工程施工合
Contract
合编号( Contract NO )：
签订日期( Date )：
发包方（简称甲方）
Party A
承包方（简称乙方）：
Party B
根中华民国合法关法律法规规定原结合工程具体情况甲乙双方等愿协商致基础达成协议遵守
According to PRC Contract Law and other relevant laws and regulations to the specific circumstances of this project parties A and B have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect
1 工程概况
Project overview
11 工程名称：
Project name
12 工程点：
Project location
13 工程范围：
A 新研发中心新厂房网络综合布线系统施工
B 数中心建设包含：数中心装饰工程电气系统空调系统机房闭路监控系统机房门禁系统消防系统改造机柜系统等
Project contents
A The new R & D and new plant construction of network cabling systems
B Data Center mainly includes data center decoration and electrical systems airconditioning systems CCTV systems access control systems firefighting system reform server rack systems
14 开工条件：合生效甲方预付款位现场具备开工条件
Start conditions After the commencement of the contract Party A has started advance and onsite conditions in place
15 工程造价：合工程总造价 元（CNY）民币写
Project cost：Total project cost is yuan ( CNY )
详细合价格表见附件报价清单
Detailed contract price list see attached quotation list
详细设计施工程中工程量发生变化合单价相应调整工程造价材质发生变化双方商定补充协议调整工程造价
In the detailed design and construction process if the project quantity changes according to the contract price adjustment project cost if the material is changed the supplemental agreement agreed by both parties for adjustment of engineering cost
2 付款方式
Terms of payment
21 乙方甲方提供指定帐户甲方支票方式银行转账方式乙方结算合款
Party B shall provide the designated account to party A Party A by check or bank transfer to pay the contract payment to Party B
22 合生效甲方付乙方合总价40作工程预付款 元
After the signing of this contract Party A shall pay to Party B 40 of the total contract price as the project advance payment
23 数中心网络布线系统工程完工双方签订工程验收报告7天甲方付乙方合总价55 元
Data center project and network cabling systems engineering completed and signed a project acceptance report by both parties within 7 days after Party A shall pay to Party B 55 of the contract price
24 工程竣工3月甲方支付乙方剩余合款 元
After the completion of the project within 3 months Party A shall pay to Party B the remaining contract price
3 双方职责
Responsibilities of the parties
31 甲方职责：
Responsibilities of party A
a 时书面形式通知乙方工程具备开工条件时间
Timely written notice to Party B the conditions of this project have the time to start
b 协助乙方办理进驻施工现场需员证件批件等关手续
To assist Party B to enter the construction site personnel required documents approval documents and other relevant procedures
c 乙方提供现场工程办公室足够现场仓库
To provide onsite engineering office and sufficient field warehouse
d 积极协助乙方施工协调施工时部门配合负责提供工程需现场面图建筑结构图
Actively assist Party B construction coordination with various departments and responsible for providing the needed for the project site plans and architectural drawings
e 时合规定付款进度乙方支付工程款项
Timely according to the terms of the contract payment schedule to pay Party B project funds
32 乙方职责：
Responsibilities of party B
a 乙方工程开始前应组织关员研究熟悉图纸参设计交底安排施工总进度计划提交甲方
Party B before the project begins shall organize relevant personnel to study and be familiar with drawings involved in the design work arrangement of construction general schedule plan and submit to Party A
b 甲方项目监理提供购种产品设备技术资料接受进场检验
To the party A or project supervision to provide the purchase a variety of products equipment technical information accept entry inspection
c 遵守甲方监理方施工现场关规定
Abide by the party or the supervision on construction site of the relevant provisions
d 时完成乙方承担施工务保证工程施工质量
Timely completion of construction tasks undertaken by Party B to ensure construction quality
4 施工工程设计变更
Construction and engineering design change
41 乙方施工中根国家颁发施工验收规范质量检验标准设计求进行求全部工程达合格标准
On the construction of Party B according to the country issued construction acceptance norms and quality inspection standards as well as the design requirements all project achieve the qualified standard
42 施工中坚持设计文件施工图纸施工方意变更设计出现窝工返工材料损失增加劳动力成等甲方原造成损失甲方承担乙方原造成损失乙方承担
During construction to adhere to the design documents and construction drawings of the construction any party shall not be arbitrarily changed design such as the emergence of idleness rework and loss of material as well as an increase in labor cost as the party A ＇s cause loss borne by the party A the Party B causes losses shall be borne by Party B
43 施工中甲方A变更设计文件求应书面通知乙方乙方发现设计文件错误严重合理方应书面通知甲方双方商定修改设计文件图纸方继续施工
During the construction if the party A to change the design document shall give a written notice to Party B if Party B is found the design documents are wrong or serious unreasonable place should also be written notice to Party A both sides agreed and modify design drawings and documents before it can continue to construction
44 施工程中遇列情况需延工期双方应时进行协商通书面形式确定延期限：
In the process of construction in case of the following circumstances be extended period both parties shall timely consultations and through the written form to determine the extension of the time limit
a 天灾力抗拒原迫停工
Because of natural disaster or the manpower irresistible reasons forced shutdown
b 甲方提出变更计划变更施工图继续施工
Because party A proposed changes to the plan or change the construction graph therefore cannot continue construction
c 乙方期供设备供材料者设备合规格求迫停工利施工
Party B fails to supply equipment or for the materials or equipment of different specifications was forced to shut down or not smooth construction
5 竣工验收售服务
Final acceptance and aftersales service
51 乙方必须严格执行隐蔽工程验收制度隐蔽工程完成必须验收作记录(隐蔽工程指墙吊顶线施工等）
Party B must strictly enforce the hidden work system where the hidden work has been completed must pass inspection and make records (hidden works refers to the wall the ceiling inside the pipeline construction etc)
52 整体工程竣工乙方甲方提交竣工文档提交书面验收申请甲方接申请7日组织关员合容事先约定验收条款进行项目验收
出具双方签字验收报告甲方期组织验收须提前通知乙方乙方行商定验收日期甲方必须承认乙方竣工时间甲方推迟验收间发生理费项损失均甲方负担果提交验收申请月未完成验收竣工日作系统保修开始日期
When the whole project is completed Party B shall submit to party A complete documentation and submit a written acceptance application Party A shall within 7 days after receiving the application organize relevant personnel in accordance with the contract contents and the prescribed inspection clause of project acceptance and issue the report signed by both parties If Party A fails to organize acceptance shall inform Party B in advance and Party B to be agreed date of acceptance but party A must acknowledge party B completion time party A delayed acceptance during which occurred in the management fees and all losses shall be borne by Party A If the submission of acceptance application one month after failed to complete acceptance the completion date as the system warranty start date
53 工程验收合格进入质保期质保期验收合格日起12月质保期乙方应系统素外障负责免费维修更换
Project after acceptance into the warranty period Warranty period from the date of acceptance of 12 months During the warranty period Party B shall system in addition to human factors all fault is responsible for free repair or replacement
54 质保期乙方做甲方求援电话2时响应8时抵达现场着手解决问题质保期结束乙方系统进行偿维护偿维护费双方协商
During the warranty period Party B shall do to help telephone response within 2 hours 8 hours to arrive at the scene and set about solving the problem After the end of the warranty period Party B on the system paid maintenance Paid maintenance costs through consultation by the two parties
6 技术服务培训
Technical service and training
61 乙方技术培训纲负责甲方关操作员维修员进行级培训通培训甲方受训员掌握系统设备配置进行正确操作日常维护般常见障排查接受培训员甲方确定日期甲乙双方商定
Party B according to the technical training program for Party A ＇s operators and repair personnel to use class training Through training the trainees can grasp the party system equipment configuration can correct operation and routine maintenance and common trouble shootingTrained personnel were identified by the party A the date mutually agreed by both parties
62 保修期乙方提供两次门巡检服务包括系统运行状况查记录必设备维护
During the warranty period Party B shall provide two onsite inspection services including the status of system view recording and the necessary equipment maintenance
63 乙方甲方免费提供网络综合布线系统数中心技术咨询服务
Party B shall provide free network cabling system and data center technical advisory services
7 违约责
The liability for breach of contract
71 乙方提供货物质量规格符合合约定行业规格政府法令法规求甲方根货物性质损失求乙方承担修理更换退货减少价款等责
Party B shall provide the quality or specifications of the goods does not conform to the contract specifications industry or government regulatory requirements Party A may according to the nature of the goods and the loss of size B should bear the repair replacement return reduce cost
72 乙方受中华民国合法规定抗力素影响外果未计划施工乙方竣工日前日应甲方支付合款1‰（写：千分）赔偿甲方损失
Party B except due to PRC Contract Law provisions of force majeure factors if the construction not on schedule then Party B in the completion date daily should be paid by Party A contract to 1‰ (in words 11000) compensation for the loss of Party A
73 履行合程中果乙方提前获知时交货提供服务情况应时书面形式时交货理预期延误时间通知甲方甲方收乙方通知认理正酌情延长交货时间
During performance of the contract if Party B know ahead of time has not delivered on time or to provide service should be promptly in writing of the reasons for not delivered on time anticipated delay time notify party Party A received notification think its reason could be appropriate to extend the time of delivery
74 甲方更改设计需求未确认材料设备型号未确认施工方案导致设备订货周期推迟导致延迟交货乙方负担责
If due to Party A to change the design demand did not confirm material or equipment models unrecognised construction scheme caused by equipment order cycle time delay thus causing the delay of delivery Party B does not bear any responsibility
75 甲方合规定付款期限未时付款视甲方违约甲方日合款项千分赔偿乙方损失
Party A in the contract payment period failed to timely payment regarded as a breach of contract Party A according to the contract sum 11000 daily compensation for any loss of Party B
76 甲乙意方第三者原造成违约应方承担违约责
Any party for the third party reasons for default shall be liable to the other party for breach
8 合变更
The modification of Contract
合需甲乙双方公协商达成致条件进行变更变更容需文字正形式双方授权签字盖章生效切变更容作附件存合正具相法律效力
Any modification must on the basis of fair negotiation and be accepted by both sides The formal file of modified contract should be validating after signed and stamped by authorized person of both sides All change to the content as an attachment with the original contract have the same legal effect
9 仲裁
Arbitration
双方合容争议首先中华民国合法进行协商解决解决北京市合仲裁委员会仲裁解决
Any dispute of the contract should be negotiate and solved at first base on PRC Contract Law if it is can not solved by discuss of both sides the final arbitration was made by Contract Intermediation committee of Beijing
10 合文字极效力
Effectiveness of the Character
合中英文两种文字书写具相法律效力容语言造成矛盾中文效文字
The contract was written in English and Chinese they have the same effectiveness in law Chinese is the final valid character when any difference of understanding produced
11 合未事宜说明
The explain items not included in contract
合未事宜甲乙双方中华民国合法协商解决
The items that are not included in the contract should be negotiated by both side on the base of PRC Contract Law
12
Others
合式四份甲乙双方执二份双方授权签字盖章起合生效
Four copies of the contract both parties shall keep two copies The valid data start from the contract signed and sealed and sealed by authorized person of both sides
合附件：报价清单
Appendix list of quotations
甲方盖章： 乙方盖章：
Seal of Part A Seal of Part B
址： 址：
Address Address
授权签字： 授权签字：
Signature Signature
电话： 电话：
Tel Tel
传真： 传真：
Fax Fax
邮编： 邮编：
Post Code Post Code
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Contract
合编号( Contract NO )：
签订日期( Date )：
发包方（简称甲方）
Party A
承包方（简称乙方）：
Party B
根中华民国合法关法律法规规定原结合工程具体情况甲乙双方等愿协商致基础达成协议遵守
According to PRC Contract Law and other relevant laws and regulations to the specific circumstances of this project parties A and B have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect
1 工程概况
Project overview
11 工程名称：
Project name
12 工程点：
Project location
13 工程范围：
A 新研发中心新厂房网络综合布线系统施工
B 数中心建设包含：数中心装饰工程电气系统空调系统机房闭路监控系统机房门禁系统消防系统改造机柜系统等
Project contents
A The new R & D and new plant construction of network cabling systems
B Data Center mainly includes data center decoration and electrical systems airconditioning systems CCTV systems access control systems firefighting system reform server rack systems
14 开工条件：合生效甲方预付款位现场具备开工条件
Start conditions After the commencement of the contract Party A has started advance and onsite conditions in place
15 工程造价：合工程总造价 元（CNY）民币写
Project cost：Total project cost is yuan ( CNY )
详细合价格表见附件报价清单
Detailed contract price list see attached quotation list
详细设计施工程中工程量发生变化合单价相应调整工程造价材质发生变化双方商定补充协议调整工程造价
In the detailed design and construction process if the project quantity changes according to the contract price adjustment project cost if the material is changed the supplemental agreement agreed by both parties for adjustment of engineering cost
2 付款方式
Terms of payment
21 乙方甲方提供指定帐户甲方支票方式银行转账方式乙方结算合款
Party B shall provide the designated account to party A Party A by check or bank transfer to pay the contract payment to Party B
22 合生效甲方付乙方合总价40作工程预付款 元
After the signing of this contract Party A shall pay to Party B 40 of the total contract price as the project advance payment
23 数中心网络布线系统工程完工双方签订工程验收报告7天甲方付乙方合总价55 元
Data center project and network cabling systems engineering completed and signed a project acceptance report by both parties within 7 days after Party A shall pay to Party B 55 of the contract price
24 工程竣工3月甲方支付乙方剩余合款 元
After the completion of the project within 3 months Party A shall pay to Party B the remaining contract price
3 双方职责
Responsibilities of the parties
31 甲方职责：
Responsibilities of party A
a 时书面形式通知乙方工程具备开工条件时间
Timely written notice to Party B the conditions of this project have the time to start
b 协助乙方办理进驻施工现场需员证件批件等关手续
To assist Party B to enter the construction site personnel required documents approval documents and other relevant procedures
c 乙方提供现场工程办公室足够现场仓库
To provide onsite engineering office and sufficient field warehouse
d 积极协助乙方施工协调施工时部门配合负责提供工程需现场面图建筑结构图
Actively assist Party B construction coordination with various departments and responsible for providing the needed for the project site plans and architectural drawings
e 时合规定付款进度乙方支付工程款项
Timely according to the terms of the contract payment schedule to pay Party B project funds
32 乙方职责：
Responsibilities of party B
a 乙方工程开始前应组织关员研究熟悉图纸参设计交底安排施工总进度计划提交甲方
Party B before the project begins shall organize relevant personnel to study and be familiar with drawings involved in the design work arrangement of construction general schedule plan and submit to Party A
b 甲方项目监理提供购种产品设备技术资料接受进场检验
To the party A or project supervision to provide the purchase a variety of products equipment technical information accept entry inspection
c 遵守甲方监理方施工现场关规定
Abide by the party or the supervision on construction site of the relevant provisions
d 时完成乙方承担施工务保证工程施工质量
Timely completion of construction tasks undertaken by Party B to ensure construction quality
4 施工工程设计变更
Construction and engineering design change
41 乙方施工中根国家颁发施工验收规范质量检验标准设计求进行求全部工程达合格标准
On the construction of Party B according to the country issued construction acceptance norms and quality inspection standards as well as the design requirements all project achieve the qualified standard
42 施工中坚持设计文件施工图纸施工方意变更设计出现窝工返工材料损失增加劳动力成等甲方原造成损失甲方承担乙方原造成损失乙方承担
During construction to adhere to the design documents and construction drawings of the construction any party shall not be arbitrarily changed design such as the emergence of idleness rework and loss of material as well as an increase in labor cost as the party A ＇s cause loss borne by the party A the Party B causes losses shall be borne by Party B
43 施工中甲方A变更设计文件求应书面通知乙方乙方发现设计文件错误严重合理方应书面通知甲方双方商定修改设计文件图纸方继续施工
During the construction if the party A to change the design document shall give a written notice to Party B if Party B is found the design documents are wrong or serious unreasonable place should also be written notice to Party A both sides agreed and modify design drawings and documents before it can continue to construction
44 施工程中遇列情况需延工期双方应时进行协商通书面形式确定延期限：
In the process of construction in case of the following circumstances be extended period both parties shall timely consultations and through the written form to determine the extension of the time limit
a 天灾力抗拒原迫停工
Because of natural disaster or the manpower irresistible reasons forced shutdown
b 甲方提出变更计划变更施工图继续施工
Because party A proposed changes to the plan or change the construction graph therefore cannot continue construction
c 乙方期供设备供材料者设备合规格求迫停工利施工
Party B fails to supply equipment or for the materials or equipment of different specifications was forced to shut down or not smooth construction
5 竣工验收售服务
Final acceptance and aftersales service
51 乙方必须严格执行隐蔽工程验收制度隐蔽工程完成必须验收作记录(隐蔽工程指墙吊顶线施工等）
Party B must strictly enforce the hidden work system where the hidden work has been completed must pass inspection and make records (hidden works refers to the wall the ceiling inside the pipeline construction etc)
52 整体工程竣工乙方甲方提交竣工文档提交书面验收申请甲方接申请7日组织关员合容事先约定验收条款进行项目验收
出具双方签字验收报告甲方期组织验收须提前通知乙方乙方行商定验收日期甲方必须承认乙方竣工时间甲方推迟验收间发生理费项损失均甲方负担果提交验收申请月未完成验收竣工日作系统保修开始日期
When the whole project is completed Party B shall submit to party A complete documentation and submit a written acceptance application Party A shall within 7 days after receiving the application organize relevant personnel in accordance with the contract contents and the prescribed inspection clause of project acceptance and issue the report signed by both parties If Party A fails to organize acceptance shall inform Party B in advance and Party B to be agreed date of acceptance but party A must acknowledge party B completion time party A delayed acceptance during which occurred in the management fees and all losses shall be borne by Party A If the submission of acceptance application one month after failed to complete acceptance the completion date as the system warranty start date
53 工程验收合格进入质保期质保期验收合格日起12月质保期乙方应系统素外障负责免费维修更换
Project after acceptance into the warranty period Warranty period from the date of acceptance of 12 months During the warranty period Party B shall system in addition to human factors all fault is responsible for free repair or replacement
54 质保期乙方做甲方求援电话2时响应8时抵达现场着手解决问题质保期结束乙方系统进行偿维护偿维护费双方协商
During the warranty period Party B shall do to help telephone response within 2 hours 8 hours to arrive at the scene and set about solving the problem After the end of the warranty period Party B on the system paid maintenance Paid maintenance costs through consultation by the two parties
6 技术服务培训
Technical service and training
61 乙方技术培训纲负责甲方关操作员维修员进行级培训通培训甲方受训员掌握系统设备配置进行正确操作日常维护般常见障排查接受培训员甲方确定日期甲乙双方商定
Party B according to the technical training program for Party A ＇s operators and repair personnel to use class training Through training the trainees can grasp the party system equipment configuration can correct operation and routine maintenance and common trouble shootingTrained personnel were identified by the party A the date mutually agreed by both parties
62 保修期乙方提供两次门巡检服务包括系统运行状况查记录必设备维护
During the warranty period Party B shall provide two onsite inspection services including the status of system view recording and the necessary equipment maintenance
63 乙方甲方免费提供网络综合布线系统数中心技术咨询服务
Party B shall provide free network cabling system and data center technical advisory services
7 违约责
The liability for breach of contract
71 乙方提供货物质量规格符合合约定行业规格政府法令法规求甲方根货物性质损失求乙方承担修理更换退货减少价款等责
Party B shall provide the quality or specifications of the goods does not conform to the contract specifications industry or government regulatory requirements Party A may according to the nature of the goods and the loss of size B should bear the repair replacement return reduce cost
72 乙方受中华民国合法规定抗力素影响外果未计划施工乙方竣工日前日应甲方支付合款1‰（写：千分）赔偿甲方损失
Party B except due to PRC Contract Law provisions of force majeure factors if the construction not on schedule then Party B in the completion date daily should be paid by Party A contract to 1‰ (in words 11000) compensation for the loss of Party A
73 履行合程中果乙方提前获知时交货提供服务情况应时书面形式时交货理预期延误时间通知甲方甲方收乙方通知认理正酌情延长交货时间
During performance of the contract if Party B know ahead of time has not delivered on time or to provide service should be promptly in writing of the reasons for not delivered on time anticipated delay time notify party Party A received notification think its reason could be appropriate to extend the time of delivery
74 甲方更改设计需求未确认材料设备型号未确认施工方案导致设备订货周期推迟导致延迟交货乙方负担责
If due to Party A to change the design demand did not confirm material or equipment models unrecognised construction scheme caused by equipment order cycle time delay thus causing the delay of delivery Party B does not bear any responsibility
75 甲方合规定付款期限未时付款视甲方违约甲方日合款项千分赔偿乙方损失
Party A in the contract payment period failed to timely payment regarded as a breach of contract Party A according to the contract sum 11000 daily compensation for any loss of Party B
76 甲乙意方第三者原造成违约应方承担违约责
Any party for the third party reasons for default shall be liable to the other party for breach
8 合变更
The modification of Contract
合需甲乙双方公协商达成致条件进行变更变更容需文字正形式双方授权签字盖章生效切变更容作附件存合正具相法律效力
Any modification must on the basis of fair negotiation and be accepted by both sides The formal file of modified contract should be validating after signed and stamped by authorized person of both sides All change to the content as an attachment with the original contract have the same legal effect
9 仲裁
Arbitration
双方合容争议首先中华民国合法进行协商解决解决北京市合仲裁委员会仲裁解决
Any dispute of the contract should be negotiate and solved at first base on PRC Contract Law if it is can not solved by discuss of both sides the final arbitration was made by Contract Intermediation committee of Beijing
10 合文字极效力
Effectiveness of the Character
合中英文两种文字书写具相法律效力容语言造成矛盾中文效文字
The contract was written in English and Chinese they have the same effectiveness in law Chinese is the final valid character when any difference of understanding produced
11 合未事宜说明
The explain items not included in contract
合未事宜甲乙双方中华民国合法协商解决
The items that are not included in the contract should be negotiated by both side on the base of PRC Contract Law
12
Others
合式四份甲乙双方执二份双方授权签字盖章起合生效
Four copies of the contract both parties shall keep two copies The valid data start from the contract signed and sealed and sealed by authorized person of both sides
合附件：报价清单
Appendix list of quotations
甲方盖章： 乙方盖章：
Seal of Part A Seal of Part B
址： 址：
Address Address
授权签字： 授权签字：
Signature Signature
电话： 电话：
Tel Tel
传真： 传真：
Fax Fax
邮编： 邮编：
Post Code Post Code
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