PLANTCONSTRUCTIONCONTRACT合同協(xié)議書英文版

1、編號(hào)：PLANT CONSTRUCTION CONTRACT甲方：乙方：簽訂日期：年月日第1頁共12頁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 inAppendix.'The Sit

2、e' 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' shallmean the total sum payable to the Contractor by theOwner for the Works.Arti

3、cle 2-Contractor''s Responsibilities1. 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 constructionof thePlant except those items and facili

4、ties to be suppliedby the Owner under Article.3. The Contractor shall perform the Works in accordance with the ScheduleinAppendix.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

5、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 Responsibilities1. The Owner shall make available the Site and grant the Contractor freeanduninterrupted access thereto

6、 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 w

7、ork 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 Price1. Within days after the effective date of this Contract, the Owner shall pay the Contractor as full and complete compensatio

8、n for accomplishing the Works and assuming all obligations under this Contract the Contract Pricein 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

9、into account all circumstances which may affect the cost in agreeing the Contract Price.Article 5-Drawings1. The Contractor shall submit to the Owner for approval and review within he time specified in Appendix such drawings as may be required for Constructionof the Plant under this Contract. Within

10、 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 t

11、o 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

12、 ContractArticle 6-Inspection1. 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 unde

13、r 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 whic

14、h 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 hav

15、e passed the above tests, the Owner shall furnish the Contractor with a certificate in writing to that effect. No Plant shall bedelivered until any faults discovered during inspection are satisfactorily rectified.Article 7-Inspection1. The Contractor shall provide at the Site to the reasonable satis

16、faction 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.

17、 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 th

18、e 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 facilitiesfor the use of persons engaged in theWorks.第 11 頁 共 12 頁3. The Contractor shall observe all safety and other re

19、gulations imposedonthe 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 materialsandrubbish caused by the Works, and at the completion of the Works shallremove allthe Site and Plantand al

20、l necessaryremaining materials from and about the premises and shall leave safe, clean and ready for use.Article 8-Inspection1. The Contractor will supply at his own cost food, transprot facilities for all his own personnel.2. On signing the Contract, the Contractor shall appoint a project managerwh

21、o will represent the Contractor at all times be present at the Site during working hours. All communications issued by the Owner to the project managershall bebinding as if given to the Contractor.3. The Owner may request the removal and replacement of any person employedby the Contractor on the Sit

22、e if such person is in the Owner''s opinionguilty of misconduct, incompetence or negligence.Article 9-Inspection1. The Contractor shall be responsible for all losses of or damageto the Plant before final acceptance, and shall make good al such loss or damageat the costof the Contractor and t

23、o the reasonable satisfaction of the Owner provided, however, in the case of loss or damage to the Plant arisingfrom or occasioned by causesfor 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 dire

24、cts.2. The Contractor shall indemnify the Owner in respect of all damage andinjury 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 n

25、ed 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

26、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 th

27、e 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-Inspection1. Without limiting the Contractor''s liabilities the Contractor will at his own expense take out the following insur

28、ance: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 a

29、nd 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 s

30、ub-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'&#

31、39;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

32、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

33、 to deduct the relevant costs from and sums owing tothe Contractor.Article 11-Inspection1. 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

34、 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

35、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 ther

36、eafter.Article 12-Inspection1. 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 App

37、endix to enable the tests to commenceon 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 certificat

38、e stating that the Plant has been taken over by the Owner asfrom 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 th

39、e same terms and conditions as the original tests.5. The Plant shall not be commercially operated before the issue of the final acceptance certificate. Notwithstanding the failure of the Plant to pass its performance tests, the Owner may at his discretion issue a final acceptance certificate subject

40、 to the Contractor remedying the Plant defects as soon as possible.Article 13-Inspection1. In the event of any repeat of a performance test failing for reasons imputable to the Contractor, and there being no mutual agreement to continue retesting, the results of the final test will be measured and t

41、he Contractor will be liable to pay to the Owner liquidated damages on the scale set out in Appendix up to a maximum of % of the Contract Price.2. If the Contractor is unable for reasons within his control to obtain a final acceptance certificate for the whole Plant by months from the effective date

42、 of this Contract, he shall be liable to pay to the Owner for each month''s delay liquidated damages of% of the Contract Price up to a maximum of% of the Contract Price in accordance with Appendix.3. The Contractor shall establish, in favour of the Owner, a guarantee for%ofthe Contract Price

43、 in the form set out in Appendix in support of his obligations under this Article.Article 14-Inspection1. The Contractor warrants, for a period of months from the date of issue of the final acceptance certificate or months from the effective date of this Contract whichever is the earlier, the suppli

44、ed Plant against faulty design, material and workmanship.2. The Owner shall inform the Contractor in writing of all claims arising under this provision within days of the detection of fault, if the Contractor''s representative is on Site or withindays if not, to the Contractor''s hea

45、d office by telex r recorded air mail delivery with supporting data. The Contractor shall have the option to replace or repair all parts proved deficient. For this purpose the Contractor shall have the option to replace or repair all parts proved deficient.For this purpose the Contractor shall have

46、an access to the Site to inspect the faulty parts at any time and to enable him to comply with the terms of this guarantee. Should the Contractor fail to carry out agreed remedial work within any period of time reasonable in the particular circumstance, the Owner shall have the right to do this work

47、 at the Contractor''s expense.3. This warranty is given subject to the Owner storing, operating and maintaining the Plant in accordance with the Contractor''s instructions and specified operating parameters and may be nullifiedin the event of the Owner attempting rectificationwork wi

48、thout the Contractor''s agreement.4. This warranty does not include items which fail due to natural wear and tear, or consumables or similar items whose natural life is months or less.5. If pursuant to the above warranty the Contractor repairs or replaces any equipment, materials or workmans

49、hip, the provisions of this Article shall them apply to said repaired or replaced equipment, materials or workmanship for a period of one year from the date such repairs or replacements are completed.Article 15-Patent Rights and Royalties1. The Contractor shall fully indemnify the Owner against all

50、actions,claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement of patents, design or copyright of third parties by the use of the Plant supplied by the Contractor.2. The Contractor shall also be responsible for the payment to third partiesof all fees, roy

51、alties and other charges, if and, that may be payable under the terms of any license or permission in respect of any design of the Works provided by the Contractor, the manufactured and supply of the Plant and any work done or method employed in the construction of the Works.However, the Owner shall

52、 be responsible for the payment to third parties of all fees, royalties and other charges, if any, that may be payable under the terms of any license or permission in respect of the operation or use of the Plant or any part thereof.Article 16-Suspension1. The Owner shall have the right to instruct t

53、he Contractor to suspend any part or the whole of the Works at any time upon giving written notice to the Contractor provided that any period of suspension exceeding days shall be treated as termination under Article.2. If the Owner fails to make any payment to the Contractor under this Contract wit

54、hin days of the due date, or if the Contractor is otherwise interrupted or delayed in the performance of the Works due to the Owner''s contractual default, the Contractor shall be entitled to suspend performance of this Contract.3. In the event of suspension of the Works in accordance with t

55、his Article the Contractor shall be entitled to receive such reasonable additional payment as may be necessary to compensate for the additional costs arising out of such suspension, interruption or delay and such reasonable extension of time for performance of Contract.Article 17-Termination1. In th

56、e event of suspension in accordance with Article lasting for a periodof more than days either party shall have the right to give notice to the other party of the immediate termination of this Contract.2. The Owner may at any time by written order to the Contractor order the Contractor to cease furth

57、er execution of the Works, and the Contractor shall upon receipt of a termination order, cease all further work on the Site other than such work thereon as the Engineer may instruct for the purpose of protecting, making safe or tidying up such parts of the works as may already have been executed or

58、be in course of erection. The Contractor shall, as soon as practicable after receipt of the termination order, also cease all such further work as is being done off the Site in the performance of this Contract.3. Upon termination of this Contract under this Article and under Article, the Contractor

59、shall be entitled to be paid:a. that part of the Contract price which is proportionate to engineering and services carried out, andb. that part of the contract price which is proportionate to the Plantcompleted but not delivered.Article 18-Force Majeure1. No party to this Contract shall be liable to the other party for any failure of or delay in performance of its obligations hereof nor be deemed to be in breach of this Contract, if such failure or delay has arisen from'force majeure.'2. 'Force Majeure