工程名称： Project name:
工程名称： Project name:
发 包 人（甲方）： Client: (Party A)
承 包 人（乙方）： Contractor: (Party B)
日 期： Date:
This Contract is entered by and between client (hereinafter referred to as Party A) and. Contractor (hereinafter referred to as Party B) regarding the terms and conditions of this construction of plant reconstruction upon the unanimous agreement between the parties hereto in the principles of equality, free will, fairness and good faith.
一、工程概况 Project name & location:
工程名称：Project name: construction of plant reconstruction 厂房内部改造工程
二、工程承包范围 Project scope:
Reconstruction of the plant (incl. foundation, partition, steel structure, utilities installation, ventilation, fire safety facilities and decoration, etc.)
合同工期总日历天数： 130日历天。Totally lasting 130 calendar days.
工程质量标准：合格The quality of the completed project shall be acceptable.
五、合同价款Contract value (in RMB)
金额（大写）：___（人民币） ￥：___ __元
Yuan, i.e., RMB (in words)
六、组成合同的文件. Contract documents:
组成本合同的文件包括：The Contract consists of the following documents:
（1）本合同协议书 Agreement of this Contract
（2）投标书及其附件 Bidding document and addendum
（3）本合同条款 Terms of this Contract
Applicable standards, codes and relevant technical documents
（6）工程报价单或预算书 Quotation or budget, and
Other written agreements upon consultation or change, etc. of the project or other materials that are regarded hereby as essential for the integrity of this Contract.
The definitions herein shall be the same as in the Contract.
Party B commits to Party A to carry out and complete the construction as per the agreements herein and undertake the responsibility of warranty within the warranty period.
Party A commits to Party B to pay the contract value and other payables in accordance with the methods and terms set forth hereunder.
十、词语定义及合同文件 Definitions and contract documents:
Unless otherwise specified, the following definitions shall apply:
Terms and conditions: any term or condition generally applicable to building construction esbalished under laws and administrative regulations in terms of the overall construction works or article that is agreed between the client and the contractor in accordance with laws and administrative regulations, combined with specific jobs or any specification, supplement or amendment to the article.
Party A: the party specified in the agreement, who is qualified to issue a project and has the ability to pay for the project value, and the legal successor of such party.
Party B: the party specified in the agreement, who is accepted by Party A as having the qualifications to contract the construction project, and the legal successor of such party.
Party B’s representative: representative appointed by Party B in the clause to be responsible for the construction management and contract performance.
Design company: the unit, who has obtained the adequate qualifications to undertake the design for the construction project, entrusted by Party A to be responsible for the design of the construction project.
Party A’s representative: chief supervision engineer appointed by the supervision enterprise of the project as the representative of Party A or representative appointed by Party A to perform the contract, whose capacity and authority shall be specified in the clause hereunder.
Cost management institution: State Council related department, construction administration department of people’s government at or above the county level or cost management institution entrusted by the aforesaid two kinds of organizations.
Project: the project within the contract scope agreed in the agreement by Party A and Party B.
Contract value: the payment specified in the agreement that Party A uses to pay Party B if Party B completes the contracted project in accordance with the contract and undertakes the quality warranty thereof.
Additional contract value: any amount of payment to be increased as a result of any occurrence during the contract performance that makes it necessary to increase the payment, whose amount is calculated in the same way as calculating the origincal contract value by Party A.
Expense: any economic expenditure to be borne by Party A or Party B that is not included in the contract value.
Construction period: the total number of days of construction counted in calendar days, including statutory holidays, agreed by both parties in the agreement.
Commencing date: the date, absolute or relative, on which Party B starts the stipulated construction agreed by both parties in the agreement.
Completion date: the date, absolute or relative, on which Party B completes the stipulated construction agreed by both parties in the agreement.
Drawing: all drawings provided by Party A, or drawings provided by Party B and approved by Party A, to meet Party B’s needs in construction, including the specifications and relevant data.
Site: places provided by Party A where the construction is to be executed and any other places specified by Party A in the drawings as may be used for construction.
“Written” or “in writing”: the form that can show its content visible, e.g., contract, letter, type-written, printed or electronically made (incl. but not limited to telegraph, fax, electronic data transmission or e-mail, etc.).
Default liability: liability for the default party to assume due to its failure to perform the obligatory duties or the performance is substandard.
Claim: request by a party against the other party for any economic remedy and/or postpone of construction progress to cover any actual loss caused by the default of the other party, where the requesting party has no fault during ther performance of the contract.
Force majeure: all force majeure unless otherwise specified in the agreement, such as natural disasters resulting in construction damage or postponement of progress, including but not limited riot, missle, bombard, fire, typhoon, flood, earthquake.
Hour or day: When an event is calculated by hour, it shall be calculated upon the start of the event (including the any break); when calculated by day, it shall be started from the second day and the first day shall not be counted. In case the last day of a deadline is a weekend or other statutory holiday, the deadline shall postpone automatically to the following day when the statutory holiday ends, excluding the completion date. The last deadline day shall include the 24th hour of the day.
Agreement: any term of agreement in the construction contract concluced by Party A and Party B upon negotiation.
十一、合同文件及解释顺序 Contract documents and priorities
The contract documents shall be inter-understandable and supportive. Unless otherwise specified by any Contract clause, the contract documents shall include and take their priorities in the following order:
（1）本合同 this Contract
（2）投标书及其附件 Bidding document and other addendums
（3）本合同条款 Contract clause
（4）标准、规范及有关技术文件 Standards, codes and relevant technical documents
（6）工程报价单或预算书 Project quotation or budget
Other written agreements upon consultation or change, etc. of the project or other materials that are regarded hereby as essential for the integrity of this Contract.
2. In case there is any confusion or inconsistency in the clauses herein, both parties shall negotiate for agreement without affecting the normal progress of the project. Both parties may also resort to the third party supervisor for judgment. In case these efforts fail and no agreement is reached, Item (3) of Article Twenty-one herein shall apply for the settlement of disputes.
3.语言文字和适用法律、标准及规范 Language, applicable laws, standards and codes
The Contract shall be prepared, interpreted and understood in both Chinese and English and Chinese shall always prevail in the interpretation and understanding.
3.2适用法律和法规 Applicable laws and regulations
The national laws and administrative regulations shall apply to this Contract. Both parties will specify the applicable laws and administrative regulation in the Contract.
3.3适用标准、规范 Applicable standards and codes
Both parties shall specify the name of the applicable standards and codes in the Contract; where the national standards and codes are absent, the industrial standards and codes shall apply and their names be specified herein; where the national and industrial standards and codes are absent, the local standards and codes shall apply and their names be specified herein. Party A shall provide the agreed standards and codes in duplicate to Party B on time as stipulated in the pertinent clause of the Contract.
When there is not corresponding standards and codes in China regarding a certain issue, Party A shall provide the technical requirements on the construction timely as stipulated in the Contract and Party B shall prepare the construction process according to the time and other requirements by Party A, and submit to Party A for approval, and implement such process if approved. In case Party A requires to apply any foreign standards and codes, Party A shall provide the Chinese translations of such standards and codes.
Party A shall bear the expenses on any acquisition and translation of the standards and codes and the preparation of construction process incurred under this clause.
Party A shall provide drawings to Party B as per the date and number of sets stipulated herein. In case Party B needs more sets of drawings, Party A shall copy for Party B at Party B’s cost. Party A shall specify its confidentiality requirement in the Contract, if any, and the expenses on keeping the confidentiality of the relevant information shall be borne by Party A. Party B shall perform its duties of confidentiality within the stipulated period of confidentiality.
Party B shall keep a complete set of drawings on the construction site for Party A’s representative and other relevant personnel’s reference.
十二、双方一般权利和义务Rights and obligations
1.Party A’s representative shall perform the following obligations:
Party A’s representative may appoint a managerial person to exercise part of his rights or perform part of his duties, which can be revoked at any time as deemed necessary. Party B shall be notified by writing in 3 days upon such revocation.
Party A’s representative’s instructions. Any reply or order shall be personally signed by Party A’s authorized representative, of which, a photocopy shall be provided to Party B’s representative, who shall upon the receipt sign and specify the date of receipt and provide a return receipt to Party A’s representative. When necessary, Party A’s representative may also issue a veral order, however must be confirmed in writing within 48 hours and Party B shall perform such order. In case no written confirmation is given in 48 hours, Party B’s representative may issue a written request for written confirmation. In case no written confirmation or revocation is given by Party A’s representative, it shall be regarded that the verbal order is confirmed and shall be executed. If Party B’s representative deems it unreasonable, within 24 hours upon the receipt of the order, he/she can issue a written notice to Party A stating the reasons supporting his/her point of view, and Party A’s representative shall give a reply within 24 hours upon receiving Party B’s notice to decide whether to carry on or revocate the order and notify Party B of the final decision in writing. In case of emergency where Party A’s representative requires immediate executionor Party A’s representative insists on his/her order regardless of Party B’s dissent, Party B shall follow Party A’s order. In case any additional contract value or loss to Party B is caused due to inappropriate order, Party A shall take the responsibility and allow postponement of construction progress, if the progress is delayed thereby.
Party A’s representative shall provide necessary orders, confirmation and drawings to Party B in accordance with the terms of the contract.
Party A’s representative, if replaced, shall be notified to Party B with a 3-day prior written notice.
Party A’s representative shall provide necessary orders, approval and perform other obligatory duties. In case the construction progress is delaed due to te default of Party A’s representative, Party A shall assume the additional contract value arising therefrom, if any, indemnify Party B from any relevant loss, and postpone the constructon progress accordingly.
Party B’s representative (project manager) shall be responsible for the construction on site and perform the following Party B’s obligations as stipulated below:
Party B shall appoint and delegate a representative that is accepted by Party A to execute its powers.
Party B’s representative shall guarantee all the constructors involved are qualified and competent for the job. In case Party A deems anyone not qualified or competent and requests replacement, Party B’s representative shall replace promptly.
Party B’s representative shall organize the construction in accordance with the construction design program (construction plan) approved by Party A and the orders issued by Party A’s representative under the Contract. In case of emergency where Party A’s representative cannot be reached, Party B’s representative shall take emergency measures to safeguard the human, project and property safety and submit a report to Party A’s representative within 48 hours after taking such measures. In case such emergency is due to the default of Party A or any third party, Party A shall assume any additional contract value arising in relation thereof, and postpone the construction progress; if it is Party B’s default, Party B shall assume the cost and the construction progress shall not be postponed.
Party B’s change of representative shall be notified to Party A with at least a 7-day prior written notice and subject to Party A’s approval. The successor representative of Party B shall continue to exercise the authorities and perform the obligations agreed hereunder as the predecessor.
Party B’s advice, request or notice, if any, shall be made in writing and signed by Party B’s representative before submission to Party A’s representative and shall only be executed upon the signature of Party A’s representative.
3.甲方工作. Party A’s obligations:
Party A shall finish the following job as per the agreement:
To route the water, power, sewage, drainage and communication circuit required for construction to the agreed places to meet the need during the construction period;
To arrange the original paths of the plant area as the traffic road for construction relation transportation and to keep the clearness of the paths during the construction period;
To provide data of engeering geology and underground pipeline of the construction site and to be responsible for the accuracy and legitimacy of the data;
To cooperate with Party B to apply for the construction permit;
To identify the reference point and control-point coordinates and submit to Party B in writing for on-site verification;
To call drawing review and design finalization with Party B and design company;
To designate the locations of Party B’s provisional facilities and provide the access to sewage system;
To provide five sets of construction drawings and three sets of as-built drawings.
In case any delay of construction progress or loss to Party B is caused by Party A’s default, Party A shall indemnified Party B and postpone the construction progress accordingly.
Party A shall give assistance to Party B for overwork due to technological requirements during the construction period.
4.乙方工作 Party B’s obligations:
Party B shall finish the following job as per the agreement:
To construct as per the construction drawings provided by Party A’s representative and prepare the as-built drawings;
To provide construction progress and payment schedule to Party A’s representative;
To apron the construction area and keep the active plant area clean and from the impact of the construction;
To protect the completed part of the project as per the agreement before submitting to PartyA for final inspection; in case any damage occurs during the protection, Party B shall repair to resume it at its own cost; for the part that need special protection and the corresponding additional contract value, both parties shall agree in the contract;
To protect the underground pipelines, nearby structures and architectures as per the contract;
To construct onsite kitchen to feed Party B’s employees, if possible, and not allow the employees to stay over on site;
To educate Party B’s employees on the awareness of civilized construction and not affecting the peripheral environment and to preven theft from happening;
To implement relevant standards in the spirit of the contract and perform all the work indicated by the drawings to ensure the construction quality up to the final inspection standards.
十三、施工组织设计和工期Construction design program and construction period
1.进度计划 Progress schedule
1.1Party B shall raise advice on amendments to the construction design program and progress schedule to Party A as per the agreement, if any; if no request for amendment is made as of the stipulated deadline, it shall be regarded Party B has agreed on the construction design program and progress schedule.
Party B shall organize for construction as per the progress schedule approved by Party A’s representative and accept the inspection and supervision of Party A’s representative; in case of any discrepancy between the actual progress and the approved progress schedule, Party B shall propose remedy measures as per the requirement of Party A’s representative an implement such measures if approved. In case the discrepancy is caused by Party B, Party B shall have not right to charge any additional contract value regarding the remedy measures taken.
2.开工及延期开工. Commencement and postponement of commencement
2.1Party B shall commence the construction as per the agreement. In case the commencement cannot be on time, the commencement shall not be later than 7 days than the agreed date and the postponement shall be explained to Party A’s representative and requested in writing, who shall give a written reply to Party B within 48 hours upon receipt. In case no reply is made within 48 hours, it shall be regarded Party A’s representative has agreed on the postponement and the progress schedule shall be postponed accordingly. If Party A’s representative does not agree on the postponement or Party B fails to submit a request for postponement within the stipulated period, the construction period shall not be postponed.
In case the postponement is caused by Party A, Party A’s representative shall issue a written notice to Party B to postpone the commencement. In case any loss is caused to Party B therefrom, the loss shall be covered by Party A and the construction period shall be postponed accordingly.
3.暂停施工 Susn of construction
When Party A’s representative deems it necessary to suspend the construction, he/she shall give a written notice to Party B and give handling suggestions in writing within 48 hours. Party B shall follow Party A’s representative’s demand to suspend the construction and protect the part already completed. After implemting the handling suggestions of Party A’s representative, Party B may request for construction resumption in writing, to which Party A’s representative shall reply with 48 hours. In case no handling suggestions or reply to Party B’s request for resumption is given in 48 hours, Party B may resume work. For any susn caused by Party A’s fault, Party A’s representative shall assume the corresponding additional contract value and indemnify Party B for losses, if any, and postpone the construction period; if it is Party B’s default, Party B shall assume the cost and the construction progress shall not be postponed.
4.工期延误. Delay of construction progress
In case of any delay of construction progress due to the following reasons upon the confirmation of Party A’s representative, the construction progress shall be postponed accordingly:
Party A fails to furnish the drawings and commencement conditions as agreed;
Party A fails to make the prepayment and progress payment as agreed and hampers the normal progress of the construction;
Party A’s representative fails to provide any essential order, approval as agreed and hampers the normal progress of the construction;
（4）设计变更和工程量增加； Design changes or project quantity increases;
Power, water or gas cutoff not as a result of Party B’s fault exceeds 8 hours accumulatively within a single week;
（6）不可抗力； Force majeure;
Other cases that allow postponement of construction progress as agreed or allowed by Party A’s representative.
Party B shall report to Party A’s representative the days of postponement due to the reasons specified in 4.1 in Article Thirteen within 14 days. In case no reply is given by Party A’s representative within 14 days upon receipt of the report, it shall be regarded the request for postponement is approved.
Party B shall complete the project as per the date stipulated in the agreement or otherwise approved by Party A’s representative for postponement.
In case Party B fails to complete the project as per the date stipulated in the agreement or otherwise approved by Party A’s representative for postponement, Party B shall assume the default liabilities.
In case Party A needs advanced completion, a separate advanced completion agreement shall be concluded between both parties upon mutual consultation as an integral part hereof. The advanced completion agreement shall include the measures taken by Party B to ensure the project quality and safety, conditions furnished by Party A to facilitate the advanced completion as well as additional contract value for advanced completion, etc.
十四、质量与检验Quality and inspection
1.工程质量 Project quality
1.1The project quality shall meet the quality standards agreed in the agreements and the appraisal of the quality standards shall be based on the national or industrial quality criteria. In case the quality fails the standard as agreed, Party B shall assume the default liabilities.
When both parties have disputes over the project quality, it shall be accredited by a project quality testing body agreed by both parties and the loss incurred in relation hereof shall be borne by the responsible party. In case both parties are responsible, the loss shall be proportioned accordingly.
2.检查和返工 Inspection and rework
Party B shall closely observe the standards, codes and the requirements of the design drawings as well as the orders issued by Party A’s representative under the contract; besides, Party B shall accept and facilitate the inspection by Party A’s representative at any time.
Party A’s representative shall be entitled to request for removal and rework for part substandard until the part meets the standards. In case the quality problem is caused by Party B’s default, Party B shall bear the cost of such removal and rework without changing the construction progress.
The inspection by Party A’s representative shall not affect the normal progress of the construction. In case the normal progress is affected and the project is found unacceptable by Party A’s representative, Party B shall be liable for such impact. Otherwise, Party A shall be responsible for any additional contract value arising herefrom and postpone the construction period accordingly.
Party A shall be responsible for any additional contract value arising from inappropriate order or other reason not for Party B’s default.
3.隐蔽工程和中间验收. Concealed work and in-process inspection
When the concealed work is finished or any part as agreed is ready for in-process inspection, Party B shall first carry out self inspection and then notify Party A’s representative for concealed or in-process inspection with a 24-hour prior written notice. The notice shall specify the content of the concealed work and in-process inspection, the inspection time and place. Party B shall prepare the insepction record, on which, if the inspection result turns out acceptable, Party A’s representative shall sign in acknowledgement and Party B may conceal and continue the construction. Otherwise, Party B shall modify within the deadline prescribed by Party A’s representative for re-inspection.
When Party A’s representative cannot perform the inspection on time, he/she shall issue a written notice to Party B 24 hours in advance and request for postponement, which shall not exceed 24 hours. Otherwise, Party B can organize for inspection at its own discretion and Party A’s representative shall accept the inspection record.
In case the project quality is approved by Party A’s representative as up to applicable standards, codes and design drawings, etc., but he/she fails to sign in acknowledgement of the inspection records within 24 hours, it shall be regarded Party A’s representative has approved such record and Party B may start to conceal and continue the construction.
Whether Party A’s representative performs the inspection or not, when he/she intends to re-inspect the project already concealed, Party B shall peel off or open the concealed part for the re-inspection by Party A’s representative and resumes it after the inspection. If the project quality turns out acceptable, Party A shall assume the additional contract value in relation herewith, indemnify Party B for losses arising herefrom and extend the construction period accordingly. However, if the project is found unacceptable, Party B shall assume all the expense incurred thereby without changing the construction progress.
Where commissioning is required, the scope of commissioning shall be consistent with the installation contracted by Party B.
When the equipment installation project meets the commissioning conditions for load-free operation of a single equipment, Party B shall organize for commissioning and notify Party A’s representative in writing 48 hours in writing, which shall include the scope, time and place of commissioning. Party B shall prepare the commissioning record and Party A shall furnish necessary conditions for commissioning upon Party B’s request. If the commissioning result is acceptable, Party A’s representative shall sign on the commissioning record.
In case Party A’s representative cannot attend the commissioning on time, he/she shall notify Party B with a 24-hour prior written notice and request for postponement. If he/she does not attend the commissioning, it shall be regarded the commissioning record is accepted.
When the equipment installation project meets the commissioning conditions for load-free operation of several equipments, Party A shall organize for commissioning and notify Party B in writing 48 hours in writing, which shall include the scope, time and place of commissioning and requirements on Party B. Party B shall prepare for the commissioning accordingly. If the commissioning result is acceptable, both parties shall sign on the commissioning record.
In case the commissioning is failed due to the design, Party A shall request the design company to modify the design and Party B shall reinstall in accordance with the modified design, with all expenses caused by the design modification, removal and rework as well as the additional contract value assumed by Party A; besides, the construction period shall also be extended accordingly.
In case the commissioning is failed due to the manufacture of any equipment, the procuring party of the equipment shall be responsible for reprocurement or repair, and Party B shall be responsible to remove and reinstall at the cost of the responsible party. If the equipment is procured by Party B, Party B shall be responsible for all the expenses on repair, reprocurement, removal and reinstallation without changing the construction period; If the equipment is procured by Party A, Party A shall be responsible for all the expenses as mentioned and extend the construction period accordingly.
In case the commissioning is failed due to Party B’s construction, Party B shall reinstall and organize for re-commissioning upon the request of Party A’s representative and assume all the expenses on reinstallation and re-commissioning without changing the construction period.
Unless the re-commissioning cost is covered by the contract value or is otherwise specified, it shall be assumed by Party A.
In case the commissioning is acceptable but Party A’s representative does not sign on the commissioning record within 24 hours after the commissioning, it shall be regarded the commissioning record is accepted by Party A’s representative and Party B may continue the construction and carry out the completion procedures.
Party A shall be responsible for the feed-test after the final inspection of the project. In case Party A requests to perform feed-test before the final inspection or needs Party B’s assistance in the test, both parties shall enter a supplemental agreement separately upon Party B’s consent.
十五、安全施工 Safe construction
1.安全施工与检查. Safe construction and inspection
Party B shall observe the pertinent management rules in relation with safe production of construction, strictly organize the construction according to the safety standards, accept and facilitate the lawful inspection and supervision by safety inspectors, take necessary safety protection measures and eliminate any potential safety threats. Party B shall assume any consequence and expenses resulting from Party B’s failure in safety measures, if any.
Party A shall educate its staff in the construction site on safety and be responsible for their safety. Party A shall not request Party B to carry out any construction activity against the safety rules. Party B shall be liable for all consequences and expenses in relation with safety accidents resulting from Party B’s default.
2.安全防护 Safety protection
When Party B works near any power equipment, transmission line, underground pipeline, enclosed workshop, inflammable and explosive segment or traffic artery, Party B shall request to Party A’s representative for safety protection measures, which, upon the approval by Party A’s representative, shall be implemented at Party A’s cost.
In case of any blasting operation, operation (storage, transportation or use) in radioactive, toxic environment, or construction with any toxic or caustic substance, Party B shall notify Party A’s representative in writing with a 14-day prior notice and request for corresponding safety protection measures, which, upon the approval by Party A’s representative, shall be implemented at Party A’s cost.
3.事故处理 Handling of accidents
In case of accidents that cause serious bodily injuries or death or other safety accidents, Party B shall immediately report to the competent authority as stipulated and notify Party A’s representative, request for government instructions to handle the accident, with the expenses in relation herewith borne by the responsible party.
In case of any dispute over the responsibility to the accident, it shall be judged by the competent government authority and handled accordingly.
十六、合同价款与支付Contract value and payment
1.合同价款及调整. Contract value and adjustment
In case of any price adjustment, quantity change, etc. incurred during the construction, it shall be approved by the representatives of both parties and be adjusted upon the settlement.
In case the construction is inconsistent with the drawings, the expense incurred shall be approved by the representatives of both parties and be adjusted upon the settlement.
The contract value in a price-adjustable contract can also be adjusted in the following cases:
When it is affected by the change of any laws, administrative regulations and national policies;
There is a public price adjustment announced by the cost management authority;
Power, water or gas cutoff not as a result of Party B’s fault exceeds 8 hours accumulatively within a single week;
（4）双方约定的其他因素。 Other cases agreed by both parties.
2.工程量的确认 Confirmation of bill of quantity (BOQ)
Party B shall report to Party A’s representative on the bill of quantity already completed at the time agreed in the contract, upon the receipt of which, Party A’s representative shall verify the actually completed quantity (hereinafter referred to as BOQ measurement) against the design drawings within 3 days and notify Party B 24 hours in advance, who shall facilitate the BOQ measurement and send a person to attend the BOQ measurement. If Party B does not attend upon the receipt, the measurement shall take effect automatically as the basis of the payment for the project.
On the other hand, if Party A’s representative fails to carry out BOQ measurement within 3 days upon receiving Party B’s report, the BOQ specified in Party B’s report shall be regarded effective as the basis of the payment for the project. If Party A’s representative fails to notify Party B to attend the BOQ measurement on time as agreed, which results in Party B’s inability to attend, the measurement shall be invalid.
For any BOQ exceeding the scope of the design drawings and BOQ of rework due to Party B’s default, Party A’s representative shall not consider in the measurement.
3.工程款（进度款）支付Payment term (progress payment)
Prepayment: Within 7 calendar days following the signing of the Contract, Party A shall make a prepayment of 20% of the total Contract value and Party B shall enter Party B’s construction site within 3 days upon receipt of the prepayment;
Within 7 calendar days upon the completion of the foundation reconstruction, Party A shall pay another 15% of the total Contract value;
Upon the completion of the main steel structure (excluding the roof), Party A shall pay another 10% of the total Contract value;
Upon the completion of the airconditioning, fire prevention and ventilation facilities in the mix room, Party A shall pay another 20% of the total Contract value;
Upon the completion of the ceiling and partition, Party A shall pay another 15% of the total Contract value; upon the completion of doors and windows, paintwork and the final inspection, Party A shall pay another 15% of the total Contract value;
Performance security: The outstanding part after the payments already made deducted from the total Contract value shall be the performance security. The Deposit money shall be paid within 7 calendar days upon the expiry of the warranty period, which is 30 calendar days upon the final inspection;
In case the payment is after schedule, Party B shall have the right to suspend the construction and Party A shall make compensation accordingly.
十七、材料设备供应 Material and equipment provision
1.甲方供应材料设备 Materials and equipments supplied by Party A
For materials and equipments decided by Party A, in case Party B has difficulty in soucing in China, Party A shall be responsible for the procurement (including installation) and Party B shall collect custody fee.
2.乙方采购材料设备Materials and equipments supplied by Party B
Where Party B is responsible to source the materials and equipments, such sourcing shall be carried out in accordance with the agreements and design in the Contract as well as the applicable standards and requirements with relevant certificates of conformity of the materials and equipments and Party B shall be responsible for their quality. Party B shall inform Party A to check the materials and equipments within 24 hours prior to their arrival.
When the materials and equipments sourced by Party B does not conform to the design standards or requirements, Party B shall remove the materials and equipments from the construction site within the deadline given by Party A and re-procure products up to standards and bear all the expenses incurred therefrom. However, the schedule of construction progress shall not be postponed.
Party B shall test or inspect the materials and equipments it procured at its own cost before putting them into use; Party B shall not use any materials and equipments substandard.
In case Party A finds Party B procures and uses materials and equipments substandard or do not meet the design requirements, Party A shall request Party B to restore, remove or re-procure at Party B’s cost. However, the schedule of construction progress shall not be postponed.
In case Party B needs to use any substitute materials, it shall be prior approved by Party A and any change of contract value arising therefrom shall be negotiated and agreed by both parties in writing.
For materials and equipments procured by Party B, Party A shall not appoint any manufacturer or supplier.
1.工程设计变更 Change of design
Any change to the original design shall be approved by Party A.
In case the change exceeds the scope of the original design standard, the change shall be approved by the original design company and Party A’s planning department to acquire the best investment and material
The change shall be audited by the original design company for precise drawings or instructions; in case Party A initiates the change, Party A shall issue a notice to Party B after obtaining the above approvals and Party B shall adjust to the change legitimately. Otherwise, Party B shall have the right to recline the change.
Upon both parties’ approval on the change, Party B shall make the following changes as per Party A’s requirement:
To increase or decrease the bill of quantity as per the Contract requirement;
To change the relevant quality, technical requirements, etc.
To change the levelness, baselines, position and dimension;
To increase or decrease the bill of quantity as per the requirement;
To change the construction time and order.
Party A shall be liable to cover all the expenses and losses incurred by the changes mentioned above, if any, and if the progress is affected, the completion date shall be postponed correspondingly.
2.确定变更价款Change of contract value
In case of change or considerations, the contract value and the completion date shall be adjusted accordingly.
十九、竣工验收与结算Completion inspection and settlement
1.竣工验收. Completion inspection
When the project is ready for completion inspection, Party A shall prepare and provide the complete completion material and completion inspection report to Party A according to the applicable national rules in regard to the final inspection of project. In case both parties agree that Party B shall provide one complete set of as-built drawings, the date and quantity of such provision shall be stated clearly in the contract.
Party A shall organize relevant parties for inspection within 3 days upon receipt of the completion report and accept or issue any modification requirements within 3 days upon the inspection. Party B shall modify accordingly and assume the expenses of such modification for the part of its own default.
In case Party A fails to organize for inspection within 3 days upon receipt of the completion report or issue any modification requirements within 3 days upon the inspection, it shall be regarded the completion report is accepted.
When the completion inspection is passed, the date Party B delivers the completion inspection report shall be regarded as the actual completion date. When the completion inspection is passed after modification as per Party A’s requirement, the date on which Party B requests Party A for completion inspection shall be the actual completion date.
In case Party A fails to organize for inspection within 3 days upon receipt of the completion report, Party A shall be responsible for the project custody and all accidents from the 4th day.
For the inspection of in-process concealed work, Party B shall notify Party A 24 hours in advance; in case Party A fails to carry out the in-process inspection within the stipulated time, it shall be regarded the relevant part is ready for concealment.
Party A shall not use the project, if it fails the final inspection or the final inspection is not carried out. However, if Party A insists on using it in spite thereof, Party A shall be independently for any quality problem or other issues incurred therefrom.
2.竣工结算 Completion settlement
Within 7 days upon the Party A’s approval on the completion inspection report, Party B shall deliver a completion settlement report and complete settlement materials to Party A and both parties shall settle the payment based on the agreed contract value and as per the adjustment conditions stipulated in the contract.
Party A shall verify the completion settlement report and complete settlement materials delivered by Party B within 7 days upon the receipt of them, confirm or raise any modification requirement. After Party A’s approval, Party A shall notify its bank to pay the settlement payent to Party B. Party B shall deliver the completed project to Party A within 7 days upon receiving the settlement payent.
In case Party A fails to make settlement payment within 21 days upon the receipt of the completion settlement report and complete settlement materials, Party B may urge Party A to make the payment. In case Party A still does not pay within 7 days upon the urge, Party A shall pay the interest for the receivable payment at an interest rate of 3%.
3.质量保修 Warranty liability
Party B shall provide quality warranty within the warranty period on the project delivered to Party A as per the petinent laws, administrative regulations or relevant national provisions.
Implementation of quality warranty. Party B shall conclude quality warranty agreement with Party A prior to the completion inspection of the project as an addendum hereto.
3.3质量保修书的主要内容包括：The quality warranty agreement shall specify:
Scope and content of the warranty: construction scope as shown in the drawings.
Warranty period: 30 calendar days upon the completion inspection
Quality warranty liability: Party B shall be liable (excluding any damage caused by Party A’s supplies or Party A’s abnormal use)
In case Party A discovers any quality problem during the warranty period, Party A shall notify Party B timely and Party B shall handle the problem within 3 calendar days upon receipt of the notice.
二十、违约、索赔和争议 Default, claim and dispute
1.1 甲方违约。当发生下列情况时： Party A’s default. In case of the following:
As mentioned in Item 3 in Article Sixteen, Party A fails to pay the prepayment or progress payment as agreed;
As mentioned in Item 3 in Article Sixteen, Party A fails to make settlement payment without good reason;
Other cases where Party A does not perform or fails to perform the contract obligations as required.
In case Party A’s representative does not observe the terms and conditions hereunder, it shall be regarded as breach of contract and Party A shall indemnify Party B from any direct loss as a result thereof.
The laws and regulations applied hereto include, but not limited, Contract Law of the People’s Republic of China, Construction Law of the People’s Republic of China, Safe Production Law, Ordinance on Safe Production in Construction Project, Ordinance on Work-related Insurance, Safety and Technical Codes of High Work in Construction Project, Power Safety and Technical Codes of Construction Site, Safety and Technical Codes of Use of Construction Machienries, Environment and Satination Standards of Building Construction Site, Safety and Technical Codes of Use of Crane-type Scaffolds in Building Construction, Safety and Technical Codes of Use of Fastener-type Scaffolds in Building Construction, etc.
二十二、.合同生效与终止 Execution and termination
Both parties shall agree on a means to execute the Contrct in the agreement.
Upon the termination of the contractual rights and obligations, both parties shall continue with their obligations of notification, assistance, confidentitality, etc. in the principles of honesty and good faith.
二十三、.补充条款 Supplemental agreements
The contract can be specified, supplemented or amended by both parties upon mutual consultation and agreement in accordance with applicable laws, administrative regulations and the facts of the project.
二十四、合同份数 Number of copies
The Contract shall be made in six original copies with the equal legal effect. Each party holds three copies.
合同订立时间： Date of establishment:
This Contract shall be executed by the authorized signatures and seals of both parties.
发包人：（公章）Bidder: (seal) 承包人：（公章）Contractor: (seal)
法定代表人：Legal representative: 法定代表人：Legal representative:
委托代表人：Authorized representative 委托代表人：Authorized representative