工厂建造合
第条 定义
业指_________
承包商指_________
工厂指附录_________中指定构成固定设备全部机器设备材料
工指合建造工厂全部土
工程指承包商合实施工程
合价格指业承包商支付全部工程款项
第二条 承包商职责
1．承包商应负责设计筹划工建造工厂
2．业根第_________条提供项目设施承包商应提供工厂成功建造必需设备材料工具设施劳工服务
3．承包商应根附录_________中日程安排施工
4．承包商应根附录_________中规定业培训工厂设备操作维修员
5．承包商应业提供附录_________中规定备件
6．承包商应业提供附录_________中指定维修设备
第三条 业职责
1．业应提供工合效期允许承包商受干扰出入该工
2．业应时提供附录_________中指定物件设施
3．业关部门获取工厂建造设备运行必需执许证包括承包商雇员工作许证
4．业应第_________条中规定合价格承包商支付工程款项
第四条 合价格
1．合生效_________天业应承包商支付金额合价格作承包商完成该工程承担合规定义务全部报酬
2．合价格调完成工种成风险应承包商承担商定合价格时应认承包商已获全部信息已影响成素估计
第五条 设计图样
1．承包商应根合附录_________规定时间业提交工厂建造需图样供业审批业应收图样月图样进行审核作出批准批准决定
2．承包商应述图样中缺点错误疏漏负责非种缺点错误疏漏业书面提供准确信息致
3．业承包商互相提供图样技术资料收方应作机密文件非商定收方图样资料合关目
第六条 检验
1．承包商应该法律正常工程惯例求负责工厂检验试验工作
2．业权适时间建造中工厂材料工艺进行检验测试费理种检验测试免承包商合中应义务
3．完工工厂应业进行检验测试工厂时测试承包商应提前书面形式通知业
4．承包商应根业合理求彻底效检测提供需协助劳力材料电力燃料设备备品仪器
5．工厂通述测试业应承包商签发份表示通测试证书检测中发现问题未圆满解决工厂移交
第七条 工
1．承包商应工提供令业满意材料劳力设备服务便利便利施工完工
2．总体述保证前提承包商应提供列项必需品：
a．建筑设备
b．工运输工具包括时道路
c．保护员财产安全需篱笆灯光岗哨材料服务
d．材料施工员（包括业雇员）提供时仓库办公室房屋建筑
e．整工程移交前提供电话灭火设备急救设备
f．供施工员卫生设备食堂
3．承包商应遵守法律规定安全条例
4．时承包商应业房产邻建筑物车道街道堆积施工建筑材料建筑垃圾工程完工应建筑物周围清剩材料保持工工厂安全整洁备
第八条 承包商工作员
1．承包商费全部工作员提供饮食交通切必便利
2．合签署承包商应指定名项目理工程进行程中全权代表承包商工作时间坐镇施工现场业项目理发出指示发承包商样样具约束力
3．果业认工承包商雇员品行端胜工作失职行求承包商调离更换
第九条 责
1．工厂终验收前承包商应工厂损失损坏负责费修复直业满意然果根合类损坏责承包商业求予修复承包商应业指示办理费业负担
2．验收合格证书签发前承包商分包商疏忽设计材料工艺缺陷产生财产损失身伤害承包商应业赔偿保护业免受产生种诉讼索赔求费支出
3．果业某种原遭受索赔诉讼条款规定承包商应该该事承担法律责业应立书面通知承包商承包商应业名义接手通谈判处理解决产生诉讼承担切费承包商求业应承包商提供承包商处理类索赔诉讼需资料帮助
第十条 保险
1．限制承包商责情况承包商费投保列险：
a．机器设备工厂交货目运输险
b．承包商分包商雇员投保雇员赔偿险者根适法律法规投保类似法定社会保险
c．防备财产损坏身伤害产品责险期限维修期结束次事件金额少_________美元
d．承包商分包商执行合中车辆投保综合汽车责险
2．述保险单应承包商分包商业工程师顾问雇员代理联合投保保险单应包含保险放弃业工程师顾问雇员代理代位权条款
3．承包商应保持述保单完全效性直合规定义务解止业权时索取保单背书续保保险费收复印件果承包商未全面投保业应权代表承包商办理述保险支付相关保费支付承包商款项中扣关费
第十条 完工
1．俟工厂全部建设安装工程完工承包商应通知业根附录_________规定进行机械安装完成测试工作直业满意
2．测试圆满结束业应签发份完工证明书完工证明书签发前工厂进料
3．果建造安装中出现影响完成安装缺陷者测试中测出影响工厂开工缺陷业应签发完工证明书承包商义务快修复足处
第十二条 验收
1．完工证明书颁发承包商应提前_________天工厂性测试时间通知业
2．测试准时开始业应附录_________中求提供原料设备承包商应通知时间开始性测试
3．性测试附示_________规定进行测试成功业应签发份验收证明书证明工厂已证书签发日起移交业
4．果工厂未通性测试承包商进行认必调整应业场情况重新进行测试时间双方商定条件旧
5．验收合格证书签发前工厂投入商业性运转工厂未通性测试业酌情颁发验收合格证书条件承包商必须快纠正工厂存问题
第十三条 违约赔偿金
1．果承包商原导致性测试次失败双方继续重新测试协议次测试结果进行评估承包商根附录_________规定业支付违约赔偿费费率超合价格_________％
2．果承包商身原未合生效_________月获整工厂验
收合格证书承包商须根附录_________规定业月支付相合价格_________％拖延赔偿费超合价格_________％
3．承包商应根附录_________规定格式开立份业受益金额合价格_________％保证书作履行条款项义务保证
第十四条 保修
1．承包商保证验收合格证书签发日起_________月合生效日期_________月（先日期准）提供工厂设计材料工艺缺陷
2．发现问题果承包商代表现场工作业应_________天条款书面形式承包商提出全部求果承包商代表现场业应_________天航空邮件确证材料发承包商总公司承包商应更换修理缺陷零部件应允许承包商时出入工检查缺损部件履行保修条款果承包商某种特殊情况未适期限进行双方意补救工作业权行修复费承包商负担
3．保修先决条件业须承包商指示具体规定性参数工厂进行装备操作维护果业未承包商意试图行修正保修条款效
4．保修条款包括然损坏物件包括寿命_________月消耗品类似物件
5．果承包商遵更换设备材料工艺保修条款规定适修理更换设备材料工艺期限修理更换完成日起1年
第十五条 专利权专利费
1．承包商应全力保护业提供工帮时免遭侵犯第三方专利设计版权面诉讼索赔求种费
2．果承包商提供工程设计工厂设备制造供应工程建造中实施工作方法涉第三方专利应终第三方支付许证许知款规定应支付费专利费款项果业营该厂中部分时涉第三方专利应第三方支付许证许条款规定应支付费专利费款项
第十六条暂停
1．业权时承包商发出书面通知指示暂停工程部分整工程果暂停期超_________天合第_________条规定作终止合处理
2．果业未合规定日期_________天承包商支付款项者果承包商业履行合失误中断拖延工程进行承包商权暂停执行合
3．果工程条款规定暂停承包商权收取附加费补偿类暂停中断拖延合合理延期执行造成成增加
第十七条 合终止
1．第_________第规定果暂停时间持续超_________天方权通知方立终止合
2．业时书面命令承包商停工承包商收终止命令应停止工工作工程师出保护安全目整理已建正安装工程类工作继续承包商收终止命令应立停止正工外进行履行合工作
3．根条款第_________条规定合终止承包商权收取列费：
a．完成工程劳务相应部分合价格
b．已完成未移交工厂相应部分合价格
第十八条 抗力
1．果方抗力款履行推迟履行义务方负责应视作违反合
2．抗力指业承包商法控制情况事未合履行义务者延迟履行义务列情况均视作抗力：
a．战争敌事件外敌行动入侵类似战争军事行动（事宣战）战
b．士兵哗变民众暴乱军事叛乱起义造反革命篡权者代表某组织某组织联系旨暴力推翻合法现存政府恐怖义暴力政府施加影响行
c．震洪水火灾然灾害
d．港口机场船运公交通工具均遭拒绝
e．工罢工工厂停工劳工联合行动影响承包商分包商履行义务
f．事法控制履行义务意外情况
3．果合方抗力延迟履行合规定义务抗力造成延迟妨碍情况通知方发出通知方允许根具体情况妨碍延迟持续时间免履行推迟履行合
4．根第款第3分条规定果方免履行推迟履行义务时间持续_________月方时方发出书面通知终止合
第十九条 转分包
1．承包商权惯例分包合合部分解承包商履行合义务
2．事先未方书面意方合中权利义务合部分转第三方非公司合改组出现种情况方应毫理予拒绝
第二十条 宣传
承包商作合相关宣传材料散发公开宣布前应征业意
第二十条 合生效日
1．合生效日双方签字业获事双方关局必批文日
2．果合签字日起_________天生效合视作效非双方商定
第二十二条 法律规定
1．承包商应履行合关事务中遵守适法律法规命令
2．合解释效力履行应完全_________国法律准
第二十三条 完整合
1．合约双方间完整协议取代前合事项关洽谈说明口头书面协议
2．合修改补充须业承包商双方书面意
第二十四条 合语言
合中文英语起草英文准方双均约束力
第二十五条 通知
1．合发出通知意指示命令决定应书面形式发送发送方式：方关官员面递交预付邮资航空传递通电报电传先发电报信件确认通讯址：
业：_________
承包商：_________
2．果通知意请求文件发某海外目邮寄日第_________天应视作已送交果发国目邮寄日第_________天视作已送交电报电传发出通知意请求应视作天送达
3．条款发送通知意批示决定应关方正式授权代表签字方时候欲变动收件址应书面形式通知方
承包商（盖章）：_________ 业（盖章）：_________
代表（签字）：_________ 代表（签字）：_________
_________年____月____日 _________年____月____日
签订点：_________ 签订点：_________
附件
article 1 definitions
the owner shall mean_________
the contractor shall mean_________
the plant shall mean all or any part of the machinery equipment and materials forming the permanent installation as specified in appendix(_________)
the site shall mean all the land where the plant is to be constructed in accordance with this contract
the works shall mean the works to be done by the contractor under this contract
the contract price shall mean the total sum payable to the contractor by the owner for the works
article 2 contractor＇s responsibilities
1 the contractor shall design engineer and construct the plant at the site
2 the contractor shall provide all equipment materials tools facilities labour and services necessary for the successful construction of the plant except those items and facilities to be supplied by the owner under article (_________)
3 the contractor shall perform the works in accordance with the schedule in appendix (_________)
4 the contractor shall provide the owner＇s personnel with training of operation and maintenance of the plant in accordance with appendix (_________)
5 the contractor shall supply the owner with the spare parts specified in appendix (_________)
6 the contractor shall supply the owner with the maintenance equipment specified in appendix (_________)
article 3 owner＇s responsibilities
1 the owner shall make available the site and grant the contractor free and uninterrupted access thereto throughout the duration of this contract
2 the owner shall provide those items and facilities specified in appendix (_________) at the time therein established
3 the owner will obtain from the relevant authorities those licenses and permits necessary to construct and operate the plant on the site including work permit for the contractor＇s employees
4 the owner shall pay the contractor for the works performed the contract price set out in article (_________)
article 4 contract price
1 within (_________) days after the effective date of this contract the owner shall pay the contractor as full and complete compensation for accomplishing the works and assuming all obligations under this contract the contract price in the amount of _________
2 the contract price is not subject to escalation and the cost of executing the works shall be the risk of the contractor who shall be deemed to have obtained all information and taken into account all circumstances which may affect the cost in agreeing the contract price
article 5 drawings
1 the contractor shall submit to the owner for approval and review within the time specified in appendix (_________) such drawings as may be required for construction of the plant under this contract within one month after receiving such drawings the owner shall review and approve or disapprove the drawing
2 the contractor shall be responsible for any defects errors or omissions in the above drawings unless such defects errors or omissions are caused by inaccurate information furnished in writing to the contractor by the owner
3 all drawings and technical documentation delivered by the owner or the contractor to the other party shall be treated as confidential by the receiving party unless agreed otherwise and shall not be used by that party for purposes other than those connected with this contract
article 6 inspection
1 the contractor shall perform all inspection and testing of the plant required by law and normal engineering practice
2 the owner shall be entitled at all reasonable times and at its own cost to inspect examine and test the materials and workmanship of the plant under construction such inspection examination or testing if made shall not release the contractor from any obligation under the contract
3 the completed plant shall be inspected examined and tested by the owner and the contractor shall give the owner reasonable notice in writing of the date on which the plant will be ready for testing
4 the contractor shall provide such assistance labour materials electricity fuels apparatus stores and instruments as may be required and as may be reasonably demanded to carry out such tests by the owner properly and efficiently
5 when the plant shall have passed the above tests the owner shall furnish the contractor with a certificate in writing to that effect no plant shall be delivered until any faults discovered during inspection are satisfactorily rectified
article 7 inspection
1 the contractor shall provide at the site to the reasonable satisfaction of the owner all materials labour equipment services and facilities that may be necessary for the proper execution and completion of the works 2 without prejudice to the generality of the above the contractor shall provide as may be necessary the following
（1）construction equipment
（2）means of transport within the site including temporary roadways
（3）fencing lighting and guarding and all other materials and services necessary for the safety and security of persons and property
（4）temporary stores offices and other buildings or structures for materials and persons engaged in the words including persons employed by the owner
（5）telephones firefighting equipment and firstaid equipment until the whole works have been taken over
（6）sanitary and canteen facilities for the use of persons engaged in the works
3 the contractor shall observe all safety and other regulations imposed on the site by local laws
4 the contractor shall at all times keep the owner＇s property and the adjoining premises driveways and streets free of construction materials and rubbish caused by the works and at the completion of the works shall remove all remaining materials from and about the premises and shall leave the site and plant safe clean and ready for use
article 8 inspection
1 the contractor will supply at his own cost food transprot and all necessary facilities for all his own personnel
2 on signing the contract the contractor shall appoint a project manager who will represent the contractor at all times be present at the site during working hours all communications issued by the owner to the project manager shall be binding as if given to the contractor
3 the owner may request the removal and replacement of any person employed by the contractor on the site if such person is in the owner＇s opinion guilty of misconduct incompetence or negligence
article 9 inspection
1 the contractor shall be responsible for all losses of or damage to the plant before final acceptance and shall make good al such loss or damage at the cost of the contractor and to the reasonable satisfaction of the owner provided however in the case of loss or damage to the plant arising from or occasioned by causes for which the contractor is mot responsible under the contract the same shall be made good by the contractor but at the cost of the owner if the owner so directs
2 the contractor shall indemnify the owner in respect of all damage and injury occurring before the issue of the final acceptance certificate to any property and person and against all actions suits claims demands charges and expenses arising in connection therewith which shall be occasioned by the negligence of the contractor or any of his subcontractors or by defective design materials or workmanship but not otherwise
3 in the event of any claim being made or actions brought against the owner arising out of any matter in respect of which the contractor is or may be liable under this article the owner shall promptly notify the contractor in writing thereof and the contractor shall at his own expense take over and conduct in the name of the owner all negotiations for the settlement of the same and any litigation that may arise therefrom the owner shall at the request of the contractor afford all such information and assistance as the contractor may reasonably require for the purpose of dealing with any such claim or action
article 10 inspection
1 without limiting the contractor＇s liabilities the contractor will at his own expense take out the following insurance
（1）transportation insurance on the machine and equipment from its delivery ex works to arrival at the site
（2）workers compensation insurance for all contractor＇s and subcontractor＇s employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations
（3）product liability insurance against damage to property or injury to persons until the end of the maintenance period in the sum not less that (amount) us dollars per occurrence
（4）comprehensive automobile liability insurance in respect of all vehicles used by the contractor or his subcontractor in connection with his contract
2 the aforesaid policies of insurance will be taken out in the names of the contractor and its subcontractors the owner their engineer consultant and employees and agents as the joint insured and the policies shall contain a waiver of insurer＇s rights of subrogation against the owner its engineer consultant and employees and agents
3 the contractor shall maintain the aforesaid policies in full force and effect until the discharge of his obligations under this contract and the owner shall have the right to demand from time to time copies of the policies endorsements and renewals and receipts for payment of insurance premiums if the contractor fails to maintain any of these policies in full force and effect the owner shall have the right to rake out such policies and pay all relative premiums on behalf of the contractor and to deduct the relevant costs from and sums owing to the contractor
article 11 inspection
1 on completion of all construction and erection work of the plant the contractor shall inform the owner and shall carry out mechanical erection completion tests specified in appendix (_________) to the satisfaction of the owner
2 on satisfactory completion of such tests the owner will issue a certificate of completion of erection of the plant no feedstock shall be fed into the plant until a certificate of completion of erection has been issued
3 in the event of minor deficiencies in the construction and erection work which do not prevent erection completion andor in the event of defects revealed by the tests which do not prevent the startup of the plant the owner shall issue a certificate of completion of erection and the contractor shall be obliged to rectify the deficiencies as quickly as possible thereafter
article 12 inspection
1 following the issue of the certificates of completion of erection the contractor shall give the owner (_________) days notice of the date when he will be ready to carry out performance tests of the plant
2 the owner shall provide the feedstock and other facilities required in appendix (_________) to enable the tests to commence on time and the contractor shall begin the performance tests at the time so notified
3 the performance tests will be carried out in acceptance with the provisions of appendix (_________) and on their successful completion the owner shall issue a final acceptance certificate stating that the plant has been taken over by the owner as from the date thereof
4 if the plant fails to pass its performance test then the contractor after making such adjustments as he considers necessary shall repeat such tests in the presence of the owner at a time to be agreed upon under the same terms and conditions as the original tests
5 the plant shall not be commercially operated before the issue of the final acceptance certificate notwithstanding the failure of the plant to pass its performance tests the owner may at his discretion issue a final acceptance certificate subject to the contractor remedying the plant defects as soon as possible
article 13 inspection
1 in the event of any repeat of a performance test failing for reasons imputable to the contractor and there being no mutual agreement to continue retesting the results of the final test will be measured and the contractor will be liable to pay to the owner liquidated damages on the scale set out in appendix
（_________） up to a maximum of （_________） of the contract price
2 if the contractor is unable for reasons within his control to obtain a final acceptance certificate for the whole plant by（_________） months from the effective date of this contract he shall be liable to pay to the owner for each month＇s delay liquidated damages of（_________） of the contract price up to a maximum of （_________） of the contract price in accordance with appendix（_________）
3 the contractor shall establish in favour of the owner a guarantee for（_________） of the contract price in the form set out in appendix（_________） in support of his obligations under this article
article 14 inspection
1 the contractor warrants for a period of （_________） months from the date of issue of the final acceptance certificate or（_________） months from the effective date of this contract whichever is the earlier the supplied plant against faulty design material and workmanship
2 the owner shall inform the contractor in writing of all claims arising under this provision within（_________）days of the detection of fault if the contractor＇s representative is on site or within（_________）days if not to the contractor＇s head office by telex r recorded air mail delivery with supporting data the contractor shall have the option to replace or repair all parts proved deficient for this purpose the contractor shall have the option to replace or repair all parts proved deficient for this purpose the contractor shall have an access to the site to inspect the faulty parts at any time and to enable him to comply with the terms of this guarantee should the contractor fail to carry out agreed remedial work within any period of time reasonable in the particular circumstance the owner shall have the right to do this work at the contractor＇s expense
3 this warranty is given subject to the owner storing operating and maintaining the plant in accordance with the contractor＇s instructions and specified operating parameters and may be nullified in the event of the owner attempting rectification work without the contractor＇s agreement
4 this warranty does not include items which fail due to natural wear and tear or consumables or similar items whose natural life is (_________) months or less
5 if pursuant to the above warranty the contractor repairs or replaces any equipment materials or workmanship the provisions of this article shall them apply to said repaired or replaced equipment materials or workmanship for a period of one year from the date such repairs or replacements are completed
article 15 patent rights and royalties
1 the contractor shall fully indemnify the owner against all actions claims demands costs charges and expenses arising from or incurred by reason of any infringement of patents design or copyright of third parties by the use of the plant supplied by the contractor
2 the contractor shall also be responsible for the payment to third parties of all fees royalties and other charges if and that may be payable under the terms of any license or permission in respect of any design of the works provided by the contractor the manufactured and supply of the plant and any work done or method employed in the construction of the works however the owner shall be responsible for the payment to third parties of all fees royalties and other charges if any that may be payable under the terms of any license or permission in respect of the operation or use of the plant or any part thereof
article 16 suspension
1 the owner shall have the right to instruct the contractor to suspend any part or the whole of the works at any time upon giving written notice to the contractor provided that any period of suspension exceeding (_________) days shall be treated as termination under article (_________)
2 if the owner fails to make any payment to the contractor under this contract within (_________) days of the due date or if the contractor is otherwise interrupted or delayed in the performance of the works due to the owner＇s contractual default the contractor shall be entitled to suspend performance of this contract
3 in the event of suspension of the works in accordance with this article the contractor shall be entitled to receive such reasonable additional payment as may be necessary to compensate for the additional costs arising out of such suspension interruption or delay and such reasonable extension of time for performance of contract
article 17 termination
1 in the event of suspension in accordance with article (_________) lasting for a period of more than (_________) days either party shall have the right to give notice to the other party of the immediate termination of this contract
2 the owner may at any time by written order to the contractor order the contractor to cease further execution of the works and the contractor shall upon receipt of a termination order cease all further work on the site other than such work thereon as the engineer may instruct for the purpose of protecting making safe or tidying up such parts of the works as may already have been executed or be in course of erection the contractor shall as soon as practicable after receipt of the termination order also cease all such further work as is being done off the site in the performance of this contract
3 upon termination of this contract under this article and under article (_________) the contractor shall be entitled to be paid
（1）that part of the contract price which is proportionate to engineering and services carried out and
（2）that part of the contract price which is proportionate to the plant completed but not delivered
article 18 force majeure
1 no party to this contract shall be liable to the other party for any failure of or delay in performance of its obligations hereof nor be deemed to be in breach of this contract if such failure or delay has arisen from force majeure
2 force majeure means circumstances and conditions beyond the control of either parties that would render it impossible for either the owner or the contractor to fulfill their obligations under this contract or delay such fulfillment any of the following matters are considered force majeure
（1）war hostilities act of foreign enemy invasion warlike operations (whether war to be declared or not) or civil war
（2）mutiny civil commotion assuming the proportions of or amounting to a popular rising military rising insurrection rebellion revolution military or usurped power or any act of any person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the government de jure or de facto or to the influencing of it by terrorism or violence
（3）earthquake flood fire or other natural physical disaster
（4）denial of the use of all ports airports shipping services or other means of public transport
（5）trike or lock out or other industrial concerted action by workers affecting the fulfillment of contractor＇s and subcontractors＇ obligations
（6）and other unforeseen circumstances beyond the control of the parties so affected rendering the fulfillment of their obligations impossible
3 if either party to this contract is prevented or delayed from or in performing any of his obligations under this contract by force majeure then he may notify the other party of the circumstances constituting the force majeure and of the obligation performance of which is thereby delayed or prevented and the party giving the notice shall thereupon be excused from the performance or punctual performance as the case may be of such obligation for so long as the circumstances of prevention or delay may continue
4 if by virtue of the preceding subclause dither party shall be excused from the performance or punctual performance of any obligation for a continuous period of (_________) months then either party may at any time thereafter terminate this contract by giving a written notice to the other party
article 19 assignment and subcontractors
1 the contractor shall have the right to subcontract this contract or any part thereof in accordance with his usual practice without relieving the contractor of the obligations of performing this contract
2 neither party shall without the previous consent in writing of the other party assign or any part thereof to any third party except in the case of a company amalgamation or reconstruction provided that such consent shall not be unreasonably withheld
article 20 publicity
the contractor shall obtain the owner＇s approval prior to making any publicity releases or public announcements relating to this contract
article 21 effective date of the contract
1 the effective date of this contract shall be the date after its execution when all the necessary approvals of the respective authorities have been obtained by the owner
2 if the contract does not become effective within（_________） days from the date of execution it will be deemed void unless otherwise agreed between the parties
article 22 law and regulations
1 the contractor shall in all matters relating to the performance of this contract conform with all applicable laws regulations and orders of central or local authorities
2 the construction validity and performance of this contract shall be governed in all respects in accordance with the laws of _________
article 23 entire contract
1 this contract constitutes the entire agreement between the parties hereto and supersedes all prior negotiations representations or agreements whether oral or in writing relative to the subject matter of this contract
2 this contract shall be altered or supplemented only by mutual consent in writing between the owner and the contractor
article 24 language of the contract
this contract was drafted in english language and the english text of this contract shall be valid and binding upon the parties hereto
article 25 notices
1 every notice consent instruction order or decision given under this contract shall be given or made in writing and either personally served on an officer of the party to whom it is given or airmailed postprepaid or sent by telegram telex or cable subsequently confirmed by letter addressed as follows tothe owner (address) _________to the contractor (address) _________
2 notices consents requests and other documents shall be deemed delivered or given if mailed to an overseas destination on the (_________) th day after the date of mailing and if mailed to a domestic destination the (_________) th day after the date of mailing notices
consents or requests sent by telegram telex or cable shall be deemed delivered or given on the day they are despatched
3 any notice consent instruction or decision given under this article shall be signed on behalf of either party by any duly authorised representative of that party either of the parties may change his address for receipt of notices instructions or decisions and other documents at any time by giving notice thereof in writing to the other party
the owner (signature)_________ the contractor(signature)_________
date_________ date_________
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第条 定义
业指_________
承包商指_________
工厂指附录_________中指定构成固定设备全部机器设备材料
工指合建造工厂全部土
工程指承包商合实施工程
合价格指业承包商支付全部工程款项
第二条 承包商职责
1．承包商应负责设计筹划工建造工厂
2．业根第_________条提供项目设施承包商应提供工厂成功建造必需设备材料工具设施劳工服务
3．承包商应根附录_________中日程安排施工
4．承包商应根附录_________中规定业培训工厂设备操作维修员
5．承包商应业提供附录_________中规定备件
6．承包商应业提供附录_________中指定维修设备
第三条 业职责
1．业应提供工合效期允许承包商受干扰出入该工
2．业应时提供附录_________中指定物件设施
3．业关部门获取工厂建造设备运行必需执许证包括承包商雇员工作许证
4．业应第_________条中规定合价格承包商支付工程款项
第四条 合价格
1．合生效_________天业应承包商支付金额合价格作承包商完成该工程承担合规定义务全部报酬
2．合价格调完成工种成风险应承包商承担商定合价格时应认承包商已获全部信息已影响成素估计
第五条 设计图样
1．承包商应根合附录_________规定时间业提交工厂建造需图样供业审批业应收图样月图样进行审核作出批准批准决定
2．承包商应述图样中缺点错误疏漏负责非种缺点错误疏漏业书面提供准确信息致
3．业承包商互相提供图样技术资料收方应作机密文件非商定收方图样资料合关目
第六条 检验
1．承包商应该法律正常工程惯例求负责工厂检验试验工作
2．业权适时间建造中工厂材料工艺进行检验测试费理种检验测试免承包商合中应义务
3．完工工厂应业进行检验测试工厂时测试承包商应提前书面形式通知业
4．承包商应根业合理求彻底效检测提供需协助劳力材料电力燃料设备备品仪器
5．工厂通述测试业应承包商签发份表示通测试证书检测中发现问题未圆满解决工厂移交
第七条 工
1．承包商应工提供令业满意材料劳力设备服务便利便利施工完工
2．总体述保证前提承包商应提供列项必需品：
a．建筑设备
b．工运输工具包括时道路
c．保护员财产安全需篱笆灯光岗哨材料服务
d．材料施工员（包括业雇员）提供时仓库办公室房屋建筑
e．整工程移交前提供电话灭火设备急救设备
f．供施工员卫生设备食堂
3．承包商应遵守法律规定安全条例
4．时承包商应业房产邻建筑物车道街道堆积施工建筑材料建筑垃圾工程完工应建筑物周围清剩材料保持工工厂安全整洁备
第八条 承包商工作员
1．承包商费全部工作员提供饮食交通切必便利
2．合签署承包商应指定名项目理工程进行程中全权代表承包商工作时间坐镇施工现场业项目理发出指示发承包商样样具约束力
3．果业认工承包商雇员品行端胜工作失职行求承包商调离更换
第九条 责
1．工厂终验收前承包商应工厂损失损坏负责费修复直业满意然果根合类损坏责承包商业求予修复承包商应业指示办理费业负担
2．验收合格证书签发前承包商分包商疏忽设计材料工艺缺陷产生财产损失身伤害承包商应业赔偿保护业免受产生种诉讼索赔求费支出
3．果业某种原遭受索赔诉讼条款规定承包商应该该事承担法律责业应立书面通知承包商承包商应业名义接手通谈判处理解决产生诉讼承担切费承包商求业应承包商提供承包商处理类索赔诉讼需资料帮助
第十条 保险
1．限制承包商责情况承包商费投保列险：
a．机器设备工厂交货目运输险
b．承包商分包商雇员投保雇员赔偿险者根适法律法规投保类似法定社会保险
c．防备财产损坏身伤害产品责险期限维修期结束次事件金额少_________美元
d．承包商分包商执行合中车辆投保综合汽车责险
2．述保险单应承包商分包商业工程师顾问雇员代理联合投保保险单应包含保险放弃业工程师顾问雇员代理代位权条款
3．承包商应保持述保单完全效性直合规定义务解止业权时索取保单背书续保保险费收复印件果承包商未全面投保业应权代表承包商办理述保险支付相关保费支付承包商款项中扣关费
第十条 完工
1．俟工厂全部建设安装工程完工承包商应通知业根附录_________规定进行机械安装完成测试工作直业满意
2．测试圆满结束业应签发份完工证明书完工证明书签发前工厂进料
3．果建造安装中出现影响完成安装缺陷者测试中测出影响工厂开工缺陷业应签发完工证明书承包商义务快修复足处
第十二条 验收
1．完工证明书颁发承包商应提前_________天工厂性测试时间通知业
2．测试准时开始业应附录_________中求提供原料设备承包商应通知时间开始性测试
3．性测试附示_________规定进行测试成功业应签发份验收证明书证明工厂已证书签发日起移交业
4．果工厂未通性测试承包商进行认必调整应业场情况重新进行测试时间双方商定条件旧
5．验收合格证书签发前工厂投入商业性运转工厂未通性测试业酌情颁发验收合格证书条件承包商必须快纠正工厂存问题
第十三条 违约赔偿金
1．果承包商原导致性测试次失败双方继续重新测试协议次测试结果进行评估承包商根附录_________规定业支付违约赔偿费费率超合价格_________％
2．果承包商身原未合生效_________月获整工厂验
收合格证书承包商须根附录_________规定业月支付相合价格_________％拖延赔偿费超合价格_________％
3．承包商应根附录_________规定格式开立份业受益金额合价格_________％保证书作履行条款项义务保证
第十四条 保修
1．承包商保证验收合格证书签发日起_________月合生效日期_________月（先日期准）提供工厂设计材料工艺缺陷
2．发现问题果承包商代表现场工作业应_________天条款书面形式承包商提出全部求果承包商代表现场业应_________天航空邮件确证材料发承包商总公司承包商应更换修理缺陷零部件应允许承包商时出入工检查缺损部件履行保修条款果承包商某种特殊情况未适期限进行双方意补救工作业权行修复费承包商负担
3．保修先决条件业须承包商指示具体规定性参数工厂进行装备操作维护果业未承包商意试图行修正保修条款效
4．保修条款包括然损坏物件包括寿命_________月消耗品类似物件
5．果承包商遵更换设备材料工艺保修条款规定适修理更换设备材料工艺期限修理更换完成日起1年
第十五条 专利权专利费
1．承包商应全力保护业提供工帮时免遭侵犯第三方专利设计版权面诉讼索赔求种费
2．果承包商提供工程设计工厂设备制造供应工程建造中实施工作方法涉第三方专利应终第三方支付许证许知款规定应支付费专利费款项果业营该厂中部分时涉第三方专利应第三方支付许证许条款规定应支付费专利费款项
第十六条暂停
1．业权时承包商发出书面通知指示暂停工程部分整工程果暂停期超_________天合第_________条规定作终止合处理
2．果业未合规定日期_________天承包商支付款项者果承包商业履行合失误中断拖延工程进行承包商权暂停执行合
3．果工程条款规定暂停承包商权收取附加费补偿类暂停中断拖延合合理延期执行造成成增加
第十七条 合终止
1．第_________第规定果暂停时间持续超_________天方权通知方立终止合
2．业时书面命令承包商停工承包商收终止命令应停止工工作工程师出保护安全目整理已建正安装工程类工作继续承包商收终止命令应立停止正工外进行履行合工作
3．根条款第_________条规定合终止承包商权收取列费：
a．完成工程劳务相应部分合价格
b．已完成未移交工厂相应部分合价格
第十八条 抗力
1．果方抗力款履行推迟履行义务方负责应视作违反合
2．抗力指业承包商法控制情况事未合履行义务者延迟履行义务列情况均视作抗力：
a．战争敌事件外敌行动入侵类似战争军事行动（事宣战）战
b．士兵哗变民众暴乱军事叛乱起义造反革命篡权者代表某组织某组织联系旨暴力推翻合法现存政府恐怖义暴力政府施加影响行
c．震洪水火灾然灾害
d．港口机场船运公交通工具均遭拒绝
e．工罢工工厂停工劳工联合行动影响承包商分包商履行义务
f．事法控制履行义务意外情况
3．果合方抗力延迟履行合规定义务抗力造成延迟妨碍情况通知方发出通知方允许根具体情况妨碍延迟持续时间免履行推迟履行合
4．根第款第3分条规定果方免履行推迟履行义务时间持续_________月方时方发出书面通知终止合
第十九条 转分包
1．承包商权惯例分包合合部分解承包商履行合义务
2．事先未方书面意方合中权利义务合部分转第三方非公司合改组出现种情况方应毫理予拒绝
第二十条 宣传
承包商作合相关宣传材料散发公开宣布前应征业意
第二十条 合生效日
1．合生效日双方签字业获事双方关局必批文日
2．果合签字日起_________天生效合视作效非双方商定
第二十二条 法律规定
1．承包商应履行合关事务中遵守适法律法规命令
2．合解释效力履行应完全_________国法律准
第二十三条 完整合
1．合约双方间完整协议取代前合事项关洽谈说明口头书面协议
2．合修改补充须业承包商双方书面意
第二十四条 合语言
合中文英语起草英文准方双均约束力
第二十五条 通知
1．合发出通知意指示命令决定应书面形式发送发送方式：方关官员面递交预付邮资航空传递通电报电传先发电报信件确认通讯址：
业：_________
承包商：_________
2．果通知意请求文件发某海外目邮寄日第_________天应视作已送交果发国目邮寄日第_________天视作已送交电报电传发出通知意请求应视作天送达
3．条款发送通知意批示决定应关方正式授权代表签字方时候欲变动收件址应书面形式通知方
承包商（盖章）：_________ 业（盖章）：_________
代表（签字）：_________ 代表（签字）：_________
_________年____月____日 _________年____月____日
签订点：_________ 签订点：_________
附件
article 1 definitions
the owner shall mean_________
the contractor shall mean_________
the plant shall mean all or any part of the machinery equipment and materials forming the permanent installation as specified in appendix(_________)
the site shall mean all the land where the plant is to be constructed in accordance with this contract
the works shall mean the works to be done by the contractor under this contract
the contract price shall mean the total sum payable to the contractor by the owner for the works
article 2 contractor＇s responsibilities
1 the contractor shall design engineer and construct the plant at the site
2 the contractor shall provide all equipment materials tools facilities labour and services necessary for the successful construction of the plant except those items and facilities to be supplied by the owner under article (_________)
3 the contractor shall perform the works in accordance with the schedule in appendix (_________)
4 the contractor shall provide the owner＇s personnel with training of operation and maintenance of the plant in accordance with appendix (_________)
5 the contractor shall supply the owner with the spare parts specified in appendix (_________)
6 the contractor shall supply the owner with the maintenance equipment specified in appendix (_________)
article 3 owner＇s responsibilities
1 the owner shall make available the site and grant the contractor free and uninterrupted access thereto throughout the duration of this contract
2 the owner shall provide those items and facilities specified in appendix (_________) at the time therein established
3 the owner will obtain from the relevant authorities those licenses and permits necessary to construct and operate the plant on the site including work permit for the contractor＇s employees
4 the owner shall pay the contractor for the works performed the contract price set out in article (_________)
article 4 contract price
1 within (_________) days after the effective date of this contract the owner shall pay the contractor as full and complete compensation for accomplishing the works and assuming all obligations under this contract the contract price in the amount of _________
2 the contract price is not subject to escalation and the cost of executing the works shall be the risk of the contractor who shall be deemed to have obtained all information and taken into account all circumstances which may affect the cost in agreeing the contract price
article 5 drawings
1 the contractor shall submit to the owner for approval and review within the time specified in appendix (_________) such drawings as may be required for construction of the plant under this contract within one month after receiving such drawings the owner shall review and approve or disapprove the drawing
2 the contractor shall be responsible for any defects errors or omissions in the above drawings unless such defects errors or omissions are caused by inaccurate information furnished in writing to the contractor by the owner
3 all drawings and technical documentation delivered by the owner or the contractor to the other party shall be treated as confidential by the receiving party unless agreed otherwise and shall not be used by that party for purposes other than those connected with this contract
article 6 inspection
1 the contractor shall perform all inspection and testing of the plant required by law and normal engineering practice
2 the owner shall be entitled at all reasonable times and at its own cost to inspect examine and test the materials and workmanship of the plant under construction such inspection examination or testing if made shall not release the contractor from any obligation under the contract
3 the completed plant shall be inspected examined and tested by the owner and the contractor shall give the owner reasonable notice in writing of the date on which the plant will be ready for testing
4 the contractor shall provide such assistance labour materials electricity fuels apparatus stores and instruments as may be required and as may be reasonably demanded to carry out such tests by the owner properly and efficiently
5 when the plant shall have passed the above tests the owner shall furnish the contractor with a certificate in writing to that effect no plant shall be delivered until any faults discovered during inspection are satisfactorily rectified
article 7 inspection
1 the contractor shall provide at the site to the reasonable satisfaction of the owner all materials labour equipment services and facilities that may be necessary for the proper execution and completion of the works 2 without prejudice to the generality of the above the contractor shall provide as may be necessary the following
（1）construction equipment
（2）means of transport within the site including temporary roadways
（3）fencing lighting and guarding and all other materials and services necessary for the safety and security of persons and property
（4）temporary stores offices and other buildings or structures for materials and persons engaged in the words including persons employed by the owner
（5）telephones firefighting equipment and firstaid equipment until the whole works have been taken over
（6）sanitary and canteen facilities for the use of persons engaged in the works
3 the contractor shall observe all safety and other regulations imposed on the site by local laws
4 the contractor shall at all times keep the owner＇s property and the adjoining premises driveways and streets free of construction materials and rubbish caused by the works and at the completion of the works shall remove all remaining materials from and about the premises and shall leave the site and plant safe clean and ready for use
article 8 inspection
1 the contractor will supply at his own cost food transprot and all necessary facilities for all his own personnel
2 on signing the contract the contractor shall appoint a project manager who will represent the contractor at all times be present at the site during working hours all communications issued by the owner to the project manager shall be binding as if given to the contractor
3 the owner may request the removal and replacement of any person employed by the contractor on the site if such person is in the owner＇s opinion guilty of misconduct incompetence or negligence
article 9 inspection
1 the contractor shall be responsible for all losses of or damage to the plant before final acceptance and shall make good al such loss or damage at the cost of the contractor and to the reasonable satisfaction of the owner provided however in the case of loss or damage to the plant arising from or occasioned by causes for which the contractor is mot responsible under the contract the same shall be made good by the contractor but at the cost of the owner if the owner so directs
2 the contractor shall indemnify the owner in respect of all damage and injury occurring before the issue of the final acceptance certificate to any property and person and against all actions suits claims demands charges and expenses arising in connection therewith which shall be occasioned by the negligence of the contractor or any of his subcontractors or by defective design materials or workmanship but not otherwise
3 in the event of any claim being made or actions brought against the owner arising out of any matter in respect of which the contractor is or may be liable under this article the owner shall promptly notify the contractor in writing thereof and the contractor shall at his own expense take over and conduct in the name of the owner all negotiations for the settlement of the same and any litigation that may arise therefrom the owner shall at the request of the contractor afford all such information and assistance as the contractor may reasonably require for the purpose of dealing with any such claim or action
article 10 inspection
1 without limiting the contractor＇s liabilities the contractor will at his own expense take out the following insurance
（1）transportation insurance on the machine and equipment from its delivery ex works to arrival at the site
（2）workers compensation insurance for all contractor＇s and subcontractor＇s employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations
（3）product liability insurance against damage to property or injury to persons until the end of the maintenance period in the sum not less that (amount) us dollars per occurrence
（4）comprehensive automobile liability insurance in respect of all vehicles used by the contractor or his subcontractor in connection with his contract
2 the aforesaid policies of insurance will be taken out in the names of the contractor and its subcontractors the owner their engineer consultant and employees and agents as the joint insured and the policies shall contain a waiver of insurer＇s rights of subrogation against the owner its engineer consultant and employees and agents
3 the contractor shall maintain the aforesaid policies in full force and effect until the discharge of his obligations under this contract and the owner shall have the right to demand from time to time copies of the policies endorsements and renewals and receipts for payment of insurance premiums if the contractor fails to maintain any of these policies in full force and effect the owner shall have the right to rake out such policies and pay all relative premiums on behalf of the contractor and to deduct the relevant costs from and sums owing to the contractor
article 11 inspection
1 on completion of all construction and erection work of the plant the contractor shall inform the owner and shall carry out mechanical erection completion tests specified in appendix (_________) to the satisfaction of the owner
2 on satisfactory completion of such tests the owner will issue a certificate of completion of erection of the plant no feedstock shall be fed into the plant until a certificate of completion of erection has been issued
3 in the event of minor deficiencies in the construction and erection work which do not prevent erection completion andor in the event of defects revealed by the tests which do not prevent the startup of the plant the owner shall issue a certificate of completion of erection and the contractor shall be obliged to rectify the deficiencies as quickly as possible thereafter
article 12 inspection
1 following the issue of the certificates of completion of erection the contractor shall give the owner (_________) days notice of the date when he will be ready to carry out performance tests of the plant
2 the owner shall provide the feedstock and other facilities required in appendix (_________) to enable the tests to commence on time and the contractor shall begin the performance tests at the time so notified
3 the performance tests will be carried out in acceptance with the provisions of appendix (_________) and on their successful completion the owner shall issue a final acceptance certificate stating that the plant has been taken over by the owner as from the date thereof
4 if the plant fails to pass its performance test then the contractor after making such adjustments as he considers necessary shall repeat such tests in the presence of the owner at a time to be agreed upon under the same terms and conditions as the original tests
5 the plant shall not be commercially operated before the issue of the final acceptance certificate notwithstanding the failure of the plant to pass its performance tests the owner may at his discretion issue a final acceptance certificate subject to the contractor remedying the plant defects as soon as possible
article 13 inspection
1 in the event of any repeat of a performance test failing for reasons imputable to the contractor and there being no mutual agreement to continue retesting the results of the final test will be measured and the contractor will be liable to pay to the owner liquidated damages on the scale set out in appendix
（_________） up to a maximum of （_________） of the contract price
2 if the contractor is unable for reasons within his control to obtain a final acceptance certificate for the whole plant by（_________） months from the effective date of this contract he shall be liable to pay to the owner for each month＇s delay liquidated damages of（_________） of the contract price up to a maximum of （_________） of the contract price in accordance with appendix（_________）
3 the contractor shall establish in favour of the owner a guarantee for（_________） of the contract price in the form set out in appendix（_________） in support of his obligations under this article
article 14 inspection
1 the contractor warrants for a period of （_________） months from the date of issue of the final acceptance certificate or（_________） months from the effective date of this contract whichever is the earlier the supplied plant against faulty design material and workmanship
2 the owner shall inform the contractor in writing of all claims arising under this provision within（_________）days of the detection of fault if the contractor＇s representative is on site or within（_________）days if not to the contractor＇s head office by telex r recorded air mail delivery with supporting data the contractor shall have the option to replace or repair all parts proved deficient for this purpose the contractor shall have the option to replace or repair all parts proved deficient for this purpose the contractor shall have an access to the site to inspect the faulty parts at any time and to enable him to comply with the terms of this guarantee should the contractor fail to carry out agreed remedial work within any period of time reasonable in the particular circumstance the owner shall have the right to do this work at the contractor＇s expense
3 this warranty is given subject to the owner storing operating and maintaining the plant in accordance with the contractor＇s instructions and specified operating parameters and may be nullified in the event of the owner attempting rectification work without the contractor＇s agreement
4 this warranty does not include items which fail due to natural wear and tear or consumables or similar items whose natural life is (_________) months or less
5 if pursuant to the above warranty the contractor repairs or replaces any equipment materials or workmanship the provisions of this article shall them apply to said repaired or replaced equipment materials or workmanship for a period of one year from the date such repairs or replacements are completed
article 15 patent rights and royalties
1 the contractor shall fully indemnify the owner against all actions claims demands costs charges and expenses arising from or incurred by reason of any infringement of patents design or copyright of third parties by the use of the plant supplied by the contractor
2 the contractor shall also be responsible for the payment to third parties of all fees royalties and other charges if and that may be payable under the terms of any license or permission in respect of any design of the works provided by the contractor the manufactured and supply of the plant and any work done or method employed in the construction of the works however the owner shall be responsible for the payment to third parties of all fees royalties and other charges if any that may be payable under the terms of any license or permission in respect of the operation or use of the plant or any part thereof
article 16 suspension
1 the owner shall have the right to instruct the contractor to suspend any part or the whole of the works at any time upon giving written notice to the contractor provided that any period of suspension exceeding (_________) days shall be treated as termination under article (_________)
2 if the owner fails to make any payment to the contractor under this contract within (_________) days of the due date or if the contractor is otherwise interrupted or delayed in the performance of the works due to the owner＇s contractual default the contractor shall be entitled to suspend performance of this contract
3 in the event of suspension of the works in accordance with this article the contractor shall be entitled to receive such reasonable additional payment as may be necessary to compensate for the additional costs arising out of such suspension interruption or delay and such reasonable extension of time for performance of contract
article 17 termination
1 in the event of suspension in accordance with article (_________) lasting for a period of more than (_________) days either party shall have the right to give notice to the other party of the immediate termination of this contract
2 the owner may at any time by written order to the contractor order the contractor to cease further execution of the works and the contractor shall upon receipt of a termination order cease all further work on the site other than such work thereon as the engineer may instruct for the purpose of protecting making safe or tidying up such parts of the works as may already have been executed or be in course of erection the contractor shall as soon as practicable after receipt of the termination order also cease all such further work as is being done off the site in the performance of this contract
3 upon termination of this contract under this article and under article (_________) the contractor shall be entitled to be paid
（1）that part of the contract price which is proportionate to engineering and services carried out and
（2）that part of the contract price which is proportionate to the plant completed but not delivered
article 18 force majeure
1 no party to this contract shall be liable to the other party for any failure of or delay in performance of its obligations hereof nor be deemed to be in breach of this contract if such failure or delay has arisen from force majeure
2 force majeure means circumstances and conditions beyond the control of either parties that would render it impossible for either the owner or the contractor to fulfill their obligations under this contract or delay such fulfillment any of the following matters are considered force majeure
（1）war hostilities act of foreign enemy invasion warlike operations (whether war to be declared or not) or civil war
（2）mutiny civil commotion assuming the proportions of or amounting to a popular rising military rising insurrection rebellion revolution military or usurped power or any act of any person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the government de jure or de facto or to the influencing of it by terrorism or violence
（3）earthquake flood fire or other natural physical disaster
（4）denial of the use of all ports airports shipping services or other means of public transport
（5）trike or lock out or other industrial concerted action by workers affecting the fulfillment of contractor＇s and subcontractors＇ obligations
（6）and other unforeseen circumstances beyond the control of the parties so affected rendering the fulfillment of their obligations impossible
3 if either party to this contract is prevented or delayed from or in performing any of his obligations under this contract by force majeure then he may notify the other party of the circumstances constituting the force majeure and of the obligation performance of which is thereby delayed or prevented and the party giving the notice shall thereupon be excused from the performance or punctual performance as the case may be of such obligation for so long as the circumstances of prevention or delay may continue
4 if by virtue of the preceding subclause dither party shall be excused from the performance or punctual performance of any obligation for a continuous period of (_________) months then either party may at any time thereafter terminate this contract by giving a written notice to the other party
article 19 assignment and subcontractors
1 the contractor shall have the right to subcontract this contract or any part thereof in accordance with his usual practice without relieving the contractor of the obligations of performing this contract
2 neither party shall without the previous consent in writing of the other party assign or any part thereof to any third party except in the case of a company amalgamation or reconstruction provided that such consent shall not be unreasonably withheld
article 20 publicity
the contractor shall obtain the owner＇s approval prior to making any publicity releases or public announcements relating to this contract
article 21 effective date of the contract
1 the effective date of this contract shall be the date after its execution when all the necessary approvals of the respective authorities have been obtained by the owner
2 if the contract does not become effective within（_________） days from the date of execution it will be deemed void unless otherwise agreed between the parties
article 22 law and regulations
1 the contractor shall in all matters relating to the performance of this contract conform with all applicable laws regulations and orders of central or local authorities
2 the construction validity and performance of this contract shall be governed in all respects in accordance with the laws of _________
article 23 entire contract
1 this contract constitutes the entire agreement between the parties hereto and supersedes all prior negotiations representations or agreements whether oral or in writing relative to the subject matter of this contract
2 this contract shall be altered or supplemented only by mutual consent in writing between the owner and the contractor
article 24 language of the contract
this contract was drafted in english language and the english text of this contract shall be valid and binding upon the parties hereto
article 25 notices
1 every notice consent instruction order or decision given under this contract shall be given or made in writing and either personally served on an officer of the party to whom it is given or airmailed postprepaid or sent by telegram telex or cable subsequently confirmed by letter addressed as follows tothe owner (address) _________to the contractor (address) _________
2 notices consents requests and other documents shall be deemed delivered or given if mailed to an overseas destination on the (_________) th day after the date of mailing and if mailed to a domestic destination the (_________) th day after the date of mailing notices
consents or requests sent by telegram telex or cable shall be deemed delivered or given on the day they are despatched
3 any notice consent instruction or decision given under this article shall be signed on behalf of either party by any duly authorised representative of that party either of the parties may change his address for receipt of notices instructions or decisions and other documents at any time by giving notice thereof in writing to the other party
the owner (signature)_________ the contractor(signature)_________
date_________ date_________
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