Legal Data Bank

Can the contractor request a compensation in case of early termination by CERN?

End of contract

Can the transfer of risk in the supply take place before acceptance of that supply by CERN?

Contract signature

CERN has terminated a contract earlier, does the warranty clause still apply?

End of contract

Contractor's failure may impact the LHC planning, what shall I do?

Contract execution

Does CERN accept to pay termination charges?

Licence agreements

How do I go about formally recording agreed modifications to the GCCC?

Contract signature

How do I notify the contractor in case of bad performance under the contract ?

Contract execution

How long should the licence agreement be valid for?

Licence agreements

Is CERN entitled to pay directly a subcontractor ?

Contract execution

Key point regarding the SLA

Licence agreements

On which date does the contract effectively start?

Contract signature

Should I define penalties in the order?

Contract signature

The bidder/contractor is proposing a subcontractor, shall I authorise it?

Contract execution

The contractor also offers free trial licences. How is this covered in a licence agreement?

Licence agreements

The contractor does not deliver the supply on time, what shall I do?

Contract execution

The contractor does not use the CERN Bank Guarantee template, can I accept this?

Contract execution

The contractor has the right to terminate the contract if CERN violates the licence’s usage rights or restrictions. Is this acceptable?

Licence agreements

The contractor wants to renegociate the prices after signature of the contract, is it acceptable?

Contract execution

The contractor wants to renegociate the prices because laws have changed, can I accept?

Contract execution

The Contractor wants to use his conditions instead of CERN’s General Conditions of CERN Contracts. What should I do?

Licence agreements

The contractor will not commit to repairing or replacing the software if it is not compliant with CERN’s needs. Is this normal?

Licence agreements

The contractor's personnel is not adequately qualified, what shall I do?

Contract execution

The contractor’s standard terms and conditions include a right for the contractor to audit CERN’s compliance with the contract. Can I accept this?

Licence agreements

The contractor’s standard terms cap the contractor’s liability at the annual contract value. Can I accept this?

Licence agreements

The contractor’s standard terms contain a very limited warranty. What can I accept?

Licence agreements

The contractor’s standard terms include uncapped liability for CERN. Can I accept this?

Licence agreements

The contractor’s terms restrict the Services compliance with any law. What does this mean?

Licence agreements

The licence agreement foresees automatic renewals of the licence/maintenance, unless CERN notifies the contractor to the contrary. Is this acceptable?

Licence agreements

The licence agreement gives the Contractor the right to change the software and/or the service. Is this allowed? How do I protect CERN from unwanted changes?

Licence agreements

The licence agreement gives the right to CERN employees and contractors to use the software. Is it enough?

Licence agreements

The licence agreement includes the right for the contractor to make changes to the licence conditions unilaterally by releasing an updated version or updating a certain link. Is this acceptable?

Licence agreements

The licence agreement includes the right for the contractor to seek injunctive relief. Is this acceptable?

Licence agreements

The licence agreement restricts use of the software to Switzerland. Is it OK?

Licence agreements

The licence agreement says that the contractor owns the intellectual property, including any intellectual property developed during the contract period. Is it acceptable?

Licence agreements

The supplier sends an order confirmation referring to its own general conditions, what should I do?

Contract signature

The technical officer wants to allow people to use the software from home e.g. for teleworking, or from their home institutes. Is this allowed?

Licence agreements

The technical officer wants to use a software to support KT activities, e.g. to create a design that will be licenced out to firms for commercialization. Is this allowed?

Licence agreements

To what extent can I modify the thresholds in the liability clause?

Contract signature

Under what circumstances can I accept to modify the GCCC ?

Contract signature

Use restrictions imposed by the licence provider

Licence agreements

What do I need to check for when reviewing the usage rights and restrictions in a licence agreement?

Licence agreements

What documents form part of a licence agreement? What is the order of precedence between documents in a licence agreement?

Licence agreements

What happens after the end of the contract?

End of contract

What is the difference between a subcontractor and a member of a combination of firms?

Contract signature

What measures can I take if the contractor fails to comply with the contract?

Contract execution

What needs to be checked in the licence agreement to ensure the software’s usage is compliant with OC11?

Licence agreements

What shall I do if a subcontractor requests direct payment from CERN ?

Contract execution

When and how can I apply penalties?

Contract execution

When and how can I send a notice letter to the contractor?

Contract execution

When and how can I terminate an order or a contract?

End of contract

When can CERN request the intervention of a third party ?

Contract execution

When does a supply become CERN property?

Contract execution

Where in the documents priority order should I insert agreed modified contractual conditions?

Contract signature

Which laws are meant under clause 10?

Contract execution

Who should sign the contract in the case of a combination of firms?

Contract signature