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Article 1-Definitions
'The Owner' shall mean .
'The Contractor' shall mean .
'The Plant' shall mean all or any part of the machinery, equipment andmaterials forming the permanent installation as specified in Appendix.
'The Site' shall mean all the land where the plant is to be constructed in accordance with this Contract.
'The Works' shall mean the works to be done by the Contractor under this Contract.
'The Contract Price' shall mean the total sum payable to the Contractor by the Owner for the Works.
Article 2-Contractor''s Responsibilities
1. The Contractor shall design, engineer, and construct the Plant at the Site.
2. The Contractor shall provide all equipment, materials, tools, facilities,labour and services necessary for the successful construction of the Plant except those items and facilities to be supplied by the Owner under Article.
3. The Contractor shall perform the Works in accordance with the Schedule in Appendix.
4. The Contractor shall provide the Owner''s personnel with training of peration and maintenance of the Plant in accordance with Appendix.
5. The Contractor shall supply the Owner with the spare parts specified in Appendix.
6. The Contractor shall supply the Owner with the maintenance equipment specified in Appendix.
Article 3-Owner''s Responsibilities
1. The Owner shall make available the Site and grant the Contractor free and uninterrupted access thereto throughout the duration of this Contract.
2. The Owner shall provide those items and facilities specified in Appendix at the time therein established.
3. The Owner will obtain from the relevant Authorities those licenses and permits necessary to construct and operate the Plant on the Site including work permit for the Contractor''s employees.
4. The Owner shall pay the contractor for the Works performed the Contract Price set out in Article.
Article 4-Contract Price
1. Within days after the effective date of this Contract, the Owner shall pay the Contractor as full and complete compensation for accomplishing the Works and assuming all obligations under this Contract the Contract Price in the amount of .
2. The Contract Price is not subject to escalation, and the cost of executing he Works shall be the risk of the Contractor who shall be deemed to have btained all information and taken into account all circumstances which may affect the cost in agreeing the Contract Price.
Article 5-Drawings
1. The Contractor shall submit to the Owner for approval and review within he time specified in Appendix _____ such drawings as may be required for Construction of the Plant under this Contract. Within one month after receiving such drawings the Owner shall review and approve or disapprove the drawing.
2. The Contractor shall be responsible for any defects, errors or omissions in the above drawings unless such defects, errors or omissions are caused by inaccurate information furnished in writing to the Contractor by the Owner.
3. All drawings and technical documentation delivered by the Owner or the Contractor to the other party shall be treated as confidential by the receiving party unless agreed otherwise, and shall not be used by that party for purposes other than those connected with this Contract
Article 6-Inspection
1. The Contractor shall perform all inspection and testing of the Plant required by law and normal engineering practice.
2. The Owner shall be entitled at all reasonable times and at its own cost to inspect, examine and test the materials and workmanship of the Plant under construction. Such inspection, examination or testing if made shall not release the Contractor from any obligation under the Contract.
3. The completed Plant shall be inspected, examined and tested by the Owner,and the Contractor shall give the Owner reasonable notice in writing of the date on which the Plant will be ready for testing.
4. The Contractor shall provide such assistance, labour, materials, electricity,fuels, apparatus, stores and instruments as may be required and as maybe reasonably demanded to carry out such tests by the Owner properly and efficiently.
5. When the Plant shall have passed the above tests, the Owner shall furnish the Contractor with a certificate in writing to that effect. No Plant shall be delivered until any faults discovered during inspection are satisfactorily rectified.
Article 7-Inspection
1. The Contractor shall provide at the Site to the reasonable satisfaction of the Owner all materials, labour, equipment, services and facilities that may be necessary for the proper execution and completion of the Works.
2. Without prejudice to the generality of the above, the Contractor shall provide, as may be necessary, the following:
a. Construction equipment.
b. Means of transport within the Site including temporary roadways.
c. Fencing, lighting and guarding and all other materials and services necessary for the safety and security of persons and property.
d. Temporary stores, offices and other buildings or structures for materials and persons engaged in the Words, including persons employed by the Owner.
e. Telephones, fire-fighting equipment and first-aid equipment until the whole Works have been taken over.
f. Sanitary and canteen facilities for the use of persons engaged in the Works.
3. The Contractor shall observe all safety and other regulations imposed on the Site by local laws.
4. The Contractor shall at all times keep the Owner''s property and the adjoining premises, driveways and streets free of construction materials and rubbish caused by the Works, and at the completion of the Works shall remove all remaining materials from and about the premises and shall leave the Site and Plant safe, clean and ready for use.
Article 8-Inspection
1. The Contractor will supply at his own cost food, transprot and all necessary facilities for all his own personnel.
2. On signing the Contract, the Contractor shall appoint a project manager who will represent the Contractor at all times be present at the Site during working hours. All communications issued by the Owner to the project manager shall be binding as if given to the Contractor.
3. The Owner may request the removal and replacement of any person employed by the Contractor on the Site if such person is in the Owner''s opinion guilty of misconduct, incompetence or negligence.
Article 9-Inspection
1. The Contractor shall be responsible for all losses of or damage to the Plant before final acceptance, and shall make good al such loss or damage at the cost of the Contractor and to the reasonable satisfaction of the Owner provided, however, in the case of loss or damage to the Plant arising from or occasioned by causes for which the Contractor is mot responsible under the Contract, the same shall be made good by the Contractor but at the cost of the Owner, if the Owner so directs.
2. The Contractor shall indemnify the Owner in respect of all damage and in jury occurring before the issue of the final acceptance certificate to any property and person and against al l actions, suits, claims, demands, charges and expenses arising in connection therewith which shall be occasio ned by the negligence of the Contractor or any of his sub-contractors or by defective design, materials or workmanship but not otherwise.
3. In the event of any claim being made or actions brought against the Owner arising out of any matter in respect of which the Contractor is or may be liable under this Article, the Owner shall promptly notify the Contractor in writing thereof and the Contractor shall at his own expense take over and conduct in the name of the Owner all negotiations for the settlement of the same and any litigation that may arise therefrom. The Owner shall at the request of the Contractor afford all such information and assistance as the Contractor may reasonably require for the purpose of dealing with any such claim or action.
Article 10-Inspection
1. Without limiting the Contractor''s liabilities the Contractor will at his own expense take out the following insurance:
a. Transportation insurance on the machine and equipment from its deliveryex works to arrival at the Site.
b. Workers compensation insurance for all Contractor''s and subcontractor''s employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations.
c. Product liability insurance against damage to property or injury to persons until the end of the maintenance period in the sum not less that (amount) US dollars per occurrence.
d. Comprehensive automobile liability insurance in respect of all vehicles used by the Contractor or his sub-contractor in connection with his Contract.
2. The aforesaid policies of insurance will be taken out in the names of the Contractor and its sub-contractors, the Owner, their engineer, consultant and employees and agents as the joint insured and the policies shall contain a waiver of insurer''s rights of subrogation against the Owner, its engineer, consultant and employees and agents.
3. The Contractor shall maintain the aforesaid policies in full force and effect until the discharge of his obligations under this Contract, and the Owner shall have the right to demand from time to time copies of the policies, endorsements and renewals and receipts for payment of insurance premiums. If the Contractor fails to maintain any of these policies in full force and effect, the Owner shall have the right to rake out such policies and pay all relative premiums on behalf of the contractor and to deduct the relevant costs from and sums owing to the Contractor.
Article 11-Inspection
1. On completion of all construction and erection work of the Plant, the Contractor shall inform the Owner and shall carry out mechanical erection completion tests specified in Appendix to the satisfaction of the Owner.
2. On satisfactory completion of such tests the Owner will issue a certificate of completion of erection of the Plant. No feedstock shall be fed into the Plant until a certificate of completion of erection has been issued.
3. In the event of minor deficiencies in the construction and erection work which do not prevent erection completion and/or in the event of defects revealed by the tests which do not prevent the start-up of the Plant, the Owner shall issue a certificate of completion of erection and the Contractor shall be obliged to rectify the deficiencies as quickly as possible thereafter.
Article 12-Inspection
1. Following the issue of the certificates of completion of erection the Contractor shall give the Owner days notice of the date when he will be ready to carry out performance tests of the Plant.
2. The Owner shall provide the feedstock and other facilities required in Appendix to enable the tests to commence on time and the Contractor shall begin the performance tests at the time so notified.
3. The performance tests will be carried out in acceptance with the provisions of Appendix and on their successful completion, the Owner shall issue a final acceptance certificate stating that the Plant has been taken over by the Owner as from the date thereof.
4. If the Plant fails to pass its performance test, then the Contractor,after making such adjustments as he considers necessary, shall repeat such tests in the presence of the Owner at a time to be agreed upon under the same terms and conditions as the original tests.........................
版权所有：法律家科技集团 运营维护：法绿家科技（北京）有限公司
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