) air-conditioned facilities with potable water, including canteen facilities.

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3.5. If in ABB’s opinion the health, safety or security of its personnel at the work site is at risk, ABB may
suspend the Services and evacuate its personnel from the work site. Any such event shall be
considered an excusable event without any liability on ABB.

Warranty

4.1. ABB warrants that the Products shall be free from defects in title, material and workmanship and
that the Services shall be performed with due skill and care. A Product comprising software, will
substantially conform to published specifications and the media upon which the software is
provided will be free from defects in materials and workmanship.

4.2. Unless otherwise agreed the following warranty periods shall apply:

a) Products (that are not software) – 12 months from date of delivery;

b) Products (that are software) – 90 days from delivery;
c) Services – 90 days from date of performance of the Services; and
d) Third Party Products – warranties are transferred from the third parties to the Purchaser to the
extent ABB has the right to transfer them.

4.3. If the Products or Services do not meet the warranties set forth in Clause 4.1, the Purchaser shall
without delay inform ABB in writing prior to the expiration of the warranty period. ABB shall at its
option repair or replace the defective Product and/or re-perform the defective Services. The
Purchaser agrees to bear all the cost of access, including, but not limited to the removal and
replacement of systems, structures, dismantling, decontamination, reinstallation and
transportation of Products to ABB and back to the Purchaser. All warranties for any Products
repaired or replaced or Services re-performed during the warranty period will expire at the same
time as the original warranty period.

4.4. ABB shall not be liable for any defect attributable to: (a) normal wear and tear, (b) any storage, use,
service or operation of the Products which is not in conformity with manuals, instructions or
specifications provided by ABB, (c) damage caused by any item or service not provided by ABB, and
(d) any modification or alteration of a Product.

4.5. Insofar as permissible by applicable law, clause 4 sets forth the only warranties applicable to the
Products and Services and is in lieu of all other warranties, guarantees, obligations and liabilities,
expressed or implied. The remedies in this Clause 4 are the Purchaser’s only remedies for breach of
warranty and no warranty or condition of merchantability or fitness for a particular purpose applies.

Confidentiality

5.1. Each Party undertakes that it will keep strictly confidential all the other Party’s confidential and
commercially sensitive information of which it becomes aware in the course of execution of the
Contract. This confidentiality commitment shall not apply to information which (a) is already known

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to the recipient or is publicly available, (b) is legally disclosed to the recipient by a third party, (c) is
required to be disclosed by law or public order, or (d) is permitted to be used or disclosed by the
Contract.

Limitation of Liability

6.1. In no event, whether as a result of breach of contract, breach of warranty, tort or otherwise shall ABB
be liable for any indirect, contingent, special, consequential or incidental damages however caused
or arising, nor for losses or damages caused by reason of unavailability of the Products or Services,
shutdowns, loss of use, loss of profit or revenue, loss of reputation, loss of data, cost of purchased
or replacement power, cost of substituted equipment, pollution remediation cost, claims from the
Purchaser’s customers and stakeholders, damage to any equipment and property other than the
Products and cost for additional tests.

6.2. Notwithstanding any other provision of the Contract, in no event shall ABB’s aggregate liability to
the Purchaser under this Contract, whether in contract, tort or otherwise exceed fifty per cent (50%)
of the Contract Price.

6.3. ABB shall not be liable for any products or service work acquired or performed by the Purchaser or
any third party, even if carried out with the assistance or supervision of ABB’s personnel.

Intellectual Property

7.1. Each party shall retain ownership of all Intellectual Property Rights it had prior to the Contract
(including without limitation all copyright and proprietary rights in software supplied by ABB in any
format, including as embedded in any other product). Nothing in the Contract shall have the effect
of transferring any Intellectual Property Rights from ABB to the Purchaser or any third party. All new
Intellectual Property Rights created or conceived by ABB in the performance of the Contract shall be
owned exclusively by ABB.

7.2. Any Intellectual Property Rights in software that comprise Products or a part of a Product is licensed
and not sold to the Purchaser.

7.3. Subject to the terms of any end user license agreement entered into with the Purchaser by ABB in
respect of relevant Products, ABB grants to the Purchaser a non-exclusive, non-transferable licence
to use Intellectual Property Rights in software owned by ABB that comprise Products or a part of a
Product for the Purchaser’s own use.

7.4. For Third Party Products (or any part thereof) that comprise software, which software is licensed by
a third party to ABB, the Purchaser’s rights and responsibilities in respect of such Third Party
Products shall be governed by the terms of such license.

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

Variations and Change of Law

8.1. Each party may at any time propose changes in the schedule or the scope of Products or Services.
ABB is not obliged to proceed with any changes until such changes have been agreed upon in writing,
including an adjustment to the Contract Price. Any changes to the Contract shall be agreed upon in
writing by the authorized representatives of the parties.

8.2. In the event of a change in any applicable laws, rules, codes, regulations, sanctions, site specific
requirements or procedures which comes into effect after the date of the last submission of ABB’s
offer, and such change has an impact on ABB’s performance under the Contract, ABB shall inform
the Purchaser in writing of such impact and the scope, Contract Price, schedule or other provisions
of the Contract will be adjusted in order to reflect the additional cost and obligations incurred by
ABB.

Export Control

9.1. The Purchaser shall comply with all applicable import, export control and economic sanctions laws
and regulations. The Purchaser shall not, directly or indirectly, sell, provide, export, re-export,
transfer, divert, loan, lease, consign, or otherwise dispose of any Product, Services, material,
software including source code, or technology to or via any person, entity, or destination, specifically
to any denied or restricted party, or for any activity or end-use restricted by any applicable laws or
regulations or to any activities in relation to nuclear or military. The Purchaser shall undertake that
all third parties receiving such supply from the Purchaser comply with this requirement.

9.2. If requested, the Purchaser shall provide ABB with a certificate signed by the Purchaser’s authorized
representative confirming that the end-user shall comply with Clause 9.

9.3. Any breach by the Purchaser or any other party for whom the Purchaser is liable (which shall, without
limitation, include an end-user) of any of the provisions in Clause 9, shall be deemed a material
breach of the Contract by the Purchaser, and shall entitle ABB to terminate the Contract, without the
need to obtain a court order or arbitration award forthwith by notice to the Purchaser. In the event
of such termination or otherwise, the Purchaser shall compensate ABB for any damage and loss
sustained as a result of such breach of the Contract and shall keep ABB, and all of its affiliates, and
their respective officers, directors, and employees indemnified against any claims and liabilities
arising out of such breach.

Integrity

10.1. The Purchaser hereby warrants that it will comply with all applicable laws and that it will not make
any payment or commitment contrary to any applicable laws (including the US Foreign Corrupt
Practices Act). The Purchaser further agrees to perform its obligations under the Contract with
substantially similar standards of ethical behavior as set forth in the ABB Code of Conduct.

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

10.2. ABB has established the following reporting channel whereby the Purchaser and its employees may
report suspected violations of the ABB Code of Conduct www.abb.com/ethics.

Force Majeure

11.1. Force Majeure is any event or circumstance beyond the reasonable control of the affected Party
including but not limited to:
• Acts of God, earthquake, tempest, storm, volcanic activity, flood, lightning, tsunami, tornado, tidal
wave, landslide, drought, whirlwind, typhoon, hurricane, and any other natural disaster or adverse
climatic or sea conditions;
• Riot, commotion or disorder, strikes and industrial and labour disputes;
• Fires and explosions, ionisation radiation or contamination by radioactivity from any nuclear fuel or
from any nuclear waste from combustion of nuclear fuel, radioactive toxic explosives, or other
hazardous properties of any explosive nuclear assembly or nuclear components thereof, together
with contamination by toxic material or toxic waste or other hazardous effects of any toxic substance
or substances acting singly or in combination;
• Non-availability or shortage of materials, data, fuel, electricity and/or water;
• Delay due to any actions or omissions by any public services or government authorities, sanctions,
blockade, embargo, prohibition on exportation or importation of material or equipment or services
and any other action or failure to act of public services or government authorities, such as a customs
delay;
• War and other hostilities (whether declared or not) invasion, act of foreign enemies, mobilisation of
armed forces, requisition or embargo, insurrection, terrorism, sabotage, revolution, rebellion, military
or usurped power, civil war or a Security Event (as defined below);
• Closing of roads, rails, air and other transportation links, of bridges tunnels, harbours or docks, and
other transportation interruptions or delays beyond ABB’s responsibility;
• Any consequences of a change of law, including regulations; and
• Epidemics, pandemics and other health and safety hazards.

11.2. If performance of any obligation under the Contract (other than an obligation to make payment) is
prevented, restricted, delayed or otherwise adversely affected by Force Majeure, the Party whose
performance is thereby affected is excused from and not be liable for such failure or delay in
performance and is entitled to an equitable adjustment of its contractual obligations, including but
not limited to an extension of time for completion and demobilisation/remobilisation, as applicable.
Further, ABB shall be entitled to reimbursement of any reasonable Costs incurred during and as a
result of Force Majeure, including demobilisation/remobilisation costs, as applicable.

11.3. If either Party considers that Force Majeure has occurred which may affect performance of its
contractual obligations it shall as soon as possible, but in any event within a period of 14 days from
the date that Party became aware of the relevant event or circumstance constituting Force Majeure,

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

notify the other Party of: (a) the event or circumstances constituting Force Majeure, (b) the
contractual obligations, the performance of which is prevented and (c) the steps it proposes to take
including any reasonable alternative means for the performance in question. In all cases the affected
Party shall endeavour to continue to perform its obligations under this Contract to the extent
reasonably practicable.

11.4. If performance cannot be achieved or is prevented, restricted or delayed for more than 90 days by
Force Majeure and the Parties have not agreed upon a revised basis for continuing the Work at the
end of such 90 day period, then either Party may at any time after the expiration of the said 90 day
period and while the Force Majeure still exists terminate this Contract by giving not less than 30
days' notice of termination in writing to the other Party. In case of termination of this Contract due
to Force Majeure, ABB is entitled to receive payment for: (a) work carried out until termination, (b)
ordered work, of which ABB is liable to accept delivery, (c) other costs which were reasonably
incurred by ABB in the expectation of completion of the Work, and (d) demobilization costs.

11.5. Any act, event or circumstances which, whether or not actually restricting or preventing performance
by ABB of its obligations, gives rise to a situation where continued performance of ABB's obligations
is reasonably likely to present a significant risk to the safety or security of ABB's personnel, or a risk
of loss or damage to its tools or equipment (each a “Security Event”), entitle ABB to suspend,
partially or in whole, performance of any or all of its obligations under the Contract. Immediately
upon becoming aware of a Security Event, ABB may take appropriate measures to protect its
personnel, tools and equipment, including withdrawing any or all of its personnel and/or its tools or
equipment from Site and relocating them to a suitable safe location within or outside Saudi Arabia.
ABB shall notify the Purchaser of a Security Event as soon as practicable after becoming aware such
event. From the date of such notice, ABB is entitled to reimbursement from the Purchaser of all costs
incurred in suspending work pursuant to this sub-clause, together with costs of demobilisation,
remobilization, relocation of personnel and/or tools or equipment, and the costs of implementing
any other security measures reasonably necessary to protect ABB’s personnel, tools or equipment.
ABB is also entitled to reimbursement of any additional costs incurred in continuing to perform its
obligations in such circumstances. All such costs are to be continuously reimbursed by the Purchaser
for as long as the Security Event continues, notwithstanding any resumption or continuation of Work
by ABB.

Suspension and Termination

12.1. ABB shall have the right to suspend for such period as it considers appropriate and/or immediately
terminate the Contract, without the need to obtain a court order or arbitration award, by notice to
the Purchaser if, in the reasonable opinion of ABB, any of the following events arise:

(a) in the event the Purchaser fails to comply with any material obligation under the Contract (including
failure to pay the Contract Price when due); (b)if the Purchaser becomes insolvent, commences

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

proceedings for winding up or bankruptcy, enters into an arrangement with its creditors or files for
the protection of creditors under any bankruptcy or insolvency laws;
(b) if the control or ownership of the Purchaser materially changes (a material change being a change of
at least twenty-five per cent (25%));
(c) if a Force Majeure event is continuing for more than three (3) months; or (e)if any representation or
warranty made by the Purchaser herein or in any document provided to ABB proves to be incorrect.

12.2. In the event ABB suspends performance under the Contract in accordance with Clause 12.1, the
Purchaser shall be liable to reimburse ABB for any cost and expense incurred by ABB as a result of
the suspension (including demobilisation and remobilisation cost) and the delivery dates and
contractual milestones shall be equally extended.

12.3. In the event ABB terminates the Contract in accordance with clause 12.1. the Purchaser shall pay ABB
for all Products and Services completed or partially completed before the date of the termination.
The Purchaser shall further be liable to reimburse ABB for all costs, expenses and losses reasonably
incurred as a result of the termination.

Use of Data and Data Protection

13.1. The Purchaser hereby grants to ABB the right to use, free of charge, all information and data
generated or gathered by any embedded sensors and SCADA devices in the Products delivered by
ABB. The right to use such data and information includes, but is not limited to, the right to develop
ABB products (including software) and services.

13.2. ABB shall have the right to transfer such information and data to any legal entity belonging to the
ABB group of companies or to third parties who act for or on ABB’s behalf.

13.3. The parties agree that the Purchaser shall be the data controller, who shall ensure compliance with
the applicable data protection laws, in particular the lawfulness of the processing of personal data.
ABB shall be processing personal data on behalf of the Purchaser and shall ensure compliance only
with regard to those obligations under applicable data protection laws that are specifically directed
to processors and shall act according to lawful instructions of the Purchaser.

13.4. ABB’s personnel engaged in the Processing of Personal Data are informed of the confidential nature
of the Personal Data, have received appropriate training on their responsibilities and have executed
written confidentiality agreements.

13.5. The Purchaser agrees that it will not withhold or delay its consent to any changes to this data
protection clause and/or to any additional data processing or data protection agreements which in
the reasonable opinion of ABB are required to be made in order to comply with applicable data
protection laws and regulations and/or with guidelines from any competent supervisory authority,
and their application to the services provided by ABB from time to time.

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 ABB Electrical Industries Co. Ltd ‫ﺷرﻛﺔ اﯾﮫ ﺑﻲ ﺑﻲ ﻟﻠﺻﻧﺎﻋﺎت اﻟﻛﮭرﺑﺎﺋﯾﺔ اﻟﻣﺣدودة‬

Indemnity

14.1. The Purchaser shall indemnify and hold harmless ABB against any and all losses, claims, expenses
liabilities and damages for:

(d) personal injury or death to any employee of the Purchaser or any third party; and
(e) loss or damage to any property of the Purchaser or any third party, except in the event such personal
injury, death, loss or damage is a direct result of ABB’s gross negligence.

Governing Law and Dispute Resolution

15.1. The Contract shall be governed by and interpreted in accordance with the substantive laws of the
Kingdom of Saudi Arabia.

15.2. In the event of a dispute arising out of or relating to this Contract, including any question regarding
its existence, validity or termination, the parties shall first seek settlement of that dispute by
mediation in accordance with the Mediation Rules of the Saudi Center for Commercial Arbitration,
which Rules are deemed to be incorporated by reference into this clause.

15.3. If the dispute is not settled by mediation within sixty (60) days of the commencement of the
mediation, or such further period as the parties shall agree in writing, the dispute shall be referred
to and finally he Board of Grievances (Commercial Divisions) sitting in Riyadh and established
pursuant to Royal Decree No. M/51 dated 17/7/1402 H. (10 May 1982). However, ABB shall not be
prevented from seeking an injunction or other interim remedy in a competent court of the country
where its rights under the Contract are infringed.

Miscellaneous

16.1. All notices under the Contract shall be made in writing in English language.

16.2. The Purchaser shall immediately notify ABB of any change in the ownership or control of the
Purchaser.

16.3. The Contract constitutes the entire agreement between the parties and supersedes all prior
agreements and understandings between the parties in relation thereto.

16.4. The Purchaser shall not be entitled to assign or novate its rights and obligations under the Contract
without the prior written consent of ABB.

16.5. ABB is an independent contractor and shall have complete charge of selection and qualification of
subcontractors and its personnel to perform any obligations under this Contract.

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