Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II.5.4. Validity and date of e-documents 
1. The parties agree that any e -document, including related attachments exchanged 
via e-PRIOR: 
(a) is considered as equivalent to a paper document;  
(b) is deemed to be the original of the document; 
(c) is legally binding on the part ies once an e-PRIOR authorised person has 
performed the ‘sign’ action in e-PRIOR and has full legal effect; and 
(d) constitutes evidence of the information contained in it and is admissible as 
evidence in judicial proceedings.  
2. The parties expressly waive any rights to contest the validity of such a document 
solely on the ground s that communications between the parties occurred through 
e-PRIOR or that the document has been signed through e-PRIOR. If a direct 
connection is established between the parties’ back offices  to allow electronic 
transfer of documents, the parties agree that an e-document, sent as mentioned in 
the interface control document, qualifies as an EDI message.  
3. If the e-document is dispatched through the supplier portal, it is deemed to have 
been legally issued or sent when the c ontractor (or leader in the case of a joint 
tender) is able to successfully submit the e-document without any error messages. 
The generated PDF and XML document for the e-document are considered as a proof 
of receipt by the contracting authority.  
4. In the event that an e-document is dispatched using a direct connection established 
between the parties’ back offices, the e-document is deemed to have been legally 
issued or sent when its status is ‘received’ as defined in the interface control 
document.  
5. When using the supplier portal , the contractor (or leader in the case of a joint 
tender) can download the PDF or XML message for each e-document for one year 
after submission. After this period, copies of the e -documents are no longer 
available for automatic download from the supplier portal.  
II.5.5.  Authorised persons in e-PRIOR 
The contractor submits a request for each person who needs to be assigned the role of 
‘user’ in e-PRIOR. These persons are identified by means of the European Communication 
Authentication Service (ECAS) and authorised to access and perform actions in e-PRIOR 
within the permission s of the user role s that the contracting authority has assigned to 
them. 
User roles enabling these e-PRIOR authorised persons to sign legally binding documents 
such as specific tenders or specific contracts are granted only upon sub mission of 
supporting documents proving that the authorised person is empowered to act as a legal 
representative of the contractor.  
II.6. Liability 
II.6.1 The contracting authority is not liable for any damage or loss caused by the 
contractor, including any damage or loss to third parties during or as a consequence 
of implementation of the FWC.  
II.6.2 If required by the relevant applicable legislation , the contractor must take out an 
insurance policy against risks and damage or loss relating to the implementation of 
the FWC. It must also take out supplementary insurance as reasonably required by 
standard practice in the industry.  Upon request, the contractor must provide 
evidence of insurance coverage to the contracting authority.