Establishment Of International General Contract

< p > date: Year Month Day < /p >.

< p > place: the city contract is signed by the parties hereto: < /p >

< p > 1. director of Municipal Health Bureau (hereinafter referred to as Party A) < /p >

< p > 2. the manager of the Overseas Engineering Department of the construction engineering contract firms,, is authorized by the contract firms of Construction Engineering (hereinafter referred to as "B"): (country): the general address of (country): the communication address of (country) in the country of /p: letter box < /p >

< p > in view of Party A's construction of the school square teaching building (the project is for building, including a full set of furniture, equipment and air conditioning).

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< p > Party B acknowledges that he has a correct understanding of the body and annexes of the contract, and on this basis, agrees to conclude a contract and construct according to the contract.

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< p > all the above documents and annexes are inalienable parts of this contract.

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< p > two, contract amount < /p >.

< p > the amount of this contract is deal (70% to the US dollar).

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< p > this amount is calculated by the method of real engineering quantity per unit, which is only for the "budget estimate project".

As for the "piecewise works", payment is made according to the interim statements.

The way to write interim statements should be agreed in the contract.

The payment to Party B shall be in accordance with the provisions of the contract and its annex.

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< p > contract price is fixed, it includes all expenses, expenses, obligations and taxes of Party B for construction, including engineering maintenance cost due to poor construction and warranty and maintenance cost stipulated in the contract period.

Party B is not entitled to increase the contract price for any reason.

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< p > three, contract duration < /p >.

< p > Party B must complete the construction of the contract works within 380 days from the date of pfer of the premises according to the instructions given in the appendix No.

Formal holidays are included in the construction period.

If Party A considers it impossible to complete the project on time due to certain force majeure reasons, Party A may inform Party A in writing, explain the reason and request for additional time limit.

If Party B confirms these reasons, the contract period can be extended appropriately.

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< p > four, pfer site < /p >

< p > according to the notice issued by Party A to Party B, carry out the handover of the site.

If Party B or the representative of his receiving site is absent within the time limit specified in the notice, Party A may draft the minutes as usual and send copies of the confidential documents to Party B.

The date of drafting the minutes is the day when Party B receives the venue.

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< p > five, check site < /p >

< p > Party B admitted that he had checked the site and surrounding environment before he signed the contract. He had mastered all the conditions related to the construction of the project or affected the construction, such as geological and soil conditions, water sources, local climate, roads, traffic flow, and the scope of labor supply.

Party B shall be responsible for the consequences arising from these factors.

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< p > six, performance margin < /p >

< p > Party B shall deposit the performance bond with Party A within thirty days from the second day after being informed of the successful bid, the amount being 20% of the total amount of the contract, or within the specified time limit, the original bid security deposit shall be added to the above proportion.

The contract will only have obligations to Party A after the deposit is deposited.

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< p > provide guarantee by cash, credit check, or in accordance with the conditions stipulated in contract tenth.

According to the fifty-sixth provision, the letter of guarantee must be effective in the whole execution period of the contract until the final delivery.

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< p > the deposit shall always be retained by Party A and shall be used for the guarantee of Party B's perfect construction and performance of Party A's rights.

Party B shall, after issuing a registered letter to Party A, make up the margin in the maximum amount within one month according to the same amount of money that may be deducted.

Otherwise, Party A shall have the right to confiscate the balance of the deposit, or to recover the works from Party B. Party A shall have the right to claim compensation from Party B. If Party A is responsible for the construction of the project, Party A shall have the right to claim, and only notify Party B by registered mail without having to resort to court or take other measures.

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< p > Party A has the right to assign any debts owed by Party B to any proceeds of this contract.

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< p > seven, drawings and specifications intact. < /p >

All errors or omissions in any technical explanation, design and drawing submitted by Party A can be corrected at any time. P

Party B shall examine the effectiveness of the specifications, designs and drawings in person, and inform party a when appropriate.

When Party A accepts these opinions, Party A is responsible for these opinions, just as they have raised them.

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< p > eight, construction schedule plan < /p >

< p > Party B shall submit a construction plan to Party A within fifteen days from the time of receiving the work, and clarify the methods adopted, the construction schedule, the construction arrangement, the equipment to be pported into the construction site, and the establishment of temporary facilities for the completion of this contract project.

Party B shall adjust its own construction plan according to the opinions of Party A and the progress of construction.

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< p > nine, contract content change < /p >.

< p > Party A has the right to adjust the contents of the contract, but the amount of increase or decrease can not exceed 15% of the contract value.

Party B shall not be entitled to claim any compensation if the actual amount of the project increases or decreases within 15% of the contract value.

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< p > the above adjustment amount shall be calculated by the agreed unit price.

If there is no such unit price, it shall be calculated on the basis of the local market price or the world market price when Party B adjusts.

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< p > according to the provisions of this article, if Party B considers that the proposed adjustment will result in the project being unable to be completed or delivered on schedule, Party B can extend the project to Party A within two weeks from the date of notification of the adjustment.

Otherwise, it is tantamount to giving up the right.

In this way, Party B will complete the works including the adjustment part and deliver them in the original construction period.

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< p > Party A can extend the time limit to the time when it considers it appropriate when receiving the extension request submitted by Party B.

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< p > ten, payment terms < /p >

< p > 1. after Party B receives the site, submit the performance guarantee and complete the contract registration and tax payment procedures, Party A shall pay Party B the prepayment of the contract amount by Party B according to the requirements of Party B.

The advance payment shall be paid after Party B submits a letter of guarantee equivalent to the advance payment, which is always valid during the construction period, and shall be opened by a bank in a or certified by the bank, without any conditions attached, and shall not be invalidated.

The above bank shall admit that a sum of money equivalent to the guarantee is governed by Party A, and that it can be fully paid to Party A without notice, without the need to appeal to the judiciary or to go through any other formalities, regardless of the objection raised by Party B or the third party.

The advance payment shall be deducted from the proportion of the advance payment in the total contract price from the monthly project progress payment paid to Party B until the end of the contract.

The amount of guarantee can also be reduced according to the amount recovered in advance.

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< p > 2.% of the cost of Party B's material delivered to the construction site and actually accepted by Party A shall be paid to Party B.

The condition is that the materials supplied by Party B shall be of high quality, applicable and conform to the requirements, and shall be accepted by Party A engineer and stored properly in the warehouse.

The above provisions also apply to the machinery and equipment delivered to the site by Party B.

These machines and equipment are part of the project and should be intact during installation.

However, all machinery belonging to Party B is not included, because these machines are not part of the project but are imported to the site for construction purposes only.

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< p > the above prepayment shall be deducted from the progress of the works completed by Party B with stock materials first, until all of them are recovered.

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< p > 3. for the projects that meet the requirements and specifications and actually completed, Party A will pay Party B% of its cost on the basis of the unit price determined by both parties.

The amount of these payments shall be determined in accordance with the provisions of this contract twenty-fifth and the monthly statement of quantities completed.

These payments can only be made after deducting the proportion of the advance payment mentioned in the first paragraph of this article and the previously charged material charge, and the monthly payment amount shall not be less than that of the contract.

Party A shall pay the monthly project progress payment of this provision within forty-five days of the approval of the project report.

The condition is that the completed works shall conform to the conditions stipulated in this contract.

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< p > payment shall be made after reviewing the statement, paying the application form and making sure that it is correct.

When payment is less than forty-five days, Party B can claim interest on the interest stipulated by the bank.

Due to the fact that Party B fails to make timely statistics on the quantity of the project, or when Party B (or his representative) goes out when making the engineering scale, or Party A decides that the progress of the project is poor, and the performance of Party B (or his representative or his sub contractor) is poor, Party A shall be liable for its overdue payment of interest.

Similarly, if the report is defective, negligent or wrong, whether it is discovered by Party A or before being paid by any audit and supervision unit of a country, Party A shall not be liable to pay interest for its overdue payment.

In this case, the time limit for payment (monthly progress) can be postponed appropriately in order to correct the report.

The stipulation of interest payment due to late payment in this article does not apply to payment, contract final accounts, overdue refunds, and materials.

In a nutshell, this rule applies only to monthly works progress payments.

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< p > 4. the amount paid by Party B to the parties concerned of a shall be deducted from the proceeds of the contract signed by Party B.

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< p > 5. Party A deducts the amount of 5% from the monthly monthly progress of the project as a retention fund to ensure the construction is in good condition.

After the completion of the project and the preliminary acceptance of the fifty-fourth provisions, the proportionate amount shall be paid back to Party B.

It is also possible to pay the sum of this proportion to a party B in accordance with a letter of guarantee equivalent to this provision and the above proportion. The letter of guarantee is valid within thirty days from the date of preliminary acceptance.

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< p > 6., in compliance with the monetary management law and relevant provisions, Party B can remit imported materials and machinery and equipment purchased abroad for overseas purposes.

The surplus amount of the contract can also be remitted to foreign countries according to the existing regulations and conditions.

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< p > eleven, letter of credit for the construction of this contract, and materials and equipment cost that need to be imported from abroad, Party B can use the letter of credit opened by a bank of a to exchange foreign currency.

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< p > the amount shall be determined according to the total price of materials and equipment provided by Party A before the letter of credit is opened.

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< p > letter of credit can be divided.

The amount and date of payment shall be determined according to the schedule of each batch of construction materials and equipment to be imported by Party B to Party A.

At the same time, the validity of the letter of credit is determined according to the table.

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< p > after the beneficiary is confirmed, the L / C to be issued to Party B shall not be pferred to any other beneficiary without the consent of Party A.

Each payment of the above letter of credit must be carried out in the following ways: < /p >

< p > 1. when each shipment pays more than 75% of the amount, the following documents should be provided: < /p >

< p > (1) five certified original bills.

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< p > (2) a set of shipping documents confirmed that the freight has been paid according to the normal sea price.

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< p > (3) the insurance documents for all risks undertaken by an insurance company of a country for Party A are required to be covered from the manufacturing site to the a country project site.

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< p > (4) shipment of hydrogen bombs.

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< p > (5) the inspection certificate recognized and approved by Party A according to the provisions of this contract.

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< p > (6) the manufacturer's certificate and the a embassy or consulate abroad are certified on the original.

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< p > 2. when these materials and equipment are installed according to the technological requirements and technical specifications, Party A notifies the bank and pays the credit amount of 15% percentage.

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< p > 3. 10% of the amount of the letter of credit is kept until the completion of the preliminary inspection of the whole contract project.

The above payment ratio shall be paid by Party A to the bank.

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< p > twelve, Party A has the right to inspect materials and their types. Only after Party A has issued a certificate, will it allow the shipment.

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< p > customs revenue and all storage costs, expenses to be pported to the scene, loading and unloading fees, provided that Party B does not receive immunity from the parties concerned, shall be delivered by Party B under the law.

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< p > to handle the need for letter of credit and payment procedures, Party B is responsible to submit a copy of the contract to its bank of deposit at home and abroad in a country.

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< p > thirteen, perfect construction < /p >.

< p > Party B shall conscientiously carry out construction according to the requirements of engineering drawings, technical specifications, construction plans and professional technical regulations.

In the course of construction, high quality materials, equipment and machinery should be used, and all samples should be provided to Party A engineers before they are put into use.

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< p > all costs shall be borne by Party B when any part of the project which is rejected by Party A due to defective material or rough manufacturing or construction errors is to be repaired or demolished.

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< p > < --EndFragment-- > fourteen, third party insurance > /p >

< p > Party B shall be responsible for the loss of liability of the third party and its property due to construction in an insurance company.

In any case, the amount insured is the same.

In order to avoid possible workers and other casualties and avoid causing losses to society and individuals, Party B shall take necessary measures, including road signs (with markings and [1] [2] [3] indicator) for day and night according to traffic rules.

As a result of construction, Party B shall be directly responsible for the death, accident and injury that may result from carelessness of Party B or his agent or his contractor or his staff.

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< p > fifteen, engineering insurance > /p >

< p > Party B shall pay an insurance premium in an insurance company to insure against damage, fire or theft of the completed works, materials and appliances.

The insurance document shall bear all risks for the contractor.

According to the fifty-fourth provision of this contract, the insurance can only be concluded when the project is initially received.

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< p > sixteen, Party B fails to fulfill its insurance obligations < /p >

< p > Party B shall, when commencement, submit evidences which have already been fulfilled for the insurance obligations stipulated in its first two articles.

If the insurance fails to fulfill the obligation or fails to pay the sum, Party A may take the insurance and bear the cost, deducting the expenses from the amount payable by Party B.

In all cases, Party A shall stop paying any money to Party B until Party B has already undertaken the insurance obligation and pays the amount.

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< p > seventeen, < a href= "http://www.91se91.com/news/index_c.asp" > sub contract < /a > /p >

< p > Party B shall not be allowed to subcontract the works stipulated in the contract, but with the written consent of Party A, Party B will be allowed to sign a sub contract with the competent and experienced professional construction companies for the construction of some projects in the contract.

In all cases, Party B, who subcontracts part of the project, will always be responsible for the execution of this contract with his subcontractors.

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< p > eighteen, pfer < /p >

< p > B shall not be allowed to pfer the whole or part of the contract to others. If Party B violates this provision, the contract will be rescinded and the performance insurance will be confiscated.

This does not require any legal procedure, nor does it affect the right of Party A to claim damages. If necessary, Party A has the right to ask Party B for the increase in prices.

However, the pferor is allowed to pfer all or part of his due money to a bank in a state with the following conditions: < /p >

< p > (1) for the pfer of Party B without the written consent of Party A can not be established.

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< p > (2) such pfer does not affect Party A's rights to Party B.

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< p > (3) once a bank pfers to a bank, it can not go back on its terms unless it is agreed by the bank.

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< p > nineteen, construction supervision < /p >

< p > the construction supervision of the contracted project and the inspection of the construction of Party B shall be borne by the staff authorized by the engineer or the management.

If Party A engineer or think the progress of the project is slow, Party B may give written warning to Party B, require additional workers, increase mechanical equipment, work overtime and take other measures to ensure smooth and timely completion of the project.

All these expenses shall be borne by Party B.

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< p > party a engineer and his staff shall have the right to enter the scene at any time, to inspect and manage the construction works, and even to issue orders and instructions for the smooth operation of the works. These instructions shall be written to Party B and written to the site records; Party B and his workers and subcontractors shall execute these instructions, and do not use materials that the Party A engineers consider not meeting the conditions of the contract or annex.

In order to ensure that the construction is carried out according to the specifications and conditions of the contract, they shall have the right to notify the stoppage in writing, or refuse to accept the materials and works which are not in conformity with the agreed conditions, while allowing the minor engineers to make minor adjustments and modifications according to the requirements of the technical specifications without affecting the project cost and not violating the purpose of the contract.

For those projects which require additional cost, the approval of Party A shall be approved.

Party A Engineer shall have the right to require Party B to make material test, material analysis, check the strength of material and submit photos for each construction period, all of which are borne by Party B.

Only when Party A requests that these materials be inspected and tested again, and that the two test results meet the requirements of the technical specification, Party A will bear the cost.

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< p > in order to continue construction, Party B can also request Party A engineer to carry out any necessary inspection.

This shall be submitted to Party A engineer or his representative for a written report, which shall be signed and signed by the latter on the copy of the report. In this case, the engineer of the Party A shall make the necessary inspection and submit an opinion as soon as possible, and record the inspection results into the site record.

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< p > twenty, Party A engineer office < /p >.

< p > Party B shall provide an office for Party A Engineer at the scene.

The office should be fully qualified, including the complete set of equipment.

The cost of establishing office, power supply and installation equipment shall be borne by Party B.

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< p > twenty-one, Party B's on-site representative < /p >.

< p > Party B shall appoint a site representative to receive and execute the instructions of Party A engineer, and at the same time, he shall set up a technical organization with the same construction experience and highly technical level for the members of the organization to be at the scene during the whole construction period.

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< p > for the selection and replacement of Site Representatives and technical organization members, Party A shall agree in advance. If necessary, Party A has the right to request replacement, which does not affect Party B's responsibility for perfect construction.

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< p > twenty-two, providing convenience for management and other contractors < /p >

< p > Party B, the responsible person, representative and employee of the building site shall provide necessary conveniences for party a engineer, including checking, measuring, testing and other works at the scene. At the same time, the contractor should also take care of the construction of other contractors at the scene and nearby areas, and create favorable conditions for their construction.

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< p > twenty-three, maintain site order < /p >

< p > Party B is responsible for maintaining the order at the scene. For those employees who neglect their duties, refuse to execute the instructions of the engineers, or have poor technical capability or require the dismissal of the relevant authorities, Party B shall send them to the scene within twenty-four hours after the written order of the party a, and shall immediately report to the police at any disturbance of the site.

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< p > twenty-four, < a href= "http://www.91se91.com/news/index_c.asp" > contract document < /a > should be kept at site < /p >

< p > Party B shall at least keep two sets of contract documents, technical specifications, engineering drawings and other documents related to the project, so that they may refer to the needs of Party A's engineers or representatives.

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< p > twenty-five, the calculation of completed works < /p >

< p > at the end of each month, when Party A's representative agrees, Party B shall contribute to the calculation of the completed part, and at the same time, Party A shall take part in it.

The engineering calculation must be signed by the representatives of both sides.

If Party B delays the project calculation, he will obey the algorithm of Party A and bear the cost of calculation.

The quantity in the engineering scale is only an estimate. The actual project completed by the above calculation method is the actual project quantity.

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< p > Party B shall keep special records and record the quantities reflected in the monthly statistics signed by both parties.

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< p > twenty-six, equipment processing < /p >

< p > without Party A's consent, Party B shall not allow Party B to pport and process the materials, tools, machinery, equipment and temporary facilities that he is pported to the site until the project is initially completed.

Party A shall not be responsible for the loss, damage or theft of the above material and equipment.

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< p > twenty-seven, protect public facilities < /p >

< p > if the field is found to be excavated at the scene, wires, plumbing pipes or other things should be found. Party B should immediately stop digging and report to Party A or specialized agencies in time.

Party B is responsible for repairing the damaged public facilities according to the relevant instructions and restoring them to the original state. The cost is borne by Party B.

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< p > twenty-eight, cultural relics and valuable articles < /p >

< < p > during the process of discovering cultural relics and valuable articles in the course of construction, Party B should inform the Party A, the Cultural Relics Bureau and the police bureau at the same time when taking measures to prevent damage and smashing. If these cultural relics are not easy to move, they should stop work on site and notify Party A representatives, specialized agencies and police stations.

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< p > twenty-nine, stoppage < /p >.

< p > only Party A's written order is allowed to stop Party B.

Party B is responsible for protecting the works during the downtime.

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< p > if the reason for the stoppage is not Party B, Party A shall give Party B less than the time limit for the downtime, and if the reason for the suspension is longer than six months, the second party shall have the right to request termination of the contract.

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< p > in this case, Party B has the right to claim for the actual loss of the construction cost and the downtime, but no other compensation is required.

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< p > thirty, < a href= "http://www.91se91.com/news/index_c.asp" > error > /a > fine > /p >

If Party B fails to complete the construction within the time limit stipulated in the contract or within other agreed time limits, he shall be liable to p penalty.

The ratio is as follows: < /p >

< p > If Party A considers that it can benefit from the completed works, the penalty for one day per error will be 1% of the total price. If Party A considers that the proceeds from the completed works can not be obtained, the penalty for one day per error will be 0.1% of the total project price.

In all cases, the penalty shall not exceed 5% of the total contract price. Even if the damage is not caused by the delay in the construction period, the time limit for penalty shall be fined. No reminder, no warning, no arbitration or any other measures shall be taken, nor shall the right of Party A be compensated for the loss caused by Party A's loss due to the time limit.

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< p > If Party A confirms that Party B's miscarriage is due to an accident cause, the penalty for the time penalty can be waived in whole or in part.

The fine may be deducted from the deposit or the amount of the sum payable by Party B at Party A or from any other public institution's due amount.

The deduction of any fine does not mean that Party B shall be relieved from the responsibility of undertaking construction and completing the agreed works.

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