34.Confirmation of the Project’s Quantity工程量的确认
34.Confirmation of the Project’s Quantity工程量的确认
34.1The Contractor shall present to the Engineers a report with respect to the completed quantity of the Project for the last week before the noon of every Saturday, and the Contractor shall present to the Engineers a report with respect to the completed quantity of the Project for the last month before 25th of each month. The Engineers shall verify the quantity of the completed work according to the Drawings (hereinafter referred to as Quantity Verification) within 7 days after receipt of the report, and notify the Contractor before Quantity Verification; the Contractor shall provide convenience for Quantity Verification and assign staff to participate in Quantity Verification.
34.2If the Engineers fails to conduct the Quantity Verification within 7 days after receiving the Contractor’s report without any justified reason, the quantity listed in the report will be deemed as approved. The verification result will not come into effect if the Engineers does not notify the Contractor at the time as agreed upon which results in the Contractor’s failure of participating in Quantity Verification.
34.3The Engineers shall not verify the quantity of the work which is beyond the scope of the Drawings. The Contractor shall be responsible for the result of such quantity of work.
The Employer shall pay the Contract Price to the Contractor by installments in accordance with stipulations in the Particular Terms.
If,according to the currently applicable laws, the above items are subject to the inspection by the relevant authority, the Contractor’s work shall also pass the relevant inspection by the authority. All the relevant expenses for the inspection made by the 行政ernment have been included in the above-mentioned expenses. The Project must comply with the standards agreed by the Parties and meet the relevant Chinese laws and regulations and the Chinese construction standards, even if they are not specified in the Drawings.
36.Supply of Materials and Equipment材料设备供应
The Contractor shall purchase materials and equipment in accordance with the stipulations of the Particular Terms.
Changes of the Project工程变更
37.Modification of the Design工程设计变更
37.1If the Employer needs to change the original design of the Project in the course of construction, the Employer shall give a 14-day prior written notice for such change to the Contractor. If the change exceeds the standards of the original design or exceeds the approved construction scale, the Employer shall submit the change to the planning authority and other relevant authorities for re-examination and re-approval, and the Designer shall provide corresponding drawings and explanations for such change. The Contractor shall carry out the following required changes in accordance with the change notice that is issued by the TKS Engineer and the Employer’s Representative as well as the relevant requirements
(1)Change elevation, baselines, locations and dimension of the relevant parts of the Project
(2)Increase/decrease the contracted quantity of the Project
(3)Adjust the schedule or order of the construction work related to the Project.
Other works in connection with the change of the Project.
The Employer should bear the increase or decrease of the Contract Price and the Contractor’s losses incurred as a result of such changes, and the delayed Project Period will be extended accordingly.
37.2The Contractor shall not change the original design and the schedule or order of the construction work of the Project during the execution of the Project. Any Expenses and the Employer’s any losses incurred as a result of the Contractor’s unauthorized change as the above shall be borne by the Contractor, and the delayed Project Period will not be extended.
37.3Any rational proposal proposed by the Contractor during the execution of the Project shall be approved by the Engineers if it involves a change in the design drawing, the construction organization plan and the substitution of materials or equipment. If changes or substitutions are made without the approval of the Engineers, the Employer shall have the right to request corrections to be made by the Contractor according to the Contract. The Contractor shall be liable for the Expenses entailed therefrom and shall compensate the Employer for relevant losses, and the delayed Project Period shall not be extended.
38.Other Modifications 其他变更
If the Employer requires any modification to the quality standard of the Project or other essential changes occur during the course of performing the Contract, the Parties shall sign a new supplementary agreement.
39.Confirmation of Changes in the Contract Price
39.1Within 14 days after the changes of the Project are decided, the Contractor shall provide a report on changing the Contract Price, and after confirmation by the Engineers and negotiation with the Employer, adjustment shall be made to the Contract Price. The Contractor must base its price modification on a detailed price change schedule agreed by the Employer.
39.2The increased part of Contract Price confirmed by the Engineers will become the Additional Contract Price. After change of the quantity of the Project is finished and confirmed, the Additional Contract Price will be paid together with next term of progress payment for the Project.
39.3With respect to any change in the Project caused by the Contractor himself, the Contractor shall have no right to claim any Additional Contract Price and it shall assume any negative consequence under the Contract arising therefrom.
Inspection for Completion and Settlement 竣工验收与结算
40.Inspection for Completion 竣工验收
40.1When the Project meets the conditions for the inspection for completion, the Contractor shall present the Employer the full set of materials on the Project’s completion and the report for inspection for completion in accordance with the State regulations with respect to inspection for completion of project. The Contractor must provide 3 sets of as-built drawings within one week before the completion of the Project.
40.2The Employer shall organize with the relevant authorities the inspection according to the relevant State standards and the standards agreed by the both Parties in this Contract and its annexes within 28 days after he receives the report on inspection for completion, and shall grant approval or put forward suggestions on modifications within 14 days after the inspection. The Contractor shall make such required modifications and bear the relevant Expenses required for any modification necessitated by the Contractor.
40.3The report on inspection for completion shall come into effect at the date on which the Employer and relevant authority approves the inspection for completion.
40.4After the report on inspection for completion comes into effect, the date on which the report on inspection for completion is submitted by the Contractor shall be the actual Completion Date. If the Project passes the inspection for completion after modification (once or several times) as required by the Employer, the actual Completion Date shall be the date on which the Contractor submits the request for inspection to the Employer after the last modification of the Project.
40.5The Employer shall take the liabilities for safekeeping the Project and all the accidents starting from the 29th day, if he fails to organize the inspection for completion within 28 days after he receives the report on inspection for completion from the Contractor without any justifiable reason.
40.6When the Employer requires that any item or part of the Project be completed ahead of schedule, both Parties shall enter into a contract on such completion ahead of schedule and specify the obligations of the Parties and the method of paying the project prices of such item or part of the Project.
40.7If the Project has not been inspected for completion or the inspection for completion is not passed, the Employer shall not use the Project; if the Employer insists on using the Project, the Contractor shall be released from its quality warranty obligations on inspection for completion. However, the Contractor’s quality warranty obligations during the quality warranty period under the Contract shall not be released.
40.8When the Project is completed and reaches the requirements of inspection for completion, the Contractor shall report to the Employer for inspection for completion and provide the materials in connection with the inspection for completion. When the Employer deems that the Project has reached the requirements of inspection for completion, he may notify the Contractor in writing to submit the report on inspection for completion. The Contractor shall not refuse to handle the inspection for completion for any reason, otherwise, it will be deemed in default. The Contractor shall pay liquidated damages equaling to 2‰ of the Contract Price for every delayed day, starting from the fourth day after the issuance of the Employer’s notice. Such compensation has no upper limit of amount. If such liquidated damages cannot cover the Employer’s losses, the Employer shall be entitled to claim from the Contractor for compensating its actual losses (including direct and indirect economic losses).
40.9The Contractor shall handover the Project to the Employer on the effective date of the report on inspection for completion. If the Contractor refuse to handover the Project for any reason, it shall be deemed in default and shall assume the liabilities for breach, and the method of calculating the liquidated damages or the actual losses shall be the same as Article 30.8.
41.1The Contractor shall submit to the Employer a completion settlement report and a full set of settlement materials within 7 days after the report on inspection for completion comes into effect.
41.2Within 28 days after receiving the completion settlement report and settlement materials submitted by the Contractor, the Employer shall exam them and grant approval or put forward modification opinions. When the completion settlement report is approved by the Employer, the Employer shall make the payment of the Contract Price to the Contractor in accordance with the payment schedule.
41.3Any disputes between the Employer and the Contractor concerning the settlement of Contract Price at the time of the completion will be settled according to Article 35 hereunder.
42.Quality Warranty 质量保修
32.1 During the quality warranty period, the Contractor shall undertake the quality warranty responsibility for the Project delivered for the Employer’s use in accordance with the laws, administrative regulations or relevant provisions of the State regarding project quality warranty as well as the quality warranty letter concluded by both Parties.
42.2Implementation of the quality warranty work. The Contractor shall sign a quality warranty letter with the Employer at the same time when this Contract is signed, which shall be one of the annexes to the Contract.
42.3Contents of the Quality Warranty Letter mainly include:
(1)Items and scope of the quality warranty.
(2)Quality Warranty Period质量保修期
(3)Liabilities of quality warranty质量保修责任
(4)Payment method of the quality warranty premium质量保修金的支付方法
Breach, Claim and Dispute 违约、索赔和争议
43.1If any of the following occurs, the Employer breaches the Contract:
The Employer fails to make the payment as specified in Article 25.
(2)In case of payment delay, the Employer shall pay a penalty of 0.021% for the delayed payment per day to the contractor.
43.2The Contractor breaches the Contract if any of the following occurs:
As specified in Article14.2, the Project is unable to be completed on the Completion Date as agreed in the Agreement or the extended period as approved by the Engineer due to the reason attributable to the Contractor, the Contractor shall pay liquidated damages of ………….. Yuan RMB to the Employer for each delayed day, which will be deducted form the Contract Price directly. In case any delay exceeds 30 days, the Employer is entitled to terminate this Contract immediately and the Contractor shall pay to the Employer 10% of the Contract Price as liquidated damages.
(2) As specified in Article 15.1, if the quality of the Project does not reach the quality standards as agreed in the Contract due to reasons attributable to the Contractor, the Contractor shall pay to the Employer 10% of the Contract Price as liquidated damages.
(3)If the Contractor fails to cooperate when the Employer organizes the inspection for completion, it shall assume the liabilities for breach in accordance with Article 30.8 of the Contract.
The Contractor is not allowed to sub-contract any part of this Project to any third party without the prior written approval of the Employer, otherwise the Contractor shall pay liquidated damages of 3 million RMB to the Employer, which can be deducted directly from the Contract Price in advance or be paid according to the stipulations in Article 33.3 of these General Terms.
(5)Other situation in which that the Contractor does not perform his obligations or fails to perform his obligations as agreed.
The Contractor shall be responsible for the above breaches, compensate for any loss of the Employer caused by his breaches. The Contractor must complete all the necessary works to ensure the quality of the Project.
In the occurrence of any situations as set out in Article 33.2, the Employer shall have the right to claim the full amount of the guaranteed value under the Bank Performance Guaranty provided by the Contractor as compensation, and if such compensation is not sufficient to cover the above mentioned liquidated damages, the Contractor shall pay the balance to the Employer within the time designated by the Employer.
If the Contractor’s breach results in a loss exceeding all the liquidated damages or compensation as set out in this Article, the Contractor shall further compensate the Employer for the exceeding portion.
43.4If after one Party breaches the Contract, the other Party requests to continue performing the Contract, the breaching Party shall continue to perform the Contract after he undertakes the above mentioned liabilities for breach.
44.1 Except otherwise agreed in writing by the Parties hereto, when one Party claims compensation from the other Party, it shall have justifiable reasons for such claim and valid evidence of the occurrence of the event results in such claim.
44.2If the Employer fails to perform its obligations in the way as agreed on hereunder, or any mistakes or other things for which the Employer shall assume liability occur, resulting in any delay of the Project Period and/or the Contractor’s failure to receive the Contract Price in a timely fashion or other economic losses of the Contractor, the Contractor may claim compensation from the Employer in writing according to the following procedure.
(1)Issue a notice with intent of Claim to the Engineers within 14 days after such event resulting in claim happens.
(2)Within 7 days after issuing the notice with intent of Claim, provide the Engineers with a report of Claim, requiring for extending the Project Period and/or compensating the economic losses, as well as related materials.
(3)The Engineers shall within 28 days after receiving the report of Claim and relevant materials, reply to the Claim or request the Contractor to provide further reason and evidence for the Claim.
34.3 If the Contractor fails to perform his obligations or makes mistakes, resulting in the Employer’s economic losses, the Employer can claim the Contractor for compensation within 28 days.
45.1 If a dispute between both Parties occurs during the performance of the Contract, they shall negotiate to settle such dispute. In case of failure of negotiation, both Parties may settle such dispute in any of the following ways:
Initiating a lawsuit to the People’s Court of competent jurisdiction where the Project hereunder is located.
45.2 After the occurrence of a dispute, the Parties shall continue to perform the Contract, maintain the uninterrupted construction and protect the completed Project except that one of the following situations occurs:
(1)Any unilateral breach results in non feasibility of this Contract, or both Parties agree to stop the construction of the Project.
(2)It is required by the court for stopping the construction of the Project.
46. Sub-Contractor 工程分包
46.1The Contractor can only sub-contract part of the contracted Project after the Employer has approved it, and shall enter into a sub-contract contract with the sub-contractor. The Contractor shall not sub-contract any part of the contracted Project without the Employer’s approval. Steel construction work must be done by the Contractor without any sub-contractors.
46.2The Contractor shall not re-contract the whole constructed Project to others or divide the whole contracted project into parts and then re-contract them to third parties under the name of sub-contract
46.3The subcontracts of the Project will not release the Contractor from any obligations or liabilities. The Contractor shall dispatch relevant management personnel in the site of subcontracting to ensure the performance of this Contract. The Contractor shall be jointly and severally liable for any damages to the Project or other losses to the Employer caused by any breach or negligence of sub-contractors.
46.4 The contract price for sub-contracting project shall be settled by the Contractor and the sub-contractor. Without the consent from the Contractor, the Employer shall not pay any project cost and expenses in any form to the sub-contractor.
47.Force Majeure 不可抗力
47.1The Force Majeure includes explosion and fire explosion caused by war, riot, falling of flying objects or other reasons not attributable to the Employer or the Contractor, and agreed natural disasters (such as storm, snow, flood, earthquake and etc.)
47.2Upon the occurrence of an event of Force Majeure, the Contractor shall immediately notify the Engineers and the Employer’s Representative, and to the extent as possible as much, promptly take the measures to minimize the losses. The Employer shall provide assistance to the Contractor’s measures. Within 48 hours after the event is over, the Contractor shall report to the Employer for the losses and casualties and the estimated Expenses for cleaning and repairing. If the event continues, the Contractor shall report to the Employer for the casualties every seven days and within 14 days after the event is over, the Contractor must provide the Engineers and the Employer’s Representative with a final report on the Expenses for cleaning and repairing and the relevant materials
47.3The Expenses and the delayed Project Period caused by the Force Majeure events shall be afforded by the Parties respectively in accordance with the following methods:
(1)The Employer shall afford the Expenses resulting from the damage to the Project itself.
(2)Each Party shall be responsible for the personal injury of its own personnel and bear the relevant Expenses.
(3)The Contractor shall bear the losses and damages to his own equipment and machinery and the work stoppage arising therefrom.
(4)The Employer shall bear the Expenses of the necessary management and security personnel assigned by the Contractor to remain on the Site at request of the Engineers during the suspension of the Project.
(5)The Employer shall bear the cost of cleaning and repairing of the Project.
(6)Other expenses and losses shall be shared equally by the Parties
（7The delayed Project Period shall be extended.延误的工期相应顺延。
47.4If the Force Majeure event happens after one Party delays performing the Contract, the late performing Party will not be released of the relevant liabilities.
48.1Before the commencement of the Project, the Contractor should purchase all insurances for the Project hereunder, such as, the insurance for the Project and for lives of the Contractor’s own employees and the personnel of any third party in the Site. All insurance fees have already been included in the Contract Price.
48.2The Contractor shall purchase insurance for the materials to be used for the Project and the equipment to be installed which are delivered into the Site, and pay the insurance fees.
48.3The Contractor shall purchase insurance against accidents for the employees who engage in doing dangerous jobs, and cover insurance and pay insurance fees for its own personnel on the Site for their life and properties.
48.4When an insurance accident occurs, both Parties shall do their best to take every measures to prevent or minimize the loss and damage.
39.1The Contractor shall provide the Bank Performance Guarantee to the Employer according to the stipulations of the Particular Terms for performing all his obligations according to the Contract.
50.Patent Technology and Special Know-how 专利技术及特殊工艺
50.1If the Employer requires to use patent technology or special know-how, he shall be responsible for handling the application formalities and undertake the Expenses for application, experiment and uses. If the Contractor requires to use patent technology or special know-how, he shall obtain the consent of the Engineers and shall be responsible for the application formalities and undertake the related Expenses.
50.2If one Party uses the patent technology which results in the infringement on the patent right of any third party, the violator shall undertake corresponding legal and economic liabilities according to law.
51 Underground Obstruction and Cultural Relic 文物和地下障碍物
51.1If in construction cultural relics such as ancient tombs and ancient architectures or fossilized stones or other articles of archeological and geological value are discovered, the Contractor shall protect the spot at once and within four (4) hours of its discovery give the Engineers a written notice to that effect. Within twenty-four (24) hours upon receiving the written notice the Engineers shall report it to the local authorities in charge of cultural relics. Both the Contractor and the Employer shall take necessary measures to have proper protection of the discovered cultural relics in accordance with the requirement of the authorities in charge of cultural relics. The Employer shall undertake the Expenses resulting from it and extend the delayed Project Period.
51.2If either Party conceals the fact of discovery resulting in the damage and destruction of the cultural relics, the violator shall undertake the legal and economic liabilities according to law.
51.3If the Contractor finds any underground obstacle during construction, he shall give a written notice to the Engineers within eight (8) hours and suggest a plan to dispose of it. And within 24 hours upon receiving the plan, the Engineers should either confirm it or suggest an amendment to the plan. The Employer shall undertake the Expenses incurred and extend the Project Period.
If the discovered obstacle underground belongs to any unit or organization, the Employer shall report to the relevant department for coordinated disposition of it.
52Cancellation of the Contract 合同解除
52.1The Contract can be canceled if agreed by both Parties through consultation.
52.2In event that the delayed days of the Project exceed 30 days, the Employer has the right to immediately cancel this Contract, at the same time, the Employer has the right to claim for compensation as stipulated in the Performance Guarantee provided by the Contractor’s bank, and the claim the relevant liabilities for breach in accordance with the Article 33 of General Terms.
52.3Either Party has the right to cancel the Contract if any of the following situations occurs:
The Contract cannot be performed because of the Force Majeure.
52.4When one Party demands to cancel the Contract in accordance with Article 42.2 or 42.3 hereunder, he shall notify the other Party in writing of the cancellation of the Contract and inform the other Party of the cancellation 7 days before the notice is issued. The Contract will be canceled upon the delivery of the notice at the other Party. If there is a dispute on the cancellation of the Contract, it shall be settled in accordance with Article 36 of this Contract which concerns with dispute settlement.
52.5After the cancellation of the Contract, the Contractor shall properly protect and hand over the finished Project and the purchased materials and equipment. The Contractor shall move his own machinery, equipment and personnel from the Site at the Employer’s request. The Employer shall provide necessary conditions for the Contractor’s moving out and bear the Expenses of the moving out, and pay for the finished Project according to the Contract. The Party who orders materials and equipment shall be responsible to return the goods or cancel the orders. The Employer shall be responsible for the payment of the goods that cannot be returned and the Expenses incurred from returning the goods or canceling the purchase orders. If losses occur due to failure of timely return of the goods, the liable Party shall be responsible for such losses. Besides the above, the liable Party shall compensate the other Party for the losses arising out of the cancellation of the Contract.
52.6If the Contract is canceled, the Employer will pay the Contractor for the part of the Project which is completed in accordance with the Contract.
53.Validity and Termination of the Contract 合同生效与终止
53.1Except for the situations as set out in Article 33 hereunder, the Contract will cease to be effective when the Employer and the Contractor perform all the contractual obligations, the Contract Price is paid off and the Contractor hands over the completed Project to the Employer.
53.2 After the termination of the obligations and rights hereunder, both Parties shall follow the principle of good-faith and fulfill the obligations of informing, assisting and confidentiality etc.
54.Transfer of Rights权利转移
If the Contractor’s quality warranty liability expires but the suppliers’ warranty for the materials and equipment purchased by the Contractor has not expired yet, the Contractor must transfer its rights to the suppliers to the Employer free of charge, and notify the suppliers accordingly, otherwise, the Employer has the right to retain 20% of the last installment of the payment of Contract Price as liquidated damages.
54.1The Contract has four original counterparts, among which three are for the Employer. All of them have the same effectiveness.
During the performance of this Contract and thereafter, the Contractor shall not disclose any information in connection with the Employer of which the Contractor becomes aware during the performance of this Contract, including (but not limited to) Drawings, contracts, Contract Price etc. to any other party without the consent of the Employer.
第三部分 项目专项条款Particular Terms
The following Particular Terms are used to supplement the General Terms of the Contract. In case of any discrepancy between the Particular Terms and General Terms, the Particular Terms shall prevail.
56.2The Employer employs . as the Supervisor under this Contract, and agrees that Supervision company appoints as the General Supervision Engineer. With the consent of the Employer, the General Supervision Engineer may authorize other project management personnel of the Supervisor to temporarily represent him, or authorize a part of his authorization and duties to other personnel of the Supervisor. The authorization and duties of the General Supervision Engineer are: be responsible to supervise the quality, progress and safe construction of the Project; verify the completed quantity according to the Contractor’s statement; report any situation that may result in change on the Contract Price or extension of the Project Period to the Engineer and the Employer’s Representative and propose an opinion to dispose of. But the General Supervision Engineer shall have no right to approve any matter for change of the Contract Price, confirmation of the Contract Price or the extension of the Project Period.
56.3The Employer employs to provide consultancy service for the whole process of the Project, including controlling and coordination during the performance of the Contract. The Employer agrees that ______ as an on-the-spot representative to perform authorization and duties at the Site. With the consent of the Employer, the Engineer may authorize other project management personnel of temporarily represent him, or authorize a part of his authorization and duties to other personnel of. The authorization and duties of the Engineer are: be responsible to approve the Contractor’s detailed construction progress schedule and construction plan, supervise and approve the items that may result in change on the Contract Price based on the report of the Contractor and the Supervision Engineer in the course performance of the Contract. The authorization for the Engineer’s approval is limited to RMB ____________. Any issue beyond the approval authorization shall be reported to the Employer for approval.
57.Works to be done by the Contractor承包人的工作
57.2If the Contractor fails to perform his obligations as stated in Article 9.1and 9.3, which causes loss to the Employer, the Contractor shall compensate the relevant losses of the Employer.
The Contractor shall also complete the following works: 承包人也应当完成下列工作：
(1)Purchase and supply the equipment and materials as set out in the Contract for the Project;
(2)Apply, participate and coordinate the inspection in any form from the local authorities;
(3)Manage, supervise his own staff to strictly comply with and perform the Contract;
(4)Comply with and coordinate all the applicable external administration from the local authorities;
(5)Coordinate the works of the entities in connection with the Project’s construction works, such as the entities for power supply, water supply, subcontractors etc.;
(6)Assign a qualified English translator to be permanently at the Site who shall assist in the communication among the Contractor, the Employer and the Engineers. If the Contractor fails to employ such translator or the Employer deems a translator unqualified, the Contractor shall re-assign a new qualified translator within three days after receiving the Employer’s request of replacement. If the Contractor fails to re-assign the translator in time, the Employer may employ a translator and deduct the Expenses for the translator from the payable Contract Price;
(7)Write constructions site dairy daily during the construction work. On every Monday the Contractor must voluntarily present the written book in English and the Chinese version to the TKS Engineer. At the commencement of the Project, the Contractor must present the book to the Engineers.
(8)Provide two sets of updated and detailed drawings in CAD AUTOCAD files for the completed Project, which shall include the specific information for all the equipment and machines installed, such as electric wiring, heating system, sanitation facilities, ventilation system, air-conditions system etc.
提供两套关于已完工工程的更新过的、详尽的、CAD AUTOCAD 文件格式的图纸，图纸应当包括所有已安装的设备和机器的明确信息，诸如电线、采暖系统、卫生设施、通风系统、空调系统等。
58.1Payment Schedule 付款安排
(1)5% of the contracted amount will be paid after the temporary site office, toilet, etc. are set up
(2)10% of the contracted amount will be paid after foundation, concrete are finished and pass the Employer’s approval. The payment shall be made within two weeks after issuance of invoice.
(3)10% of the contracted amount will be paid after steel construction is approved by the Employer. The payment shall be made within two weeks after issuance of invoice.
(4)20% of the contracted amount will be paid after the steel construction (including windows, dock levers, etc) is finished and approved by the Employer. The payment shall be made within two weeks after issuance of invoice.
(5)10% of the contracted amount will be paid after Employer’s approval of the concrete construction (including office building, gate office and annex buildings). The payment shall be made within two weeks after issuance of invoice.
(6)10% of the contracted amount will be paid after Employer’s approval of the floor coating and the ditches. The payment shall be made within two weeks after issuance of invoice.
(7)25% of the contracted amount will be paid after the approval of the building and the exterior site work from the Employer, after the final 行政ernment approval and handover of the project to the Employer. The payment shall be made within two weeks after issuance of invoice.
(8)10% of the contracted amount will be paid 2 year after finishing all remedial action. The balance payment shall be cleared within two weeks after issuance of invoice.
58.2 If, according to the currently applicable laws and regulations, the above items mentioned as payment conditions are subject to the inspection by the relevant authority, the Contractor shall first pass the relevant inspection by the authority before the relevant payment is made. All the relevant expenses for the inspection made by the authority have been included in the above-mentioned fees. The Project must comply with the standards agreed by the Parties and meet the relevant Chinese construction standards according to Chinese laws, even if they are not specified in the design drawings.
59.Supply of Materials and Equipment材料设备供应
Contractor’s Purchase of Materials and Equipment 承包人采购材料设备
59.1 If the Contractor is responsible to purchase materials and equipment, he shall make purchase in accordance with the provisions as set out in the annexes hereto, the design and the relevant standards, provide the product quality certificate and be responsible for the quality of materials and equipment. The Contractor shall inform the Engineers for checking the delivered materials and equipment 24 hours before the delivery. The Engineers shall verify in writing the quality of the delivered materials before they are used and submit his verification to the parties to the Project.
59.2When it is found that the materials or equipment purchased by the Contractor fail to meet the requirement in the design, no matter whether they have been verified by the Engineers, the Contractor shall move such materials or equipment out of the Site pursuant to the time as required by the Engineers, re-purchase products that satisfy the requirements and bear the Expenses entailed therefore, and the delayed Project Period shall not be extended.
59.3Before the materials and equipment purchased by the Contractor are used, the Contractor shall inspect or test the materials and equipment according to the Engineers’ requirements. The unqualified materials and equipment cannot be used for construction, and the Expenses for such inspection and test shall be borne by the Contractor.
59.4Once the Engineers find that materials purchased and used by the Contractor fail to meet the requirements of the design and the standards, he shall ask the Contractor to repair, remove or repurchase. All the Expenses will be borne by the Contractor, and the delayed Project Period shall not be extended.
59.5The Contractor shall obtain the Engineers’ prior approval before he uses substituting materials, for which the increase or deduction of the Contract Price will be decided by the parties in writing.
59.6Both Parties agree that, if in order to guarantee the quality of the Project, the Employer designates the Contractor to purchase the goods of a certain manufacturer, the Contractor shall sign the purchase contracts with the manufacturer, in which the Employer shall be specified as the user of the supplied equipment and materials, cooperate or supervise the supplier to complete the work for the equipment and materials such as installation etc. Before such contracts are signed, the Contractor shall submit them to the Employer for review and obtain the Employer’s written consent on them. The Contractor shall be jointly liable for all the supplier’s obligations under those contracts in respect of installation, quality, repair, safe-sales service, training, technical assistance etc to the Employer.
59.7The Contractor shall be responsible for all the taxation or administration charges in connection with any material or equipment supplied by himself.
59.8It is understand and agreed that, the Contractor or their employees do not try to bribe or actually bribe any in the construction involved persons or companies. Also the Contractor must inform the Employer immediately about any attempted from any company or suppliers to bribe the Contractor or their employees. If the Contractor does not perform this obligation the Employer has the right to fine the Contractor not less than with 50,000 (fifty thousand) RMB, which will be deducted from the next payment of the Contract Price to the Contractor.
60.Modification of the Design 工程设计变更
60.1The Employer has the right to cancel some items of the Project, such as windows, doors etc. The calculation for the reduction on the Contract Price for the cancelled items shall be made in accordance with Article 29 hereunder.
Confirmation of Changes in the Contract Price确定变更价款
60.1 Calculation method for additional work which is not included in the Contract: The work should be charged concerning to the prices in the Tender Documents, with the deduction of discount.
60.2 The amount of the cancelled work shall be deducted from the Contract Price of the Project: The work shall be calculated according to the prices in the Tender Documents, with the deduction of discount.
61.1The Contractor shall provide the Bank Performance Guarantee with a guaranty value of RMB __________ to the Employer for performing all his obligations according to the Contract.
61.2Both Parties hereto agree that, the precondition for the effectiveness of this Contract is the Contractor’s obtaining of a Performance Guarantee issued by the bank to the Employer. The Contractor shall obtain an irrevocable and unconditional Bank Performance Guarantee within ten (10) working days after signing the Contract, whereby. In event of failure of obtaining the Bank Performance Guarantee, this Contract shall not become effective.
62.Cancellation of the Contract合同解除
62.1 The Employer has also the right, when the quality of the construction hereunder is not to the full satisfaction of the Employer, to cancel the Contract with out any compensation of the remaining work or for any lost profit of the Contractor. The Contractor shall deliver a complete documentation about all work and equipment which is done or installed and the date of the cancellation from the Contract, and properly deliver the completed Project to the Employer.
EMPLOYER:发包人： （STAMP） （盖章）
AUTHORIZED REPRESENTATIVE ( SIGNATURE )授权代表：（签字）
CONTRACTOR: .承包方： （STAMP） （盖章）
AUTHORIZED REPRESENTATIVE: (SIGNATURE )授权代表：（签字）