法律合同术语.xls

GeneralGeneral ProvisionsProvisions Contract Contract Agreement Letter of Acceptance Letter of Tender Specification Drawing Sechedule Tender Appendix to Tender Bill of Quantities and Daywork Schedule Party Employer Contractor Engineer Contractor Representative Employer s Personnel Contractor s Personnel Subcontractor DAB Dispute Adjudication Board Base Date Commencement Date Time for Completion Tests on Completion Taking Over Certificate Tests after Completion Defects Notification Period Performance Certificate Accepted Contract Amount Contract Price Cost Final Payment Certificate Final Statement Foreign Currency Interim Payment Certificate Local Currency Payment Certificate Provisional Sum Retention Money Statement Contractor s Equipment Goods Materials Permanent Works Plant Section Temporary Works Contractor s Documents Country Employer s Equipment Force Majeure Performance Security Site Unforeseeable Variation Interpretation Communications Law and Language Priority of Documents the Contract Agreement if any the Letter of Acceptance the Letter of Tender the Particular Conditions these General Conditions the Specification the Drawings and the Schedules and any other documents forming part of the Contract Assignment Care and Supply of Documents Delayed Drawings or Instructions Employer s Use of Contractor s Documents Contractor s Use of Employer s Documents Confidential Details Compliance with Laws Joint and Several Liability GeneralGeneral ConditionsConditions 1 General Provisions Definitions Interpretation Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Delayed Drawings or Instructions Employer s Use of Contractor s Documents Contractor s Use of Employer s Documents Confidental Details Compliance with Laws Joint and Several Liability 2 The Employer Right of Access to the Site Permits Licences or Approvals Employer s Personnel Employer s Financial Arrangements Employer s Claims 3 The Engineer Engineer s Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations 4 The Contractor Contractor s General Obligations Performance Security Contractor s Representative Subcontractors Assignment of Benefit of Subcontract Co operation Setting Out Safety Procedures Quality Assurance Site Data Sufficiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facilities Avoidance of Interference Access Route Transport of Goods Contractor s Equipment Protection of the Environment Electricity Water and Gas Employer s Equipment and Free Issue Material Progress Reports Security of the Site Contractor s Operations on Site Fossils 5 Nominated Subcontractors Definitions of nominated Subcontractor Objection to Nomination Payments to nominated Subcontractors Evidence of Payments 6 Staff and Labour Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facilities for Staff and Labour Health and Safety Contractor s Superintendence Contractor s Personnel Records of Contractor s Personnel and Equipment Disorderly Conduct 7 Plant Materials and Workmanship Manner of Execution Samples Inspection Testing Rejection Remedial Work Ownership of Plant and Materials Royalties 8 Commencement Delays and Suspension Commencement of Works Time for Completion Programme Extension of Time for Completion Delays Caused by Authorities Rates of Progress Delay Damages Suspension of Work Consequences of Suspension Payment for Plant and Materials in Event of Suspension Prolonged Suspension Resumption of Work 9 Tests on Completion Contractor s Obligations Delayed Tests Retesting Failure to Pass Tests on Completion 10 Employer s Taking Over Taing Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement 11 Defects Liability Completion of Outstanding Work and Remedying Defects Cost of Remedying Defects Extension of Defects Notification Period Failure to Remedy Defects Removal of Defective Work Further Tests Right of Access Contractor to Search Performance Certificate Unfulfilled Obligations Clearance of Site 12 Measurement and Evaluation Works to be Measured Method of Measuremnt Evaluation Omissions 13 Variations and Adjustments Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies Provisional Sums Daywork Adjustments for Changes in Legislation Adjustments for Changes in Cost 14 Contract Price and Payment The Contract Price Advance Payment Application for Interim Payment Certificates Schedule of Payments Plant and Materials intended for the Works Issue of Interim Payment Certificates Payment Delayed Payment Payment of Retention Money Statement at Completion Application for Final Payment Certificate Discharge Issue of Final Payment Certificate Cessation of Employer s Liability Currencies of Payment 15 Termination by Employer Notice to Correct Termination by Employer Valuation at Date of Termination Payment after Termination Employer s Entitlement to Termination 16 Suspension and Termination by Contractor Contractor s Entitlement to Suspend Work Termination by Contractor Cessation of Work and Removal of Contractor s Equipment Payment on Termination 17 Risk and Responsibility Indemnities Contractor s Care of the Works Employer s Risks Consequences of Employer s Risks Intellectual and Industrial Property Rights Limitation of Liability 18 Insurance General Requirments for Insurances Insurance for Works and Contractor s Equipment Insurance against injury to Persons and Damage to Property Insurance for Contractor s Personnel 19 Force Majeure Definition of Force Majeure Notice of Force Majeure Duty to Minimise Delay Consequences of Force Majeure Force Majeure Affecting Subcontractor Optional Termination Payment and Release Release from Performance under the Law 20 Claims Disputes and Arbitration Contractor s Claims Appointment of the Dispute Adjudication Board Failure to Agree Dispute Adjudication board Obtaining Dispute Adjudication Board s Decision Amicable Settlement Arbitration Failure to Comply with Dispute Adjudication Board s Decision Expiry of Dispute Adjudication Board s Appointment 合同 合同协议书 中标函 投标函 规格 图纸 资料表 投标书 投标书附录 工程量表和计日工作计划表 当事方 一方 雇主 承包商 工程师 承包商 代表 雇主人员 承包商的人员 分包商 争端裁决委员会 基准日期 开工日期 竣工时间 GeneralGeneral ProvisionsProvisions 竣工试验 接收证书 竣工后试验 缺陷通知期限 履约证书 中标合同金额 合同价格 成本 费用 最终付款证书 最终报表 外币 期中付款证书 当地货币 付款证书 暂列金额 保留金 报表 承包商设备 货物 材料 永久工程 生产设备 分项工程 临时工程 承包商文件 工程所在国 雇主设备 不可抗力 履约担保 现场 不可预见 变更 解释 通信交流 法律和语言 文件优先次序 合同协议书 如果有 中标函 投标函 专用条件 本通用条件 规格 图纸 资料表和构成合同组成部份的其他文件 权益转让 文件的照管和提供 延迟了图纸或指示 雇主使用承包商文件 承包商使用雇主文件 保密事项 遵守法律 共同的和各自的责任 1 一一般般规规定定 定义 解释 通信交流 法律和语言 文件优先次序 合同协议书 权益转让 文件的照管和提供 延迟了图纸或指示 雇主使用承包商的文件 承包商使用雇主的文件 保密事项 遵守法律 共同的和各自的责任 2 雇雇主主 GeneralGeneral ConditionsConditions 现场进入权 许可 执照或批准 雇主人员 雇主的资金安排 雇主的索赔 3 工工程程师师 工程师的任务和权力 由工程师付托 工程师的指示 工程师的替换 确定 4 承承包包商商 承包商的一般义务 履约担保 承包商代表 分包商 分包合同权益的转让 合作 放线 安全程序 质量保证 现场数据 中标合同金额的充分性 不可预见的物质条件 道路通行权和设施 避免干扰 进场通路 货物运输 承包商设备 环境保护 电力 水和燃气 雇主设备和免费供应的材料 进度报告 现场保安 承包商的现场作业 化石 5 指指定定的的分分包包商商 指定的转包商 的定义 反对指定 对指定的分包商付款 付款证据 6 员员工工 员工的雇用 工资标准和劳动条件 为雇主服务的人员 劳动法 工作时间 为员工提供设施 健康和安全 承包商的监督 承包商人员 承包商人员和设备的记录 无序行为 7 植植物物 材材料料和和手手艺艺 实施方法 样品 检验 试验 拒收 修补工作 生产设备和材料的所有权 土地 矿区 使用费 8 开开工工 延延误误和和暂暂停停 工程的开工 竣工时间 进度计划 竣工时间的延长 当局造成的延迟 工程进度 误期损害赔偿费 暂时停工 暂停的结果 暂停时对生产设备和材料的付款 拖长的暂停 复工 9 竣竣工工试试验验 承包商的义务 延误的试验 重新试验 未能通过竣工试验 10 雇雇主主的的接接收收 工程和分项工程的接收 部分工程的接收 对竣工试验的干扰 需要复原的地表 11 缺缺陷陷责责任任 完成扫尾工作和修补缺陷 修补缺陷的费用 缺陷通知期限的延长 未能修补缺陷 移出有缺陷的工程 进一步试验 进入权 承包商调查 履约证书 未履行的义务 现场清理 12 测测量量和和评评估估 需测量的工程 测量方法 估价 删减 13 变变更更和和调调整整 变更权 价值工程 变更程序 以适用货币支付 暂列金额 计日工作 因法律改变的调整 因成本改变的调整 14 合合同同价价格格和和付付款款 合同价格 预付款 期中的付款证书的申请 付款计划表 拟用于工程的生产的设备和材料 期中付款证书的颁发 付款 延误的付款 保留金的支付 竣工报表 最终付款证书的申请 结清证明 最终付款证书的颁发 雇主责任的中止 支付的货币 15 由由雇雇主主终终止止 通知改正 由雇主终止 终止日期时的估价 终止后的付款 雇主终止的权利 16 由由承承包包商商暂暂停停和和终终止止 承包商暂停工作的权利 由承包商终止 停止工作和承包商设备的撤离 终止时的付款 17 风风险险与与职职责责 保障 承包商对工程的照管 雇主的风险 雇主风险的结果 知识产权和工业产权 责任限度 18 保保险险 有关保险的一般要求 工程和承包商设备的保险 人身伤害和财产损害险 承包商人员的保险 19 不不可可抗抗力力 不可抗力的定义 不可抗力的通知 将延误减至最小的义务 不可抗力的后果 不可抗力影响分包商 自主选择终止 付款和解除 根据法律解除履约 20 索索赔赔 争争端端和和仲仲裁裁 承包商的索赔 争端裁决委员会的任命 对争端裁决委员会未能取得一致 取得争端裁决委员会的决定 友好解决 仲裁 未能遵守争端裁决委员会的决定 争端裁决委员会任命期满 The Plant shall mean all or any part of the machinery equipment and materials 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 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 The Contractor shall provide the Owner s personnel with training of operation and maintenance of the Plant in accordance with Appendix The Contractor shall supply the Owner with the spare parts specified in Appendix The Contractor shall supply the Owner with the maintenance equipment specified in Appendix The Owner shall make available the Site and grant the Contractor free and uninterrupted access thereto throughout the duration of this Contract The Owner shall provide those items and facilities specified in Appendix at the time therein established 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 The Owner shall pay the contractor for the Works performed the Contract Price set out in Article 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 The Contract Price is not subject to escalation and the cost of executing the Works shall be the risk of the Contractor who shall be deemed to have obtained all information and taken into account all circumstances which may affect the cost in agreeing the Contract Price The Contractor shall submit to the Owner for approval and review within the 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 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 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 The Contractor shall perform all inspection and testing of the Plant required by law and normal engineering practice 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 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 The Contractor shall provide such assistance labour materials electricity fuels apparatus stores and instruments as may be required and as may be reasonably demanded to carry out such tests by the Owner properly and efficiently 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 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 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 The Contractor will supply at his own cost food transprot and all necessary facilities for all his own personnel 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 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 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 The Contractor shall indemnify the Owner in respect of all damage and injury occurring before the issue of the final acceptance certificate to any property and person and against all actions suits claims demands charges and expenses arising in connection therewith which shall be occasioned by the negligence of the Contractor or any of his sub contractors or by defective design materials or workmanship but not otherwise 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 Without limiting the Contractor s liabilities the Contractor will at his own expense take out the following insurance Transportation insurance on the machine and equipment from its delivery ex works to arrival at the Site 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 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 Comprehensive automobile liability insurance in respect of all vehicles used by the Contractor or his sub contractor in connection with his Contract 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 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 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 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 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 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 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 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 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 a