Effects of Failure to Give Notice未发出通知的影响
Effects of Failure to Give Notice未发出通知的影响
11.3 If by reason of any failure by the Subcontractor to comply with the provisions of Sub-Clause 11.1 the Contractor is prevented from recovering any sum from the Employer under the Main Contract in respect of the Main Works, then, without prejudice to any other remedy of the Contractor for such failure, the Contractor may deduct such sum from monies otherwise due to the Subcontractor under the Subcontract.
Subcontractor’s Equipment, Temporary Works and Materials
Incorporation by Reference 以附注形式编入
12.1 The provisions of Clause 54 of the Conditions of Main Contract in relation to Contractor’s Equipment, Temporary Works or materials brought on to the Site by the Subcontractor are hereby incorporated by reference into the Subcontract as completely as if they were set out in full therein.
Subcontractor’s Obligation to Indemnify分包商的保障义务
13.1 The Subcontractor shall, except if and so far as the Subcontract provides otherwise indemnify the Contractor against all losses and claims in respect of:
(a)death of or injury to any person, or任何人员的伤亡， 或
(b)loss or damage to any property (other than the Subcontract Works),which may arise out of or in consequence of the execution and completion of the Subcontract Works and the remedying of defects therein, and against all claims, proceedings ,damages, costs, charges and expenses whatsoever in respect thereof in relation thereto, subject to what is provided in Sub-Clause 13.2.
Contractor’s Obligation to Indemnify 承包商的保障义务
13.2 The Contractor shall indemnify the Subcontractor against all claims, proceedings, damages, costs, charges and expenses in respect of the following matters to the like extent that the Contractor shall be indemnified by the Employer under the Main Contract, but no further:
(a) the permanent use or occupation of land by the Subcontract Works, or any part thereof,
(b) the right of the Employer and/or the Contractor to execute the Subcontract Works or any part thereof, on, over ,under, in or through any land.
(c) damage to property which is the unavoidable result of the execution and completion of the Subcontract Works, or the remedying of any defects therein, in accordance with the Subcontract, and
(d) death of or injury to persons or loss of or damage to property resulting from any act or neglect of the Employer, his agents, workmen or servants or other contractors, not being employed by the Contractor, or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto.
The Contractor shall indemnify the Subcontractor against all claims, proceedings, damages, costs, charges and expenses in respect of death of or injury to persons or loss of or damage to property resulting from any act or neglect of the Contractor, his agents, workmen or servants or other subcontractors, not being employed by the Subcontractor, or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or, where the said death, injury, loss or damage was contributed to by the Subcontractor, his agents, workmen or servants, such part of the said death, injury, loss or damage as may be just and equitable having regard to the extent of the responsibility of the Contractor, his agents, workmen or servants or other subcontractors for the said death, injury, loss or damage.
Outstanding Work and Defects未完成的工作和缺陷
Subcontractor’s Obligations before Taking- Over 移交前分包商的义务
14.1 If the Subcontractor shall complete the Subcontract Works as required by Sub-Clause 2.1 before the issue of a Taking-Over Certificate in respect of the Main Works, or, where under the Main Contract a Taking-Over Certificate is issued in respect of the Section or part of the Main Works, before a Taking-Over Certificate is issued in respect of the Section or Sections or part or parts of the Main Works in which the Subcontract Works are comprised, the Subcontractor shall continue the maintain the Subcontract Works in the condition required by the Main Contract to the satisfaction of the Contractor. The Subcontractor shall remedy every defect therein from whatever cause arising until a Taking-Over Certificate is issued in respect of the Main Works or such Section or Sections or part or parts. Subject to Clause 15, the Subcontractor shall not be entitled to any additional payment for so doing unless such defect is caused by the act or default of the Employer, his agents, servants or workmen under the Main Contract or of the Contractor, his agents, servants or workmen under the Subcontract.
Subcontractor’s Obligations after Taking- Over 移交后分包商的义务
14.2 After a Taking-Over Certificate is issued in respect of the Main Works or of the Section or Sections or part or parts thereof in which the Subcontract Works are comprised, as the case may be, the Subcontractor shall remedy such defects in the Subcontract Works as the Contractor is liable to remedy under the Main Contract for the like period and otherwise upon the like terms as the Contractor is liable to do under the Main Contract.
Defect Caused by Contractor’s Act or Default由承包商的行为或违约造成的缺陷
14.3 Provided always that if any defect remedied by the Subcontractor under Sub-Clauses 14.1 or 14.2 is caused by the act or default of the Contractor, his agents, servants or workmen, then, notwithstanding that the Contractor may have no corresponding right under the Main Contract, the Subcontractor shall be entitled to be paid by the Contractor his costs or remedying such defect.
Subcontractor’s Obligation to Insure分包商办理保险的义务
15.1 The Subcontractor shall effect insurance against such risks as are specified in Part II of the Conditions of Subcontract and in such sums and for the benefit of such persons as are specified therein. Unless otherwise stated in Part II of the Conditions of Subcontract, the Subcontractor shall keep ion force such insurance from the time that so much of the Site and such access is made available to him as may be required to enable him to commence and proceed with the execution of the Subcontract Works in accordance with the Subcontract until he has finally performed his obligations under the Subcontract.
Provided that the Subcontractor shall insure against the liability in respect of any person employed by him on the Subcontract Works in such manner that the Employer and /or the Contractor is indemnified under the policy.
Contractor’s Obligation to Insure; Subcontract Works at Subcontractor’s Risk
15.2 The Contractor shall keep in force, until such time as a Taking-Over Certificate is issued in respect of the Main Works or the Main Works have ceased to be at his risk under the Main Contract, the policy of insurance specified in Part II of the Conditions of Subcontract.
In the event of the Subcontract Works, Temporary Works, materials or other things belonging to the Subcontractor being destroyed or damaged during such period in such circumstances that a claim is established in respect thereof under the said policy, then the Subcontractor shall be paid the amount of such claim, or the amount of his loss, whichever is the less, and shall apply such sum in replacing or repairing that which was destroyed or damaged. Save as aforesaid the Subcontract Works shall be at the risk of the Subcontractor until a Taking Over Certificate is issued in respect of the Main Works or, if a Taking-Over Certificate is issued in respect of a Section or Sections or part or parts of the Main Works, until a Taking- Over Certificate4 is issued in respect of the last of the Sections or parts of the Main Works in which the Subcontract Works are comprised. The Subcontractor shall make good all loss of damage occurring to the Subcontract Works prior thereto at his own expense. The Subcontractor shall also be liable for any loss or damage to the Subcontract Works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under Sub-Clause 14.2
Evidence ofInsurance ; 保险的证据；
Remedy on Failure to Insure 未办理保险的补救办法
15.3 Where by virtue of this Clause either party is required to effect and keep in force insurance, he shall if so required by the other party provide evidence of insurance and the receipt for the payment of the current premium.
If either the Contractor or the Subcontractor fails to effect and keep in force any of the insurances required under the Subcontract, or fails to provide evidence of insurance, when required, then and in any such case the other party may effect and keep in force any such insurances and pay any premium as may be necessary for that purpose and may from time to time deduct the amount so paid from any monies due or to become due to the party in default, or recover the same as a debt due from the party in default, as the case may be.
Subcontractor’s Monthly Statements分包商的月报表
16.1 The Subcontractor shall submit to the Contractor ,7 days after the end of each month (the “Specified Day”), 7 copies of a statement ,in such form as the Contractor may from time to time prescribe (the “Statement”) , showing the amounts to which the Subcontractor considers himself to be entitled up to the end of such month in respect of:
(a)the value of the Subcontract Works executed; 已实施的分包工程的价值；
(b)any other item in the Subcontract Bill of Quantities including those for Subcontractor’s Equipment, Temporary Works, dayworks and the like;
(c)the percentage of the invoice value of listed materials, all as stated in the Appendix to Subcontractor’s Offer, and Plant delivered by the Subcontractor on the Site for incorporation in the Subcontract Works but not incorporated in such Works;
(d)adjustments under Clause 21;and按第21条进行的调整；以及
(e)any other sums to which the Subcontractor may be entitled under the Subcontract or otherwise.The value of work done shall be calculated in accordance with the rates and prices specified in the Subcontract, but if there are no such rates and prices, or if they are inappropriate or inapplicable, then such value shall be such as is fair and reasonable.
Contractor’s Monthly Statements 承包商的月报表
16.2 Subject to the Subcontractor having submitted a Statement for any month to the Contractor, the Contractor shall include, unless inappropriate, the amounts set out therein in the Contractor’s next statement for payment under the Main Contract.
In any proceedings, whether arbitral or other, instituted by the Contractor against the Employer to enforce payment of monies due under the certificate issued by the Engineer in accordance with the provisions of the Main Contract there shall be included all sums certified and unpaid in relation to the Subcontract Works, without prejudice to the Subcontractor’s rights under Clause 19.
Payment Due; 到期应支付的款项；
Payment Withheld or Deferred; Interest 扣发或缓发的款项；利息
16.3 Within 70 days of the Specified Day or otherwise as agreed but subject as hereinafter provided, the amounts included in a Statement shall be due and payable to the Subcontractor, subject to deduction of previous payments and of retention monies at the rate(s) specified in the Appendix to Subcontractor’s Offer until such time as the limit of retention money (if any) therein specified has been reached.
在“规定日”之后的70天（原文为 35天，接FIDIC来函改为 70天——译注）内或另行商定的时间内（但以下文规定为条件），报表中所包括的款额应到期支付给承包商，但须扣除以前支付的款额，并按分包商的报价书附录中规定的比率扣除保留金直至该保留金的数额达到分包商的报价书附录中规定的保留金限额（如有时）为止。
The Contractor shall be entitled to withhold or defer payment of all or part or any sums otherwise due pursuant to the provisions hereof where:
(a)the amounts included in any Statement together with any sums to which the Subcontractor might otherwise be entitled in the opinion of the Contractor, but after all retentions and deductions , are less in the aggregate than the minimum amount (if any) stated in the Appendix to Subcontractor’s Offer,
(b)the amounts included in any Statement together with any sums which are the subject of an application by the Contractor under the Main Contract in accordance with Sub-Clause 16.2, but after all retentions and deductions, are insufficient in the aggregate to justify the issue of an Interim Payment Certificate by the Engineer under the Main Contract,
(c)the amount included in any Statement are not certified in full by the Engineer, providing such failure to certify is not due to the act or default of the Contractor,
(d)the Contractor has included the amounts set out in the Statement in his own statement in accordance with the Main Contract and the Engineer has certified but the Employer has failed to make payment in full to the Contractor in respect of such amounts, providing such failure is not due to the act or default of the Contractor, or
(e)a dispute arises or has arisen between the Subcontractor and the Contractor and/or the Contractor and the Employer involving any question of measurement or quantities or any other matter included in any such Statement.
Any payment withheld under the provisions of paragraphs (c), (d) or (e) above shall be limited to the extent that the amounts in any Statement are not certified, not paid by the Employer or are the subject of a dispute, as the case may be.
In the event of the Contractor withholding or deferring any payment he shall notify the Subcontractor of his reasons therefor as soon as is reasonably practicable but not later than the date when such payment would otherwise have been payable.
The provisions of paragraphs (a) and (b) of this Sub-Clause with regard to the time for payment shall not apply to the amounts in any Statement by the Subcontractor which are included in the Contractor’s Final Statement to the Engineer under the provisions of the Main Contract. In respect of any such amounts payment shall be due 14 days after receipt by the Contractor of any payment which includes a sum in respect of such amounts.
In the event of the Contractor failing to make payment of any sum properly due and payable to the Subcontractor or in the event of payment being withheld or deferred pursuant to paragraph (d) of this Sub-Clause, the Contractor shall, upon receiving a notice of claim for interest from the Subcontractor, which should be made within 7 days of the date when such sum became payable, pay to the Subcontractor interest on such overdue sum at the rate payable by the Employer to the Contractor under the provisions of the Main Contract. Provided always that, in the event of the Contractor not receiving a notice of a claim for interest within 7 days of the date when such sum became payable as aforesaid, interest shall be payable by the Contractor on such sum at such rate from the date of receipt of the said notice claim.
Notwithstanding the immediately preceding paragraph the Subcontractor shall be paid any interest actually received by the Contractor from the Employer which is attributable to monies due to the Subcontractor.
Notwithstanding the terms of this Clause or any other Clause of the Subcontract no amount shall be due and payable to the Subcontractor until the performance security, if required under the Subcontract, has been provided by the Subcontractor and approved by the Contractor.
Payment of Retention Money 保留金的支付
16.4 Within 35 days of the issue by the Engineer of the Taking –Over Certificate with respect to the whole of the Main Works or, where the Main Works are completed by Section or parts, with respect to a Section or part of the Main Works in which the Subcontract Works are comprised, the Contractor shall pay to the Subcontractor one half, or such other proportion as the Contractor reasonably determines having regard to the relative value of such Section or part of the Subcontract Works ,of the retention monies under the Subcontract.
Within 7 days of the Contractor’s receipt of any payment under the Main Contract which is by the way of release of the other half of the retention monies the Contractor shall pay the Subcontractor the other half, or the remaining proportion, of the retention monies under the Subcontract.
Payment of Sub-contract Price and Other Sums Due 分包合同价格及其他应付款额的支付
16.5 Within 84 days after the Subcontractor has finally performed his obligations under Clause 14, or within 14 days after the Contractor has recovered full payment under the Main Contract in respect of the Subcontract Works, whichever is the sooner , and provided that 35 days have expired since the submission by the Subcontractor of his statement of final account to the Contractor, the Contractor shall pay to the Subcontractor the Subcontract Price and any additions to or deductions from such sum as are provided for in the Subcontract, or are otherwise payable in respect thereof, less such sums as have already been received by the Subcontractor on account.
Cessation of Contractor’s Liability承包商责任的终止
16.6 The Contractor shall not be liable to the Subcontractor for any matter or thing arising out of or in connection with the Subcontract or execution of the Subcontract Works, unless the Subcontractor has given a notice of claim in respect thereof to the Contractor before the issue of the Defects Liability Certificate in respect of the Main Works.
Termination of Main Contract主合同的终止
Payment after Termination对分包商应用的终止
17.1 If the Contractor’s employment under the Main Contract is terminated, or if the Main Contract is otherwise terminated, for any reason whatsoever before the Subcontractor has fully performed his obligations under the Subcontract, then the Contractor may at any time thereafter by notice to the Subcontractor forthwith terminate the Subcontractor’s employment under the Subcontract and thereupon the Subcontractor shall, subject to Clause 12, with due expedition remove his staff and workmen and the Subcontractor’s Equipment from the Site.
Payment after Termination终止后的付款
17.2 If the Subcontractor’s employment is terminated as aforesaid, and subject Sub-Clause 17.3, the Subcontractor shall be paid by the Contractor , in so far as such amounts or items have not already been covered by payments on account made to the Subcontractor for:
(a) all work executed prior to the date of termination at the rates and prices ,if any, provided in the Subcontract, or if there are no such rates and prices , then such amount as may be fair and reasonable,
(b) all materials properly brought and left on the Site by the Subcontractor, together with such proportion of the cost as may be reasonable , taking into account payments made or to be made for work executed , of removal of Subcontractor’s Equipment from the Site and, if required by the Subcontractor, return thereof to the Subcontractor’s main plant yard in his country of registration or to other destination , at no greater cost,
(c) the reasonable cost of repatriation of all Subcontractor’s staff and workmen employed or in connection with the Subcontract Works at the time of such termination, and
(d) any goods properly prepared or fabricated off the Site for subsequent incorporation in the Subcontract Works, provided the Subcontractor delivers such goods to the Site or to such other place as the Contractor shall reasonably direct.
Provided always that nothing herein shall affect the rights of either party in respect of any breach of the Subcontract committed by the other prior to such termination, nor any right which accrued to the Subcontractor prior to such termination to receive any payment which is not in respect or on account of the Subcontract Price.
Termination of Main Contract in Consequence of Breach of Subcontract
17.3 If the Contractor’s employment under the Main Contract is terminated, or if the Main Contract is otherwise terminated, by the Employer in consequence of any breach of the Subcontract by the Subcontractor, then the provisions of the preceding Sub-Clause as to payment shall not apply, but the rights of the Contractor and the Subcontractor hereunder shall be the same as if the Subcontractor had by such breach repudiated the Subcontract and the Contractor had by his notice of termination under Sub-Clause 18.1 elected to accept such repudiation.
Default of Subcontractor分包商的违约
Termination of Subcontract分包合同的终止
18.1 If: 如果
(a) the Subcontractor is deemed by law unable to pay his debts as they fall due, or enters into voluntary or involuntary bankruptcy, liquidation or dissolution (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or becomes insolvent , or makes an arrangement with, or assignment in favour of, his creditors, or agrees to carry out the Subcontract under a committee of inspection of his creditors, or if a receiver , administrator , trustee or liquidator is appointed over any substantial part of his assets, or if any act is done or event occurs with respect to the Subcontractor or his assets which, under any applicable law, has a substantially similar effect to any of the foregoing acts or events, or if the Subcontractor has contravened Sub-Clause 2.4 , or has an execution levied on his goods,
(b) the Subcontractor has repudiated the Subcontract, 分包商已经否认分包合同有效，
(c) the Subcontractor, without reasonable excuse , has failed to commence or proceed with the Subcontract Works in accordance with Sub-Clause 7.1,
(d) the Subcontractor refuses or neglects to remove defective materials or remedy defective work after being instructed so to do by the Contractor under this Sub-Clause,
(e) the Subcontractor, despite previous warning from the Contractor, in writing , is otherwise persistently or flagrantly neglecting to comply with any of his obligations under the Subcontract,
(f) the Subcontractor has contravened Sub-Clause 2.5, or分包商已违反第2.5款，或
(g) the Contractor is required by the Engineer to remove the Subcontractor from the Main Works after due notice in writing from the Engineer to the Contractor in accordance with the Main Contract, then in any such event , and without prejudice to any rights or remedies, the Contractor may by a notice to the Subcontractor forthwith terminate the Subcontractor’s employment under the Subcontract and thereupon the Contractor may take possession of all materials, Subcontractor’s Equipment and other things whatsoever brought on to the Site by the Subcontractor and may by himself or any other contractor use them for the purpose of executing and completing the Subcontract Works and remedying any defects therein and may, if he thinks fit, sell all or any of them and apply the proceeds in or towards the satisfaction of monies otherwise due to him from the Subcontractor.
Contractor’s and Subcontractor’s Rights and Liabilities upon Termination
18.2 Upon such a termination, the rights and liabilities of the Contractor and the Subcontractor shall, subject to the preceding Sub-Clause, be the same as if the Subcontractor had repudiated the Subcontract and the Contractor had by his notice of termination under the preceding Sub-Clause elected to accept such repudiation.
18.3 The Contractor may in lieu of giving a notice of termination under this Clause take part only of the Subcontract Works out of the hands of the Subcontractor and may by himself or any other contractor execute and complete such part of the Subcontract Works and remedy any defects therein and in such event the Contractor may recover his cost of so doing from the Subcontractor, or deduct such costs from monies otherwise becoming due to the Subcontractor.
Settlement of Disputes争端的解决
Amicable Settlement and Arbitration友好解决和仲裁
19.1 If a dispute of any kind whatsoever arises between the Contractor and the Subcontractor in connection with, or arising out of, the Subcontract or the execution of the Subcontract Works, whether during the execution of the Subcontract Works or after their completion and whether before or after repudiation or other termination of the Subcontract, then the Contractor or the Subcontractor may give a notice of such dispute to the other party, in which case the parties shall attempt for the next fifty-six days to settle such dispute amicably before the commencement of the arbitration. Such notice shall state that it is made pursuant to this Clause. Any dispute which has not been amicably settled within fifty –six days after the day on which such notice is given shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce of one or more arbitrators appointed under such Rules. Arbitration may be commence prior to or after completion of the Subcontract Works, provided that the obligations of the Contractor and Subcontractor shall not be altered by reason of the arbitration being conducted during the progress of the Subcontract Works.
Dispute in Connection with or Matters Arising Out of Main Contract Touching or Concerning Sub-contract Works
19.2 If a dispute of any kind whatsoever arises between the Employer and the Contractor in connection with, or arising out of, the Main Contract or the execution of the Main Works, whether during the execution of the Main Works or after their completion and whether before or after repudiation or other termination of the Main Contract, including any dispute as to any opinion, instruction, determination ,certificate of valuation of the Engineer, and the Contractor is of the opinion that such dispute touches or concerns the Subcontract Works and arbitration of such dispute under the Main Contract commences, the Contractor may by notice require that the Subcontractor provide such information and attend such meetings in connection therewith as the Contractor may reasonably request.
Notices and Instructions通知和指示
Giving of Notices and Instructions发出通知和指示
20.1 All notices to be given to either the Contractor or the Subcontractor and all instructions to be given to the Subcontractor under the terms of the Subcontract shall be sent by post, cable, telex or facsimile transmission to or left at the principal place of business of the Contractor or Subcontractor, as the case may be, or such other address as the Contractor or Subcontractor shall nominate for that purpose.
Change of Address 地址的更改
20.2 Either party may change a nominated address to another address in the country where the Subcontract Works are being executed by prior notice to the other party.
Changes in Cost and Legislation费用及法规的变更
Increase or Decrease of Cost 费用的增加或减少
1.2 There shall be added to or deducted from the Subcontract Price such sums in respect of rise or fall in the cost of labour and/or materials or any other matters affecting the cost of the execution of the Subcontract Works, to the like extent that such sums shall be added to or deducted from the Contract Price under the Main Contract, but no further.
21.2 If, on or after the date the Subcontract is executed, there occur in the country in which the Subcontract Works are being or are to be executed changes to any National or State Statute, Ordinance, Decree or other Law or any regulation or bye-law of any local or other duly constituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law, regulation or bye-law which causes additional or reduced cost to the Subcontractor, other than under Sub-Clause 21.1, in the execution of the Subcontract, such additional or reduced cost shall be agreed between the Contractor and the Subcontractor, and shall be added to or deducted from the Subcontract Price, to the like extent that such additional or reduce cost shall be added to or deducted from the Contract Price under the Main Contract, but no further.
Currency and Rates of Exchange货币及汇率
22.1 If, on or after the date the Subcontract is executed, the Government or authorized agency of the Government of the country in which the Subcontract Works are being or are to be executed imposes currency restrictions and/or transfer of currency restrictions in relation to the currency or currencies in which the Subcontract Price is to be paid, the Contractor shall reimburse any loss or damage to the Subcontractor arising therefrom to the like extent that such loss or damage shall be reimbursed to the Contractor under the Main Contract ,but no further. Any other rights or remedies to which the Subcontractor is entitled in such event shall not be prejudiced.
Rates of Exchange汇率
22.2 Where the Subcontract provides for payment in whole or in part to be made to the Subcontractor in foreign currency or currencies, such payment shall not be subject to variations in the rate or rates of exchange between such specified foreign currency or currencies and the currency of the country in which the Subcontract Works are to be executed.
NAME OF SUBCONTRACT: 分包合同名称
1.Having examined the Conditions of Subcontract Specification , the Subcontract Drawings , and the Subcontract Bill of Quantities and Addenda Nos _________ for the execution of the above-named Subcontract Works, we, the undersigned ,offer to execute and complete such Works and remedy any defects therein in conformity with the Conditions of Subcontract, the Subcontract Specification, the Subcontract Drawings, the Subcontract Bill of Quantities and Addenda for the sum of____________________________________
or such other sum as may be ascertained in accordance with the said Conditions.
2.We acknowledge that the Appendix hereto forms part of our Offer
3.We undertake, if our Offer is accepted , to commence the Subcontract Works within 14 days ,or such other period as may be agreed in writing, after the receipt of your notice to commence, and to complete the whole of the Subcontract Works comprised in the Subcontract within the time stated in the Appendix hereto.
4.We agree to abide by this Offer for the period of *___ days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
5.Unless and until a formal Subcontract Agreement is prepared and executed this Offer, together with your written acceptance thereof, shall constitute a binding contract between us.
6.We understand that you are not bound to accept the lowest or any offer you may receive.
Dated this________day of______于__年__月__日，
Signature________________in the capacity of ___________
Duly authorized to sign offers for and on behalf of________
(IN BLOCK CAPITALS)
(Note: All details marked * shall be inserted before issue of Offer Documents)
Sub-Clause Amount of security (if any) 保证金（如有时）…… 2.2
________per cent of the Sub contract Price分包合同价格的百分之
Time for issue of notice to commence颁发开工通知的时间………. 7.1 ____ days天
Subcontractor’s Time for Completion分包商的竣工时间….. 7.1_________ days天
Percentage of invoice value of listed materials and Plant…………6.1 ( c) _______per cent
Percentage of Retention…………………… 16.3 _______ per cent
Minimum amount of Statement ……………16.3_______per cent
Initials of Signatory of Offer………………….报价书签字人小签_
(Notes: All details in the list above shall be inserted before issue of Offer documents. Where the number of days is to be inserted, it is desirable, for consistency with the Conditions of Subcontract that the number should be a multiple of seven. Additional entries are necessary where provision is included in the Subcontract for:
(a) completion of Sections区段竣工
(b) liquidated damage损害赔偿费
(c) a bonus奖金
(d) an advance payment预付款
APPENDIX TO SUBCONTRACTOR’S OFFER
This Subcontract Agreement made the _____________________
day of _________________________________
___________________(hereinafter called the “Contractor”) of the one part
And _________________________of _____________________________
(hereinafter called the “Subcontractor”) of the other part
Whereas the Whereas the contractor is desirous that certain Subcontract Works should be executed by the Subcontractor, viz__________________________ and has accepted a Subcontractor’s Offer for the execution and completion of such Subcontract Works and the remedying of any defects therein
Now this Subcontract Agreement witnesseth as follows:
1.In this Subcontract Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Subcontract hereinafter referred to.
2.The following documents shall be deemed to form and be read and construed as part of this Subcontract Agreement,viz:
(a) The Contractor’s Letter of Acceptance; 承包商发出的中标函；
(b) The Subcontractor’s Offer; 分包商的报价书；
(c) The Conditions of Subcontract (Parts I and II); 分包合同条件（第一部分和第二部分）；
(d) The Subcontract Specification; 分包合同规范；
(e) The Subcontract Drawings; and分包合同图纸，以及
(f) The Subcontract Bill of Quantities. 分包工程量表。
3.In consideration of the payments to be made by the Contractor to the Subcontractor as hereinafter mentioned the Subcontractor hereby covenants with the Contractor to execute and complete the Subcontract Works and remedy any defects therein in conformity in all respects with the provisions of the Subcontract.
4.The Contractor hereby covenants to pay the Subcontractor in consideration of the execution and completion of the Subcontract Works and the remedying of any defects therein the Subcontract Price or such other sum as may become payable under the provisions of the Subcontract at the times and in the manner prescribed by the Subcontract.
In Witness Whereof the parties hereto have caused this Subcontract Agreement to be executed the day and year first before written in accordance with their respective laws.
The Common Seal of ____________盖章
was hereunto affixed in the presence of:or Signed Sealed and Delivered by the
此盖________的正式章 (如需要) 或
in the presence of:在____在场的情况下