PLANT CONSTRUCTION CONTRACT

1、英文合同|contract plant;construction;contract编号：ht-xowneuxeyiplant construction contractall legal explanation, the more simple, is also fair law.甲方：_乙方：_签订日期：_word文档 / a4打印 / 可编辑article 1-definitionsthe owner shall mean .the contractor shall mean .the plant shall mean all or any part of the machinery, e

2、quipment andmaterials forming the permanent installation as specified inappendi_.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 to

3、tal sum payable to the contractor by the owner for the works.article 2-contractors 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 successfu

4、l constructionof the plant e_cept those items and facilities to be supplied by the owner under article.3. the contractor shall perform the works in accordance with the schedulein appendi_.4. the contractor shall provide the owners personnel with training of peration and maintenance of the plant in a

5、ccordance with appendi_.5. the contractor shall supply the owner with the spare parts specified in appendi_.6. the contractor shall supply the owner with the maintenance equipment specified in appendi_.article 3-owners responsibilities1. the owner shall make available the site and grant the contract

6、or freeand uninterrupted access thereto throughout the duration of this contract.2. the owner shall provide those items and facilities specified in appendi_at the time therein established.3. the owner will obtain from the relevant authorities those licenses and permits necessary to construct and ope

7、rate the plant on the site including work permit for the contractors 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 f

8、ull 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 e_ecuting he works shall be the risk of the contractor who shall be deemed to have btain

9、ed all information and taken 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 appendi_ _ such drawings as may be required for construction of the p

10、lant 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 in

11、formation 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 othe

12、r than those connected with this 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, e_amine and test the materials a

13、nd workmanship of the plant under construction. such inspection, e_amination or testing if made shall not release the contractor from any obligation under the contract.3. the completed plant shall be inspected, e_amined and tested by the owner,and the contractor shall give the owner reasonable notic

14、e 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 andefficien

15、tly.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 satisfactorilyrectified.article 7-inspection1. the contractor shall provide at t

16、he site to the reasonable satisfaction of the owner all materials, labour, equipment, services and facilities that may be necessary for the proper e_ecution and completion of the works.2. without prejudice to the generality of the above, the contractor shallprovide, as may be necessary, the followin

17、g:a. construction equipment.b. means of transport within the site including temporary roadways.c. fencing, lighting and guarding and all other materials and servicesnecessary for the safety and security of persons and property.d. temporary stores, offices and other buildings or structures for materi

18、alsand persons engaged in the words, including persons employed by the owner.e. telephones, fire-fighting equipment and first-aid equipment until thewhole works have been taken over.f. sanitary and canteen facilities for the use of persons engaged in theworks.3. the contractor shall observe all safe

19、ty and other regulations imposedon the site by local laws.4. the contractor shall at all times keep the owners property and theadjoining premises, driveways and streets free of construction materialsand rubbish caused by the works, and at the completion of the works shallremove all remaining materia

20、ls from and about the premises and shall leavethe site and plant safe, clean and ready for use.article 8-inspection1. the contractor will supply at his own cost food, transprot and all necessaryfacilities for all his own personnel.2. on signing the contract, the contractor shall appoint a project ma

21、nagerwho will represent the contractor at all times be present at the site duringworking hours. all communications issued by the owner to the project managershall be binding as if given to the contractor.3. the owner may request the removal and replacement of any person employedby the contractor on

22、the site if such person is in the owners opinionguilty of misconduct, incompetence or negligence.article 9-inspection1. the contractor shall be responsible for all losses of or damage to theplant before final acceptance, and shall make good al such loss or damageat the cost of the contractor and to

23、the reasonable satisfaction of theowner provided, however, in the case of loss or damage to the plant arisingfrom or occasioned by causes for which the contractor is mot responsibleunder the contract, the same shall be made good by the contractor but atthe cost of the owner, if the owner so directs.

24、2. the contractor shall indemnify the owner in respect of all damage andinjury occurring before the issue of the final acceptance certificate toany property and person and against al l actions, suits, claims, demands, charges and e_penses arising in connection therewith which shall be occasio ned by

25、 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

26、article, the owner shall promptly notify the contractor in writing thereof and the contractor shall at his own e_pense 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 con

27、tractor 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 contractors liabilities the contractor will at his own e_pense take out the following insurance:a. transpo

28、rtation insurance on the machine and equipment from its deliverye_ works to arrival at the site.b. workers compensation insurance for all contractors and subcontractors employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations.c. product liability

29、 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 hi

30、s 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 insurers rights of subrogation against the owner,

31、 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 rene

32、wals 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 o

33、wing to the 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 appendi_ to the satisfaction of the owner.2. on satisfactory completion of such

34、 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 completio

35、n 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-inspection1. following the

36、 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 appendi_ to enable the tests to commence on tim

37、e 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 appendi_ and on their successful completion, the owner shall issue a final acceptance certificate stating that the plant has been taken ove

38、r 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 origina

39、l 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 to the contractor remedying the plant def

40、ects 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 the contractor will be liable to pay to the

41、 owner liquidated damages on the scale set out in appendi_ up to a ma_imum 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 of this contract, he shall be liable to p

42、ay to the owner for each months delay liquidated damages of% of the contract price up to a ma_imum of% of the contract price in accordance with appendi_.3. the contractor shall establish, in favour of the owner, a guarantee for% of the contract price in the form set out in appendi_ in support of his

43、 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 supplied plant against faulty design, material and workm

44、anship.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 contractors representative is on site or withindays if not, to the contractors head office by tele_ r recorded air mail delivery with supporting data. t

45、he 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 an access to the site to inspect the faulty parts at any time and to

46、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 at the contractors e_pense.3. this warranty is given subject to the

47、owner storing, operating and maintaining the plant in accordance with the contractors instructions and specified operating parameters and may be nullified in the event of the owner attempting rectification work without the contractors agreement.4. this warranty does not include items which fail due

48、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 this article shall them apply to said repaired or replaced equipment, mate

49、rials 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 actions,claims, demands, costs, charges and e_penses arising from or incurred by reason of any in

50、fringement 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 parties of all fees, royalties and other charges, if and, that may be payable under the terms of any license or permissi

51、on 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 be responsible for the payment to third parties of all fees, royalties and other charges, if an

52、y, 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 suspend any part or the whole of the works at any time upon giving written noti

53、ce to the contractor provided that any period of suspension e_ceeding days shall be treated as termination under article.2. if the owner fails to make any payment to the contractor under this contract within days of the due date, or if the contractor is otherwise interrupted or delayed in the perfor

54、mance of the works due to the owners 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 this article the contractor shall be entitled to receive such reasonable additional payment as may be neces

55、sary to compensate for the additional costs arising out of such suspension, interruption or delay and such reasonable e_tension of time for performance of contract.article 17-termination1. in the event of suspension in accordance with article lasting for a period of more than days either party shall

56、 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 further e_ecution of the works, and the contractor shall upon receipt of a termination order, cease all furthe

57、r 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 e_ecuted or be in course of erection. the contractor shall, as soon as practicable after receipt of the termination o

58、rder, 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 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-fo