精品文檔96PLANTCONSTRUCTIONCONTRACT

1、經典知識，經典范文Article 1-Definitions'The Owner' shall mean .'The Con tractor' 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

2、be con structed in accordance with this Con tract.'The Works' shall mean the works to be done by the Con tractor un der this Con tract.'The Con tract Price' shall mean the total sum payable to the Contractor by the Owner for the Works.Article 2-Contractor,s Resporisibilities1. The Co

3、n tractor shall desig n, en gineer, and con struct 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.

4、3. The Con tractor shall perform the Works in accordance with the Schedule in Appendix.4. The Con tractor shall provide the Owner's pers onnel with training of peration and maintenance of the Plant in accordanee with Appendix.5. The Con tractor shall supply the Owner with the spare parts specifi

5、ed in Appendix.6. The Contractor shall supply the Owner with the maintenanee equipment specified in Appendix.Article 3-Owner"s Responsibilities1. The Owner shall make available the Site and grant the Con tractor free and unin terrupted access thereto throughout the duration of this Contract.2.

6、The Owner shall provide those items and facilities specified in Appendix at the time the rein established.3. The Owner will obtain from the relevant Authorities those licenses and permits necessary to con struct and operate the Plant on the Site including work permit for the Contractor's employe

7、es.4. The Owner shall pay the con tractor for the Works performed the Con tract Price set out in Article.Article 4-C on tract Price1. Within days after the effective date of this Contract, the Owner shall pay the Con tractor as full and complete compensation for accomplishing the Works and assuming

8、all obligations under this Contract the Contract Price in the amountof2. The Contract Price is not subject to escalation, and the cost of executi ng he Works shall be the risk of the Con tractor who shall be deemed to have btained all information and taken into account all circumstances which may af

9、fect the cost in agreeing the Con tract Price.Article 5-Drawings1. The Contractor shall submit to the Owner for approval andreview within he time specified in Appendixsuch drawingsas may be required for Construction of the Plant under this Contract. Within one month after receiving such drawings the

10、 Owner shall review and approve or disapprove the drawing.2. The Con tractor shall be resp on sible 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 draw

11、ings and technical documentation delivered by the Owner or the Con tractor 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 ContractArticle 6-lnspection1. The Con

12、tractor shall perform all inspection and testing of the Plant required by law and normal engineeilng 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, examin

13、ation 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 Own er.and the Con tractor shall give the Owner reas on able notice in writing of the date on which the Plant will be ready for testi

14、ng.4. The Con tractor 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 Owne

15、r 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 rectifiedArticle 7-lnspection1. The Con tractor shall provide at the Site to the reasonable satisfaction of the Owner all material

16、s, 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 Con tractor shall provide, as may be n ecessary, the followi ng:a. Construction equipment.b. Means of transport within the

17、 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 emp

18、loyed by the Owner.e. Teleph on es, 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

19、laws.4. The Con tractor shall at all times keep the Own er"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 l

20、eave the Site and Plant safe, clean and ready for useArticle 8-1 nspection1. 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

21、at all times be prese nt 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 O

22、wner's opinion guilty of miscon duct, in competence or negligence.Article 9-lnspection1. The Contractor shall be responsible for all losses of or damage to the Plant before final acceptanee, and shall make good al such loss or damage at the cost of the Contractor and to the reas on able satisfac

23、tion of the Owner provided, however, in the case of loss or damage to the Plant arising from or occasioned by causes for which the Con tractor is mot responsible under the Contract, the same shall be made good by the Con tractor but at the cost of the Owner, if the Owner so directs.2. The Con tracto

24、r 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 I actions, suits, claims, dema nds, charges and expenses arising in conn ection therewith which shall be occasio ned by the n egli

25、gence of the Con tractor or any of his sub con tractors or by defective design, materials or workmanship but not otherwise.3. In the eve nt of any claim being made or actio ns brought against the Owner arising out of any matter in respect of which the Contractor is or may be liable under this Articl

26、e, the Owner shall promptly notify the Con tractor 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 Contract

27、or 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-lnspecti on1. Without limiting the Contractor"s liabilities the Contractor will at his own expense take out the following insura nee:a. Tran

28、sportation insurance on the machine and equipment from its deliveryex works to arrival at the Siteb. Workers compe nsati on insurance for all Con tractor's and subcontractor's employees engaged or similar statutory social insurance in accordanee with the applicable laws and regulations.c. Pr

29、oduct 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 occurrenee.d. Comprehensive automobile liability insurance in respect of all vehicles used by the Con tractor or his sub-c on tractor in

30、conn ection with his Contract.2. The aforesaid policies of insurance will be taken out in the n ames of the Con tractor and its sub-c on tractors, 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 s

31、ubrogation 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 Con tract, and the Owner shall have the right to demand from time to time copies of the p

32、olicies, endorsements and renewals and receipts for payment of insura nee 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 con tractor and to deduct th

33、e relevant costs from and sums owing to the Contractor.Article 11-lnspectio n1. 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. O

34、n 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

35、do not prevent erection completion and/or in the eve nt 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.Art

36、icle 12-lnspectio n1. 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

37、enable the tests to commence on time and the Con tractor shall begin the performa nee tests at the time so notified3. The performance tests will be carried out in acceptance with the provisions of Append儀 and on their successful completion, the Owner shall issue a final acceptance certificate statin

38、g 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

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

40、 Con tractor remedying the Plant defects as soon as possible.Article 13-lnspection1. 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 the Con

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

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

43、the form set out in Appendix in support of his obligations under this Article.Article 14-lnspectio n1. 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 supplied

44、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 head office by

45、 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 deficie nt. For this purpose the Con tractor shall have an acces

46、s 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 circumstanee, the Owner shall have the right to do this work at the

47、Contractors 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 nullified in the event of the Owner attempt!ng rectification work without the Contractor

48、"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 workmanship, the provisions of t

49、his 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 Con tractor shall fully indem nify the Owner against all actions,claims, demand

50、s, 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 Con tractor.2. The Contractor shall also be responsible for the payment to third parties of all fees, royalties and other cha

51、rges, 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 Con tractor, the manufactured and supply of the Plant and any work done or method employed in the construction of the Works.However, the Owner shall be responsible for

52、 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 the Contractor to su

53、spend 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 Article2. If the Owner fails to make any payment to the Contractor under this Contract within days of the due

54、date, or if the Con tractor is otherwise interrupted or delayed in the performance of the Works due to the Owner's contractual default, the Con tractor shall be entitled to suspe nd performance of this Contract.3.1nthe event of suspension of the Works inaccordanee with this Article the Contracto

55、r shall be entitled to receive such reas on able 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 performanee of Contract.Article 17-Termi nation1. In the event of suspension

56、in accordance with Article lasting for a period of 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 Con tractor order the Contractor to cease further executi on of the

57、 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 be in course of ere

58、ction. The Con tractor 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 pei forma nee of this Con tract.3. Upon terminatio n of this Con tract un der this Article and under Article, the Contractor shall be ent

59、itled to be paid:a. that part of the Contract price which is proportionate to engineer!ng 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 performanee of its obligations hereof nor be deemed to be in breach of this Contract, if such failure or delay has arisen from'force majeure.12. 'Force Majeure' means c