Home >

Contract For Undertaking Foreign Projects

2014/7/20 15:31:00 28

??? 日本語 Fran?ais English 中文

Foreign Project Contract Contract

(1) general contract of works

date: month of 20, .

location:

this contract is signed by the parties hereto:

1. director of Municipal Health Bureau (hereinafter referred to as Party A)

2. manager of Overseas Engineering Department of construction engineering contract firms (authorized by building engineering contract firms on 19) (hereinafter referred to as Party B)

birthplace: (country)

Nationality: (country)

headquarters: (country) city .

the address in A country: mailbox

in view of the teaching building of 10000m2, which is to be built by Party A, Party B's acceptance of the quotation has been accepted by the bidding committee of the Municipal Health Bureau on December 1 and has been accepted.

According to the A resolution 318th of February 5, 1983, the two parties have signed a contract below:

(1) contract contents

Party B shall complete the construction of the teaching building of the school 10000m2 in the city according to the terms and conditions of the contract, the technical specifications, the design drawings, the scale of works, the price list and the written agreement with the terms of the contract.

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

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

(two) the contract amount is less than /p.

the total amount of this contract is "d".

The ratio of US dollars to US dollars is 70%.

this amount is calculated by the unit price by the actual engineering quantity, which means "budget estimate project".

As for the "piecewise project", payment is made according to the interim report, and the writing method of the interim report should be agreed by both parties in the contract.

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

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 has no right to ask for any increase in the contract price for any reason, such as rising market prices, floating price of money, raising living expenses, raising the base level of wages, adjusting tax laws, customs duties and taxes, and increasing taxes at home and abroad in A.

(three) duration is less than /p.

Party B must complete the construction of the whole contract project 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 B considers that it is impossible to complete the project on schedule on account of some irresistible causes, it may notify the party in writing, explain the reasons and request for an increase in the time limit.

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

(four) pfer site

carry out site pfer according to the notice issued by Party A to Party B.

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

The date of drafting the minutes is equal to the time when Party B receives the venue.

(five) check site

Party B admitted that he had checked the land and surrounding environment before he signed the contract, and had grasped all the conditions related to the construction or influence on the construction, such as geology 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.

(six) performance bond .

Party B shall deposit the performance bond with Party A within 30 days from the second day after being informed of the successful tender, the amount being 20% of the total amount of the contract, or add the bid security deposit previously deposited to the above ratio within the specified time limit.

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

cash, credit check, or guarantee under the conditions stipulated in article tenth of the contract.

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.

the deposit shall always be retained by Party A as a guarantee for 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 has the right to claim, and only notify Party B by registered mail without having to resort to court or take other measures.

Party A shall have the right to claim from Party B any debts which are in arrears in any proceeds of this contract.

(seven) drawings and specifications are perfect.

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 will be responsible for these opinions, just as it was raised by itself.

(eight) the construction schedule is .

Party B shall submit a construction plan to Party A within 15 days from the time of receiving the work, and clarify the methods adopted, the progress of the construction, 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 Party A's opinions and construction progress.

(nine) contract contents change

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.

The increase or decrease in the actual amount of the contract is within 15% of the contract value, and Party B has no right to claim any compensation.

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.

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 may propose to Party A the extension of the time limit within two weeks from the date of the notice of 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.

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

(ten) payment terms

1. after Party B receives the construction site, submit the performance guarantee letter 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 the letter of guarantee equivalent to the advance payment. The guarantee shall remain valid throughout the construction period, and shall be opened from a bank of A country 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.

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. They should be intact during installation, but all the machinery belonging to Party B is not included, because these machines are not part of the project but are only introduced to the site for construction.

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.

3. to meet the requirements and specifications and actually completed the project, Party A pays the cost of Party B to Party B on the basis of the unit price determined by both parties.

The amount of these payments shall be determined according to the twenty-fifth provision of the contract 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 stipulated in this article, and shall make it within 45 days of the approval of the project report by Party A.

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

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

When payment is less than 45 days, Party B can claim interest at the interest rate stipulated by the bank.

As 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 not be liable to pay interest for its overdue payment.

Similarly, due to defects, negligence and errors in the report, whether it is discovered by Party A or before being paid by any auditing and supervising unit of A, it is found that Party A has no obligation to pay interest on 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 prepayment, contract final accounts, overdue refunds, and materials.

In a word, this regulation is only suitable for monthly project progress.

4. the amount paid by Party B to the parties concerned of A shall be deducted from the proceeds of the contract signed with Party A.

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 to Party B.

It can also be paid to Party B according to a letter of guarantee which is equal to the above requirements and is equivalent to the above proportion. The letter of guarantee is valid within 30 days from the date of preliminary acceptance.

6., in compliance with the monetary management law and relevant provisions, Party B can remit imported materials and equipment and funds to foreign countries for overseas purchase.

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

(eleven) l / C

for the construction of this contract, materials and equipment cost needed to be imported from abroad can be exchanged for foreign exchange by a letter of credit opened by a A country bank.

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.

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.

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 is carried out in the following ways:

1. when each shipment is to pay 75% amount, the following documents should be provided:

(1) five certified original bill.

P > (2) a set of shipping documents confirmed that the freight has been paid at the normal shipping price.

(3) insurance documents for Party A to undertake all risks for Party A by a state insurance company of state A, which are in the insurance range from the manufacturing plant to the project site of the country of A.

(4) shipping list.

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

(6) the manufacturer's certificate and the A consulate or consulate abroad are certified on the original.

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.

3. 10% of the amount of the letter of credit is kept at the end of the initial acceptance of the whole contract project.

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

(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.

customs revenue and all storage costs, the expenses for the goods to be pported to the site, and the loading and unloading fees will not be waiver by the parties concerned unless they are delivered according to the law.

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.

(thirteen) perfect construction

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.

all costs shall be borne by Party B for any part of the works which is rejected by Party A due to defective material or rough or incorrect construction.

(fourteen) third party insurance

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 (signs and indicators) for day and night according to traffic regulations.

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.

(fifteen) project insurance

Party B shall pay an insurance premium to 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 clause of this contract, the insurance can only be concluded when the project is initially received.

(sixteen) Party B fails to fulfill its duty of insurance .

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 paid the amount.

(seventeen) the sub contract is .

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

In all cases, Party B, who subcontracts part of the project, is always responsible for the execution of this contract with his sub contractor.

(eighteen) pfer contract

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:

1. for the pfer of Party A without Party A's written consent.

2. such pfer does not affect Party A's rights to Party B.

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

(nineteen) construction supervision

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 considers that the progress of the project is slow, Party B may give written warning to Party B, require additional workers, increase machinery and 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.

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 notified to Party B in writing and recorded on the spot record; 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 the conditions of the accessories.

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.

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 Party A should make the necessary inspection and submit comments as soon as possible, and record the inspection results on the site record.

(twenty) party a engineer office .

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.

(twenty-one) Party B's on-site representative .

Party B shall appoint a site representative to receive and execute the instructions of Party A engineer, and at the same time, he shall establish a technical organization with the same construction experience and high technical level, and the members of the organization shall be at the scene throughout the working period.

for the selection and replacement of Site Representatives and technical organizations, Party A shall agree with Party A in advance.

If necessary, Party A has the right to ask for replacement, which does not affect Party B's responsibility for perfect construction.

(twenty-two) provides convenience for management and other contractors.

Party B, the responsible person, representative and staff of the building site shall provide necessary convenience for party a engineer, including checking, measuring, testing and other works at the scene, while taking care of other contractors' construction at the scene and nearby areas, and creating favorable conditions for their construction.

(twenty-three) maintain site order

Party B is responsible for maintaining the order at the scene. For those employees who neglect their duties, refuse to execute the engineer's instructions, or have poor technical capability or require the dismissal of the relevant authorities, Party B shall deliver them to the scene within 24 hours after receipt of Party A's written order, and shall immediately report any disturbance to public order.

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

Party B shall at least keep two sets of contract documents, technical specifications, engineering drawings and other documents related to the project, so as to see Party A's engineer or his representative when needed.

(twenty-five) the calculation of completed works is .

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.

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

(twenty-six) equipment processing

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.

(twenty-seven) to protect public facilities

If Party B finds any wiring, plumbing or other things in the process of digging earthwork, Party B shall 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.

(twenty-eight) < a href= "http://? www.91se91.com/news/index_c.asp" > cultural relics < /a > valuable articles

< 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 immediately 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 and specialized agencies or police stations.

(twenty-nine) stop work

only Party B is allowed to suspend work according to Party A's written order.

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

if the reason for the stoppage is not Party B, Party A shall make up the works equivalent to the downtime for Party B. if the shutdown time exceeds 6 months and the cause is attributed to Party A, Party B has the right to request termination of the contract.

under such circumstances, Party B has the right to claim for the cost of construction and the actual loss during the shutdown, but no other compensation is required.

(thirty) < a href= "http://? www.91se91.com/news/index_f.asp" > miscarriage penalty > /a > /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:

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 of the extension project. 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 penalty for the time limit is to 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 incurred by Party A.

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.

If Party B still has enough money to repay the delay penalty at Party A, Party A can postpone the return of the penalty according to his own comprehensive estimate.

However, Party B shall make an application and clarify the detailed reasons for the delay in paying the fine and the time limit for the delay.

(thirty-one) rescind the contract .

Party A shall have the right to rescind the contract and confiscate the deposit if it does not affect the right of a party to get the penalty and the right of compensation.

1. Party B postponed the construction or was very slow in construction. Although the written reminder was given, party a still considered it impossible for him to complete the contract project on schedule.

2.. If Party B stops working for more than 15 days, the reason for shutting down shall not be accepted by Party A.