建设工程施工合
发包方（甲方）xxxx
Party A xxxx
承包方（乙方）xxxx
Party B xxxx
合列明甲乙双方中华民国合法建筑安装工程承包合条例国家相关法律法规规定结合合具体情况xx年x月x日xx签订
This contract is signed by the two Parties in xxxx on xxxx according to the Contract Law of the People’s Republic of China the Regulation on Building and Installation Contracting Contract and other relevant national laws and regulations as well as the specific nature of this project
第条 总
Article 1 General Principles
11合文件
Contract Documents
合包含合展示施工图纸作法说明招投标文件合指文件均视合部分合文件应该够相互解释互说明组成合文件优先解释序：合中标通知书投标书附件标准规范关技术文件图纸工程量清单工程报价单预算书合履行中发包承包关工程洽商变更等书面文件视合组成部分
This contract includes the contract itself exhibits construction drawings explanations of work procedures tender documents as well as other documents specified by the contract The contract documents should be mutually explainable and mutually descriptive The documents that constituted the contract and the priority hierarchy of explanations of the documents are as follows this contract the official letter of winning the tender Letter of bidding and its annex standards guidelines and relevant technical documents drawings Bill of Quantity (BOQ) quotation of prices and project budget During the implementation of the contract any written agreements or documents between two parties such as changeorders are also regarded will be deemed as part of this contract
111项目概况
Project Introduction
112工程名称：xxxx
Name of Project xxxx
113工程点：xxxx
Location of Project xxxx
1131工程范围：合条款说明外乙方应提供履行合需服务品保障工程进行需必花费完成列工作：
Scope of the project unless otherwise explained by other articles in this contract Party B shall provide all services utensils and other necessary cost for the implementation of this contract the scope of project includes but not limited to
※室装饰工程详见附件附件二
Inner decoration see appendix 1 & 2
※室外装饰工程（门窗屋面台阶等）详见附件附件二
Façade(including doors windows roof and stairs) see appendix 1 & 2
※电器工程详见附件附件二
Electronic Engineering see appendix 1 & 2
※空调工程详见附件附件二
Air Conditioning System see appendix 1 & 2
※排水采暖工程详见附件附件二
Water Supply Sewage and Heating System see appendix 1 & 2
※消防工程
Fire Control System see appendix 1 & 2
※图纸列项目（原定设计变更应提供新图纸甲方签字确认）工程项目统称工程
Other items listed in the construction drawings (any changed drawings shall be provided and confirmed by Party A) All these aforementioned items are generally referred as project hereafter
1132承包方式：乙方包工包料包工程质量包安全包文明施工方式承包工程
Nature of Contracting Party B shall be responsible for both labor and materials for this project and will responsible for the quality of this project safety as well as code of conduct during the construction project
114甲方工代表甲方指派
Onsite representative of Party A shall be appointed by Party A
115开工日期xxxx
Date of the project beginning xxxx
116竣工日期xxxx
Date of the project completion xxxx
117工程质量：质量合格达合求国家质量验收标准确保竣工验收次合格验收容包括仅限：①隐蔽工程②分项工程③实验报告④材料检验报告果验收未次通导致续工程开工延迟乙方日工程总款2‰金额赔偿甲方作罚金超工程总价款5
Quality of Project The quality should be Excellent and shall meet the requirements by this contract and the National Quality Standards and should be guaranteed to be accepted at the first attempt upon project completion and shall also LEED certified The scope of asbuilt acceptance includes but not limit to ①concealed work ②itemized project ③reports of experiments and ④reports of material testing In the event of project fails to be accepted at the first inspection and thus incurs delays beginning of the subsequent projects Party B shall compensate Party A at the daily rate of 2‰ of the total contract amount as penalty bu
t the total amount shall not exceed 5 of the total contract amount
118工程资质：实施合涉工程时乙方应确保具相关资质乙方具备相关资质导致甲方损失工程进度滞乙方承担全部责
Qualifications Party B represents and warrants it is competent and legitimate to carry out the services that set forth under this Agreement when implementing this contract Party B shall be responsible for any delay of the construction induced by their insufficient qualifications
12合价款：
Contract Amount
合价款民币 xxxx固定总价合价款
The total contract amount is xxxx which is fixed contract amount
合包括设备材料费工费机械费理费利润税金代办费保险费运输费劳务费总承包服务费完成工程必须切费工程系统检验检测安装调试等费该款项甲方应付乙方全部费已包含物价变动素
This agreement includes the cost of equipment and materials labor cost machinery cost management cost profit tax government charges on behalf of Party A insurance transportation labor subcontract service fee and all other cost for the completion of the project as well as every system testing installation and commissioning costs This total contract amount is exact amount that Party A shall pay to Party B and it includes the fact of price fluctuation
13工程结算
Final Audit of project
131工程计价GB505002008建设工程工程量清单计价规范采固定总价施工期间甲方求变更现图纸发生增减项洽商甲方作价格调整
This project is using fixed total amount according to GB505002008 the Pricing Guidelines by Code of Quantity in Construction Projects except that Party A may make price adjustment in the event of the existing construction drawings are changed or add or remove any construction work according to the request of Party A
132 工费理进行调整结算时接受投标文件中约定价格
All labor cost shall NOT be adjusted in any event Only the prices stimulated in the bidding documents are accepted at the final audit after completion
133 工程调整产生工程洽商洽商费超民币五万元整洽商文件必须工程中期验收日提交甲方产生洽商费交付中期款时核算结清洽商费低五万元民币整洽商文件必须工程验收日提交甲方产生费交付工程验收款时核算结清
If the cost of change orders are over RMB 50000 Yuan then all change orders issued because of the construction adjustments shall be submitted to Party A on the same day of the construction midterm check and acceptance and the approved amount will be paid to Party B with the construction midterm payment if the costs of the change orders are less than 50000 Yuan then all change orders issued because of the construction adjustments shall be submitted to Party A on the same day of the construction completion check and acceptance and the approved amount will be paid to Party B with the construction completion payment
第二条：政府批复
Article 2 Government Approvals
21 乙方负责协助甲方办理项施工需办理政府报批包括仅限消防环保报批工程相关报批甲方负责政府行政审批费
Party B shall be responsible to process government approvals related to the project including but not limited to fire control environment protection and other approvals related to this Project Party A is responsible for the costs of these approvals
22 乙方负责工程报备
Party B shall be responsible for construction applications approvals and related costs
23 乙方应承担22述报备全导致政府罚金延工期
Party B shall be responsible for any government fines due to incomplete approval processes and should NOT cause delay in the construction period
第三条：甲方权利义务
Article 3 Rights and Obligations of Party A
31 乙方提供确认施工图纸做法说明五份乙方进行现场交底乙方提供施工需水电设备说明注意事项
Party A shall provide FIVE copies of confirmed construction drawings and explanations of work procedures and shall conduct technical clarification Party A shall provide Party B with necessary water and power equipment and the instructions on using the equipment
32 指派xxxx甲方驻工代表负责合履行工程质量进度进行监督检查办理验收变更事宜甲方工代表果认乙方某雇员行散漫羁甲方认该雇员胜乙方应立进行撤换未甲方实现书面许乙方施工中行雇佣该等员撤换员应立甲方代表批准胜员代
Party A appoints xxxx as the onsite representative to supervise the fulfillment of contract
obligations to oversee the quality control and check the project progress and to handle issues such as acceptance and variations In the event of the onsite representative of Party A believes that any employee of Party B has improper conduct or misbehaviors or if Party A consider such employee is not competent for the relevant work Party B shall dismiss and replace this employee immediately and unless having received consent by Party A in writing in advance Party B shall no longer hire the specified employee in the following phase of this project Party B should make every effort to replace the dismissed employee with competent personnel authorized by onsite representative of Party A
33 甲方付款约定乙方支付工程款
Party A should make payments to Party B according to the payment terms
34 甲方认乙方确已力继续履行合甲方权解合乙方必须接甲方书面通知两周撤离场便乙方继续施工乙方完成工程量结算作撤离场条件结算应竣工月完成付款方式合条款
In the event of Party A consider Party B is indeed unable to further fulfill its contract obligations then Party A has the right to terminate the contract and Party B should vacate the project site within two weeks after receiving Party A＇s notice so that Party A can resume construction as soon as possible Confirmation of finished quantity shall NOT be regarded as a prerequisite to Party B＇s vacation of the project site and the confirmation should be processed within one month after the project completion Payment shall be made according to the payment terms in this contract
35 甲方权求乙方甲方组织设计施工工期进行施工乙方甲方求指令予执行乙方违约处理乙方应承担违约责
Party A has the right to instruct Party B to do the construction according to Party A＇s organization and planned construction period in the event of Party B ignores and refuses to observe Party A＇s instructions Party B will be deemed as breach of the contract and Party B shall be held responsible for the liabilities of breaching the contract
36 甲方权求乙方服甲方统安排理乙方施工员必须遵守项规章制度乙方施工员违规操作产生果乙方承担全部责甲方权工程总价款中扣相应款项
Party A has the right to instruct Party B to observe the general arrangement and management by Party A and the construction staffs of Party B must observe all rules and regulations Party B shall be fully responsible for the consequences of such violations by the staff of Party B Party A has the right to directly deduct the corresponding amount from the total contract amount
37 甲方通知书面口头形式发出乙方接获甲方通知应根通知规定容执行
All notices from Party A can be made both in writing and orally but the oral instructions are only applicable to the representative of Party A Party B shall upon receiving notices from Party A execute the corresponding matters according to the content of the notices
38 未甲方意乙方工程转分包乙方工程擅转分包甲方权解合乙方必须接受承担造成切果
Party B shall NOT transfer or subcontract the project to any third party without the consent of
Party A in the event of Party B transfers or subcontracts the project to any third party without the consent of Party A Party A has the right to terminate the contract and Party B must accept and be responsible for any consequence of such violation
39 甲方权制定专业分包商乙方投标文件中承诺配合理费率乙方支付配合理费
Party A has the right to appoint special subcontractors and shall pay the management fee to
Party B according to the rate of subcontract management and coordination fee stipulated in the bidding documents
310 招标文件中相关条目甲方权行采购材料供乙方乙方投标文件相关条目中汲取工费机械费辅助材料费等乙方支付费甲方没义务乙方支付费
Party A has the right to purchase and provide Party B with materials on its own and shall pay labor cost machinery cost and accessory cost to Party B according to the relevant terms in the bidding documents Party A has no obligations to pay any other costs to Party B
第四条：乙方权利义务
Article 4 Rights and Obligations of Party B
41 参加甲方组织施工图纸做法说明现场交底拟定施工方案进度计划交甲方审定施工程中乙方甲方关指示修改变更求进行相应调整
Party B shall participate in the technical clarification on construction drawings and explanations of work procedures organized by Party A and should develop the construction plan and the progress schedule for Party A to review During construction Party B should make such adjustment to the construction plan and the progress schedule per Party A＇s instruction and changeorders
42 指派xxxx乙方驻工代表负责合履行求组织施工保质保量期完成施工务解决乙方负责项事宜乙方驻工代表公司工作时间少90工作日
Party B appoints xxxx as the onsite representative of Party B to take charge of fulfilling the contract obligations The onsite representative of Party B shall organize the construction according to contract requirements so that the project can be completed according to the quality and quantity requirements and on a timely manner The onsite representative of Party B shall work on the project site for no fewer than 90 of the total working days
43严格执行施工规范安全操作规程防火安全规定环境保护规定严格图纸做法说明进行施工做项质量检查记录参加竣工验收编制竣工资料工程结算
Party B shall strictly observe construction guidelines safety requirements fire safety regulations environment protection regulations and LEED requirements Party B shall do the construction by strictly adhering to the construction drawings and explanations of work procedures and shall effectively record each QAQC inspection Party B shall attend the completion acceptance and develop atbuilt submittals and final project audit
44 根甲方设计方致通设计图纸进行施工遵甲方工代表设计方指示乙方发现工程标准设计图间存致时应书面形式通知甲方设计方
Party B shall carry out the construction according to the design drawings agreed upon by both
Party A and the designer shall observe the instructions of designer and the representative of Party A in the event of Party B finds inconsistence between project standards and design drawings Party B should inform the designer and Party A in writing
45 遵守国家方政府关部门施工现场理规定甲方规章制度妥善保护施工现场周围建筑物设备线等受损坏做施工现场保卫消防垃圾消纳等工作处理施工带扰民问题周围单位（住户）关系果乙方导致设施设备道工外受损乙方赔偿损失乙方负责甲方施工协调事项独完全承担相关责
Party B shall observe policies of onsite management by the state and local government
authorities as well as Party A＇s rules and regulations Party B shall compensate for the losses to any facilities equipment or pipelines both inside and outside of the construction yard caused by party B Party B shall be responsible for the coordination of construction issues with party A and shall independently and fully assumes corresponding responsibilities
原建筑物结构拆改设备道挪移乙方应甲方申报甲方批复前擅动工
Party B should report to party A of any demolition of or variation to any original building structure or reposition of equipment pipes Party B will refrain from any such work prior to receiving Party A’s approval
47 乙方应保护设备工程成品承担竣工移交前引起损坏损失赔偿
Party B should protect all equipment and finished parts and shall assume compensation responsibilities of any losses prior to completion handover
48 乙方负责扩展保险责批单建筑物相关工程工程需材料购买工程切险乙方乙方分包商（简称分包商）应工程进行中方财产出资购买相应保险财产包括：工棚铁架塔脚手架工具材料
Party B shall purchase Construction All Risks Insurance for the project and required materials related to the building structure by using extended coverage endorsement during construction Party B and its subcontractors (hereafter abbreviated as subcontractors) should purchase corresponding insurance for their own or other parties＇ properties such as temporary construction barracks iron frames and towers scaffolding utensils and other materials
49工程开始工程竣工验收报告列明日期日止乙方应全权负责整项工程原导致工程损坏乙方负责修理原整工程竣工时完全合求甲方工代表指示状况良
From the beginning of construction to the completion date stipulated by the asbuilt acceptance report Party B will be fully responsible for the entire project Party B shall fix and reinstate and damages to the project items regardless of the cause so that the project shall be in good condition upon completion according to the contract requirements and the instructions of Party A＇s representative
410非合规定乙方应列事项独完全承担赔偿责确保甲方完全免责：工程施工维修身造成伤害损害财产造成损害关损失权利求列情形赔偿补偿外：
Unless otherwise specified Party B should independently and fully assume the following compensation liabilities and exempt Party A from all liabilities all injury and rights claims related to any personal injuries or property damage or loss as a result of the construction project except for the following compensation or reimbursement
4101 工程部分永久性占工
Permanent use or occupation of land by the project or any part of the project
4102 甲方享土里穿越施工权利
Party A has the right to traverse the construction site from above beneath or inside the site
4103 根合规定财产损伤伤害工程施工维修避免果时
The property damage or loss is an inevitable loss caused by the construction or repair according to the contra~ requirements
411乙方保证施工现场清洁符合环境卫生理关规定交工前清理现场达甲方求达甲方求乙方承担身违反规定造成损失罚款
Party B shall keep the construction site clean and meet the regulations of environment sanitation and make sure the condition of the site meets the requirements of Party A If the condition of the construction site does NOT meet the requirements of Party A Party B shall be responsible for any loss or fine as a result of its own violation of such regulations
412 乙方必须施工图显示设计求施工符合施工规范规定施工图误解疏忽引起施工错误须返工者切费均乙方负延长完工期限
Party B MUST adhere to the design requirements in the construction drawings and must meet the requirements of construction guidelines Party B shall be fully responsible for any cost of rework on construction mistakes as a result of misunderstanding of the construction drawings or negligence and shall NOT delay the completion of the project
413 乙方应位施工员订立务工合办理合法务工证件承担费
Party B should sign labor contract with all its construction staffs and issue proper work
Be responsible for the corresponding cost
414乙方应月时位施工员发放工资果乙方未规定发放工资甲方带损失乙方承担完全赔偿责
Party B should make salarywages payment to all construction staffs in time on a monthly basis and will be fully responsible for any liabilities caused by any loss or damage to Party A as a result of Party B＇s failure to pay salaries and wages according to the requirements
415履行合程中第三造成侵害损失违反相关国家法律法规乙方行行果承担全部责
Party B shall take full responsibility for its actions or consequences caused by its actions which cause infractions to any third party and cause any violations to related state laws and regulations when implementing this contract
416乙方应工程分包商负理提供总包服务义务包括限材料报审工程预验收报审分包付款申请审批工程资料编制等
Party B shall take the responsibilities of subcontractor management and providing services designated to general contractor which includes but not limited to submitting and acquiring construction materials＇ approval construction preexamination and submitting for approval review and approve payment applications from subcontractors and construction document filing etc
第五条 付款条约
Article 5 Payment Terms
51 双方商定合价款编制采工程量清单计划规范固定合总价施工期间甲方求变更现图纸甲方作价格调整
The parties agree to use fixed total amount according to GB50500~2008 the Pricing Guidelines by Code of Quantity in Construction Projects except that Party A may make price adjustment in the event that the existing construction drawings are changed according to the request of Party A
52 工程付款方式：工程开工5工作日甲方支付总工程款30室外门窗幕墙工程验收合格5工作日甲方支付总工程款20室中间验收完成5工作日甲方支付总工程款20工程完工验收合格乙方甲方提交完整竣工资料5工作日支付工程总价款27工程完工验收合格保修期年5工作日支付工程总价款70000元
Payment terms Party A shall pay 30 of the total contract amount to Party B within 5 working days after signing of the contract 20 of the total contract amount shall be paid within 5 working days after the facade is finished 20 of the total contract amount shall be paid within 5 working days after the construction midterm check and acceptance is completed 27 of the total contract amount 70000 Yuan shall be paid within 5 workings after the construction completion check and acceptance
第六条 开始延期
Article 6 Beginning and Delaying of Project
61整工程应开工xxxx日天完成
The whole project should be completed within xxxx calendar days after the beginning of the project
62非合规定延期情形外果甲方代表认工程部分工程进度太缓慢法保证工程规定时间延长完工期间完工乙方应采取必措施甲方代表批准加快进度规定时间约定延长期完成工程部分乙方权采取该措施获额外支付
Unless otherwise specified by the contract as acceptable conditions of delay in the event of the onsite representative of Party A believes that the progress of the project or any part of the project substantially lags behind schedule which may cause Party B unable to complete the project within the required construction period or any extended construction period agreed upon Party B shall promptly take necessary measures under the authorization of the onsite representative of Party A to expedite the progress so that the project or any part of the project could be completed within the required construction period or any extended construction period agreed upon Party B is NOT subject to any additional compensation for the measures taken
63果非乙方原导致工程停工工停电停水该情形持续满8时竣工日期延天乙方应书面记录甲方代表签字
Suspension of the construction work as a result of nonParty B＇s factors such as power failure and water supply cutoff the completion date shall be postponed by one day for every 8 hours of such conditions Party B should inform Party A immediately in such events and make record of the condition in writing for the representative of Party A to sign off
第七条 保修
Article 7 Warranty
71 乙方保证流精湛工艺完成工程保证机械设备外整工程瑕疵隐性瑕疵受限乙方应相关规定该工程设计年限提供保修
Party B shall complete the project with excellent workmanship and guarantees that except for
other machines or equipment the project as a whole will be free of defect within eighteen months after the completion acceptance or prior to the last payment (whichever is later) warranty on hidden defects is not limited to this date The warranty period shall be in accordance with the relative regulations and designed working life
72工程建设程中述保修期乙方应时修复材料工瑕疵引发损失损坏乙方完全赔付
During the whole construction period or the aforementioned warranty period Party B shall repair any defects of material and workmanship on a timely manner and Party B shall be fully responsible for any losses or damage caused by such defects
73保修期乙方指派专负责维护隐性瑕疵应发现问题24时修复影响甲方正常运营应4时现场修复果乙方未时修复甲方权利行决定雇佣第三方进行修复发生费乙方承担
During the warranty period Party B shall appoint special personnel for the maintenance
Hidden defects should be fixed within 24 hours after being detected and those that have an influence on Party A＇s normal operation should be fixed within 4 hours on the spot In the event of Party B fails to fix the defects on a timely manner Party A has the right to hire a third party to do the repair and any cost incurred shall be burdened by Party B
第八条 关工程质量验收约定
Article 8 Agreement on Quality and Acceptance
81双方意工程施工图纸作法说明设计变更建筑装饰装修工程质量验收规范
（GB50210—2001）建筑工程质量验收统标准（GB50300—2001）建筑电气工程施工质量验收规范（GB50303—2002）通风空调工程施工质量验收规范（GB50243—2002）建筑排水采暖工程施工质量验收规范（GB50242—2002）等国家制定施工验收规范质量验收标准
The parties agrees that the construction drawings explanations of work procedures design changeorders and such national guidelines on construction and acceptance as the Quality Acceptance Criteria of Construction Decoration and Remodeling Projects (GB502102001) the General Quality Acceptance Standards of Construction Projects (GB503002001) the Quality Acceptance Guidelines of Mechanics and Engineering Projects of Construction (GB503032002) the Quality Acceptance Guidelines of HVAC Projects (GB502432002) the Quality Acceptance Guidelines of Water Supply Sewage and Heating Systems in Construction (GB502422002) are regarded as the acceptance standards for the project
82工程质量应达国家质量验收标准确保次验收合格
This project should meet the national quality acceptance standards and should be accepted at the first inspection after completion
83甲乙双方应合力办理隐蔽工作中间工程检查验收手续乙方应提前24时书面通知甲方参加类验收甲方果未时参加隐蔽工程中间工程验收乙方行验收甲方应予承认甲方求复验时乙方应求办理复验复验合格甲方应承担复验费造成停工工期延复验合格复验费乙方承担工期予延
Two Parties shall jointly undertake the midterm inspection and acceptance process for concealed work Party B shall inform Party A in writing of all kinds of inspection and acceptance 24 hours in advance In the event of Party A fails to participate in the midterm acceptance of concealed work Party B can do the acceptance independently Party A should accept such acceptance When Party A requests a reinspection Party B shall carry out the reinspection accordingly If the result of reinspection has passed acceptance standards Party A shall be responsible for the reinspection cost and the project period shall be extend by the duration of project suspension caused by such reinspections If the result of reinspection has NOT passed acceptance standards Party B shall be responsible for the reinspection cost and the project period shall NOT be extended
84乙方应确保甲方乙方提供劣质材料引发事件果完全免责返工费乙方承担工期予延
Party B should guarantee that Party A is fully exempted from liabilities for any events as a result of materials with poor quality the cost of rework shall be burdened by Party B and the project period shall NOT be extended
85工程竣工乙方应通知甲方验收甲方接验收通知3工作日组织验收办理验收移交手续甲方规定时间未组织验收需时通知乙方行确定验收日期
Upon completion of project Party B should inform Party A to process completion acceptance
Party A shall arrange inspection and acceptance within 3 working days after receiving the notification and shall handle the inspection and handover processes In the event of Party A could NOT arrange the inspection and acceptance within the required period Party A should inform Party B and reschedule the date for acceptance on a timely manner
86乙方甲方提交竣工验收申请时应提交相关竣工资料竣工图
Party B shall submit relevant asbuilt submittals and asbuilt drawing when submitting the request for completion acceptance to Party A
87竣工验收乙方必须7天完成场清退工作甲方做项交接工作包括文件设备工具等
After the completion acceptance Party B must finish the vacation of the project site within 7 days and complete all handover processes including documents equipment and utensils
88甲方代表工作日工程质量进行检查检验甲方代表工程质量提出整改返工通知乙方必须规定时间求完成
The onsite representative of Party A may carry out the inspection of the project quality on any single work day Having received the notification of correction or rework due to inadequate quality from the representative of Party A Party B shall complete the work within the required time frame
第九条 关材料设备约定
Article 9 Agreement on the Supply of Materials and Equipment
91工程甲方负责采购供应材料设备（见附表）应全新合格产品应时供应现场约定乙方提货甲方应提货手续移交乙方乙方承担运输费果甲方提供材料设备质量低劣规格差异工程造成损失责甲方承担甲方供应材料乙方验收乙方负责保乙方保盗造成损失乙方负责赔偿
All materials and equipment (see the attached table) that Party A orders should be brand new and qualified products and should be delivered to the construction site as scheduled Party A shall hand over pickup paperwork to Party B for anything that needs Party B to pick up and Party B shall be responsible for the cost of transportation In the event of materials and equipment provided by Party A are poor in quality or have difference in technical specifications and have incurred losses to the project Party A shall be responsible for the losses Having accepted the materials provided by Party A Party B shall be responsible for the storage and protection of the materials Party B shall be responsible for the compensation of any loss as a result of improper protection by Party B or theft
92工程般材料设备原乙方负责采购供应场运输现场保位等选材料设备品牌产乙方应事先征甲方认方采购电器材料配件设备应优先采名牌产品中外合资产品甲方权合价格范围指定部分材料采购免乙方工程质量安全成品保护保修等相关责材料必须全新
In principle Party B should be responsible for the acquisition onsite transfer protection and positioning of general materials and equipment of this project Brands and manufacturer of the materials and equipment should be confirmed by Party A prior to purchase Famous brands or products from Joint Venture vendors are preferred for electric appliances and accessories Party A has the right to appoint pat of the materials within the contract price range but Party B＇s liabilities of project quality safety protection of finished goods and warranty should NOT be exempted All materials must be brand new
93乙方法满足92条款求时甲方91条款办理
In the event of Party B fails to meet the requirement of clause 92 Party A may process the issue according to clause 91
94乙方采购材料设备符合相关质量求规格差异应立停止已工程造成损失乙方负责
Any materials and equipment purchased by Party B that can＇t meet relevant quality standards or have difference in specifications must be stopped to use If such materials or equipment have already been used Party B shall be responsible for the loss
95甲方招标文件指定材料品牌乙方必须甲方指定品牌进行采购施工乙方没权利私品牌进行代
Party B shall purchase the materials and equipment that Party A has appointed according to the tender documents and do the construction and installation accordingly Party B has NO right to replace these materials and equipment with other brands without the consent of Party A
第十条 变更
Article 10 Variations
101工程进行中甲方代表时权利图纸说明提出更改增加换缩减求该变更须甲方代表书面形式确认方效
During the process of the project the representative of Party A has the right to request for variation addition substitution and reduction on the drawings and explanations at any time but such variations shall only be regarded as effective with the confirmation of the representative of Party A in writing
第十条 关安全生产防火约定
Article 11 Agreement on Safety and Fire Control in Construction
111甲方提供施工图纸作法说明应符合中华民国消防条例关防火设计规范
Construction drawings and Explanations of Work Procedures provided by Party A should meet
all standards of fire control design set forth by the Fire Code of the People＇s Republic of China
112乙方施工期间应严格遵守建筑安装工程安全技术规程建筑安装工安全操作规程中华民国消防条例相关法规规范
Party B must strictly adhere to the Safety and Technical Standards of Construction and
Infrastructure Installation Safety Standards for Construction Workers the Fire Code of the People＇s Republic of China and other relevant regulations and standards
113乙方施工生产程中违反关安全操作规程消防条例导致发生安全火灾事乙方应承担引发切济损失发生事乙方应立报政府关部门通知甲方代表时政府关部门求处理乙方事负全责确保甲方完全免责甲方承担财务非财务责
In the event of accidents regarding safety or fire control occur due to Party B＇s violation of safety standards and fire code during construction Party B shall be fully responsible for all financial losses Upon accident happened Party B should promptly report the event to relevant government authorities and inform the representative of Party A and should handle the issue according to government instructions Party B shall be fully responsible for such accidents and should guarantee that Party A is fully exempted from liabilities and Party A shall NOT be responsible for any financial or nonfinancial liabilities
114乙方开工前应提出安全措施甲方代表权阻止辞退违反安全措施乙方雇员乙方分包商雇员乙方条件意换雇员
Party B should submit safety measures prior to the beginning of the project the representative of Party A has the right to stop or dismiss employees of Party B or its subcontractors who have violated the safety measures Party B should agree to replace such employees unconditionally
115乙方需动明火作业时应规定甲方审批批准施工
In the event of Party B needs to use open fire for operation Party B should request consent from Party A and can ONLY proceed with the approval of Party A
116乙方需施工员签订安全协议做岗前安全教育工作
Party B should sign safety agreement with each individual construction worker and provide proper education on safety prior to first day of work
117 室外施工场垃圾淤泥堆放场必须限制允许范围外围做实美观围挡防护
Outdoor construction space and storage space for wastes should be restricted within the permitted region and should be enclosed with decent fences for protection
118 施工现场准做饭住宿允许适员守现场
No cooking and lodging is allowed on the construction site Only authorized security personnel are permitted to stay at the site over night
119 施工员规定通道指定卫生间准卫生间洗澡等
Construction personnel should use toilets according to the approved passageway and are NOT allowed to take showers in the restrooms
第12条 转分包
Article 12 Contract Transfer and Subcontracting
121没甲方事先书面意乙方转合全部部分利益
Party B shall NOT transfer the contract and any part of the contract and its corresponding to any third party without Party A＇s consent in writing
122非合规定乙方未甲方代表事先书面意分包工程部分甲方代表种意视免乙方合项责义务乙方应分包商代理雇员工行违约疏忽承担责种责应等身代理雇员工行违约疏忽致责般计件工作视条款诉分包甲方代表拥完全权利工程开工期间乙方时提供保证工程适充分进行保养必须进步详图指导乙方应执行受约束
Unless otherwise specified Party B shall NOT subcontract any part of the project without Party A＇s consent in writing The consent of subcontract by the representative of Party A shall NOT be regarded as an exempt of Party B＇s any responsibilities or liabilities under this contract Party B shall be held responsible for all behaviors violations and negligence of its subcontractors or their agents employees or workers and such responsibility should be equivalent to that incurred by the behaviors violations and negligence of Party B itself or its agents employees and workers Usually the piecework is not regarded as subcontracting described in this clause The representative of Party A has full authority to provide Party B with any additional detailed drawings and instructions necessary to guarantee that the project can proceed and be maintained properly and sufficiently Party B should act accordingly and is subject to the requirement of this authority
第13条 违约责
Article 13 Liabilities for Breach
131甲方违约责
Party A＇s liabilities for breach
甲方未合约定方式支付合价款甲方应乙方支付滞纳金滞纳金工程款期日第二日起计算日滞纳金期款02甲方原造成付款延期超25日乙方权解合造成损失甲方承担
In the event of Party A fails to make payment according to the payment terms Party A should
pay a late fee to Party B the late fee shall be calculated starting from the second day of the due date for the corresponding payment Daily rate of the late fee is 02 of the corresponding payment If the delay of the payment is caused by Party A and is delayed for more than 25 days then Party B can terminate this contract and Party A shall take full responsibility for any loss caused by this
132乙方违约责
Party B＇s liabilities for breach
1321乙方未合约定时间期完工逾期天乙方甲方支付工程总价款02作违约金乙方原造成工程延期超25日甲方权解合造成损失乙方承担
In the event of Party B fails to complete the project according to the construction period in the contract Party B shall pay 02 of the total contract amount for each day overdue as penalty for the breach If the delay of the construction completion is caused by Party B and is delayed for more than 25 days then Party A can terminate this contract and Party B shall take full responsibility for any loss caused by this
1322根甲方求乙方应购买工程材料甲方提交材料合格证质量检测报告果乙方提供材料合格证质量检测报告致例价高质劣次充假伪劣乙方处罚金罚金工程总价款30
Party B should submit to Party A the QA certificate and Report of Quality Assurance Test for the materials it has purchased in the event of the materials provided by Party B differs from the QA certificate and the Report of Quality Assurance Test for instance products with poor quality and high price inferior materials faked as superior ones or counterfeited products Party B shall be fined at the rate of 30 of the total contract amount
1323乙方未合求购买设备材料安装建设甲方造成损失乙方采取补救措施时赔偿甲方带济损失
In the event of Party B fails to purchase use install and build with materials and equipment as described by this contract Party B shall take remedial measures in response to the loss to Party A and shall compensate Party A for the financial losses incurred
第十四条 争议处理
Article 14 Dispute Settlement
141 合文件容含糊清相致时影响工程正常进行情况发包承包协商解决
In the event that the text of the contract is vague or inconsistent the Parties shall attempt settlement through friendly negotiation on the premise that the normal progress of the construction project is not affected
142合引发争议应双方友协商解决协商成乙方均争议提交位北京中国国际济贸易仲裁委员会仲裁仲裁裁决应终局双方具约束力仲裁费承担仲裁庭决定
Any dispute arising from or in connection with this Contract shall be settled through friendly negotiation between the Parties and in the event of the dispute can NOT be settled through negotiation either party may submit the dispute to the China International Economic and Trade Arbitration Commission located in Beijing for arbitration which shall be conducted in accordance with the Commission＇s arbitration rules in effect at the time of applying for arbitration The arbitral award is final and binding upon both parties The cost of arbitration shall be burdened according to the Commission＇s decision
第15条 抗力
Article 15 Force Majeure
151抗力诸火灾水灾政府强令措施抗力原合履行合责义务予延缓抗力消失合继续履行合责义务抗力造成迟延履行期间予期延
If the contract cannot be fulfilled due to force Majeure such as fire flood government forces and other force majeure factors the fulfillment of obligations may be delayed When the force majeure has disappeared the contract shall be continued to be fulfilled and the contract obligations shall be extended by the same period of delay caused by the force majeure
152告知抗力方应书面知会方事件发生时提供适证明条件持续时间外告知方应力减轻啃方造成损失
In case of force majeure the affected party shall notify the other party of the occurrence and the evidence of existence of and the duration of the force majeure In addition the disclosing party shall endeavor to reduce losses possibly inflicted to the other party
153旦抗力事件发生双方应时商谈寻求公正解决方法努力减少损失该抗力情形持续超二十天甲方权决定解合
In case of force majeure the two Parties shall discuss in a timely manner in order to seek fair and square solutions and reduce possible losses as much as possible In the event that the said Force Majeure cause lasts over 20 days Party A has the right to terminate the contract
第16条 已完成工程部分
Article 16 Use of Finished Parts of the Project
161甲方权利已完成部分工程
Party A has the right to use any finished pads of the project
第17条 通知
Article 17 Notices
关合通知应视已列时间送达：
All notices with regard to the contract shall be regarded as delivered at the following times
(a) 专递送达指定址时
Delivery by specified personnel upon arrival at the specified location
(b) 传真方式发件传真机出成功传送确认条时
Delivery by facsimile transfer upon successful printing of the confirmation notice by the sender’s facsimile machine
(c) 快递方式发件第三日
Delivery by courier service the third day after sending out the notice
述通知应送列接收通知址合方指定址
All above notices should be delivered to the recipient＇s address listed as follows or to an address that either Party may appoints later
乙方代表：xxxx
Representative of Party B xxxx
址：xxxx
Address xxxx
甲方代表：xxxx
Representative of Party A xxxx
址：xxxx
Address xxxx
第18条 未事宜
Article 18 Miscellaneous
181合未事宜双方协商签订书面补充协议补充协议合具等效力
Matters not mentioned herein shall be settled by supplemental agreements by the two Parties＇
the supplemental agreements shall be equally effective as this contract
第19条 合生效
Article 19 Effectively Clause
合中英文书写式四份双方持两份签字盖章生效中英文相突中准
This contract is written in both Chinese and English in quadruplicate with both texts being equally authentic and each Party shall hold two copies The contract becomes effective from the date of signing and stamping by both Parties In the event of any conflict between the English and Chinese the latter shall prevail
甲方： 乙方：xxxx
Party A
委托代表：
Representative
签订日期： 签订日期：
Date Date
Party B xxxx
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发包方（甲方）xxxx
Party A xxxx
承包方（乙方）xxxx
Party B xxxx
合列明甲乙双方中华民国合法建筑安装工程承包合条例国家相关法律法规规定结合合具体情况xx年x月x日xx签订
This contract is signed by the two Parties in xxxx on xxxx according to the Contract Law of the People’s Republic of China the Regulation on Building and Installation Contracting Contract and other relevant national laws and regulations as well as the specific nature of this project
第条 总
Article 1 General Principles
11合文件
Contract Documents
合包含合展示施工图纸作法说明招投标文件合指文件均视合部分合文件应该够相互解释互说明组成合文件优先解释序：合中标通知书投标书附件标准规范关技术文件图纸工程量清单工程报价单预算书合履行中发包承包关工程洽商变更等书面文件视合组成部分
This contract includes the contract itself exhibits construction drawings explanations of work procedures tender documents as well as other documents specified by the contract The contract documents should be mutually explainable and mutually descriptive The documents that constituted the contract and the priority hierarchy of explanations of the documents are as follows this contract the official letter of winning the tender Letter of bidding and its annex standards guidelines and relevant technical documents drawings Bill of Quantity (BOQ) quotation of prices and project budget During the implementation of the contract any written agreements or documents between two parties such as changeorders are also regarded will be deemed as part of this contract
111项目概况
Project Introduction
112工程名称：xxxx
Name of Project xxxx
113工程点：xxxx
Location of Project xxxx
1131工程范围：合条款说明外乙方应提供履行合需服务品保障工程进行需必花费完成列工作：
Scope of the project unless otherwise explained by other articles in this contract Party B shall provide all services utensils and other necessary cost for the implementation of this contract the scope of project includes but not limited to
※室装饰工程详见附件附件二
Inner decoration see appendix 1 & 2
※室外装饰工程（门窗屋面台阶等）详见附件附件二
Façade(including doors windows roof and stairs) see appendix 1 & 2
※电器工程详见附件附件二
Electronic Engineering see appendix 1 & 2
※空调工程详见附件附件二
Air Conditioning System see appendix 1 & 2
※排水采暖工程详见附件附件二
Water Supply Sewage and Heating System see appendix 1 & 2
※消防工程
Fire Control System see appendix 1 & 2
※图纸列项目（原定设计变更应提供新图纸甲方签字确认）工程项目统称工程
Other items listed in the construction drawings (any changed drawings shall be provided and confirmed by Party A) All these aforementioned items are generally referred as project hereafter
1132承包方式：乙方包工包料包工程质量包安全包文明施工方式承包工程
Nature of Contracting Party B shall be responsible for both labor and materials for this project and will responsible for the quality of this project safety as well as code of conduct during the construction project
114甲方工代表甲方指派
Onsite representative of Party A shall be appointed by Party A
115开工日期xxxx
Date of the project beginning xxxx
116竣工日期xxxx
Date of the project completion xxxx
117工程质量：质量合格达合求国家质量验收标准确保竣工验收次合格验收容包括仅限：①隐蔽工程②分项工程③实验报告④材料检验报告果验收未次通导致续工程开工延迟乙方日工程总款2‰金额赔偿甲方作罚金超工程总价款5
Quality of Project The quality should be Excellent and shall meet the requirements by this contract and the National Quality Standards and should be guaranteed to be accepted at the first attempt upon project completion and shall also LEED certified The scope of asbuilt acceptance includes but not limit to ①concealed work ②itemized project ③reports of experiments and ④reports of material testing In the event of project fails to be accepted at the first inspection and thus incurs delays beginning of the subsequent projects Party B shall compensate Party A at the daily rate of 2‰ of the total contract amount as penalty bu
t the total amount shall not exceed 5 of the total contract amount
118工程资质：实施合涉工程时乙方应确保具相关资质乙方具备相关资质导致甲方损失工程进度滞乙方承担全部责
Qualifications Party B represents and warrants it is competent and legitimate to carry out the services that set forth under this Agreement when implementing this contract Party B shall be responsible for any delay of the construction induced by their insufficient qualifications
12合价款：
Contract Amount
合价款民币 xxxx固定总价合价款
The total contract amount is xxxx which is fixed contract amount
合包括设备材料费工费机械费理费利润税金代办费保险费运输费劳务费总承包服务费完成工程必须切费工程系统检验检测安装调试等费该款项甲方应付乙方全部费已包含物价变动素
This agreement includes the cost of equipment and materials labor cost machinery cost management cost profit tax government charges on behalf of Party A insurance transportation labor subcontract service fee and all other cost for the completion of the project as well as every system testing installation and commissioning costs This total contract amount is exact amount that Party A shall pay to Party B and it includes the fact of price fluctuation
13工程结算
Final Audit of project
131工程计价GB505002008建设工程工程量清单计价规范采固定总价施工期间甲方求变更现图纸发生增减项洽商甲方作价格调整
This project is using fixed total amount according to GB505002008 the Pricing Guidelines by Code of Quantity in Construction Projects except that Party A may make price adjustment in the event of the existing construction drawings are changed or add or remove any construction work according to the request of Party A
132 工费理进行调整结算时接受投标文件中约定价格
All labor cost shall NOT be adjusted in any event Only the prices stimulated in the bidding documents are accepted at the final audit after completion
133 工程调整产生工程洽商洽商费超民币五万元整洽商文件必须工程中期验收日提交甲方产生洽商费交付中期款时核算结清洽商费低五万元民币整洽商文件必须工程验收日提交甲方产生费交付工程验收款时核算结清
If the cost of change orders are over RMB 50000 Yuan then all change orders issued because of the construction adjustments shall be submitted to Party A on the same day of the construction midterm check and acceptance and the approved amount will be paid to Party B with the construction midterm payment if the costs of the change orders are less than 50000 Yuan then all change orders issued because of the construction adjustments shall be submitted to Party A on the same day of the construction completion check and acceptance and the approved amount will be paid to Party B with the construction completion payment
第二条：政府批复
Article 2 Government Approvals
21 乙方负责协助甲方办理项施工需办理政府报批包括仅限消防环保报批工程相关报批甲方负责政府行政审批费
Party B shall be responsible to process government approvals related to the project including but not limited to fire control environment protection and other approvals related to this Project Party A is responsible for the costs of these approvals
22 乙方负责工程报备
Party B shall be responsible for construction applications approvals and related costs
23 乙方应承担22述报备全导致政府罚金延工期
Party B shall be responsible for any government fines due to incomplete approval processes and should NOT cause delay in the construction period
第三条：甲方权利义务
Article 3 Rights and Obligations of Party A
31 乙方提供确认施工图纸做法说明五份乙方进行现场交底乙方提供施工需水电设备说明注意事项
Party A shall provide FIVE copies of confirmed construction drawings and explanations of work procedures and shall conduct technical clarification Party A shall provide Party B with necessary water and power equipment and the instructions on using the equipment
32 指派xxxx甲方驻工代表负责合履行工程质量进度进行监督检查办理验收变更事宜甲方工代表果认乙方某雇员行散漫羁甲方认该雇员胜乙方应立进行撤换未甲方实现书面许乙方施工中行雇佣该等员撤换员应立甲方代表批准胜员代
Party A appoints xxxx as the onsite representative to supervise the fulfillment of contract
obligations to oversee the quality control and check the project progress and to handle issues such as acceptance and variations In the event of the onsite representative of Party A believes that any employee of Party B has improper conduct or misbehaviors or if Party A consider such employee is not competent for the relevant work Party B shall dismiss and replace this employee immediately and unless having received consent by Party A in writing in advance Party B shall no longer hire the specified employee in the following phase of this project Party B should make every effort to replace the dismissed employee with competent personnel authorized by onsite representative of Party A
33 甲方付款约定乙方支付工程款
Party A should make payments to Party B according to the payment terms
34 甲方认乙方确已力继续履行合甲方权解合乙方必须接甲方书面通知两周撤离场便乙方继续施工乙方完成工程量结算作撤离场条件结算应竣工月完成付款方式合条款
In the event of Party A consider Party B is indeed unable to further fulfill its contract obligations then Party A has the right to terminate the contract and Party B should vacate the project site within two weeks after receiving Party A＇s notice so that Party A can resume construction as soon as possible Confirmation of finished quantity shall NOT be regarded as a prerequisite to Party B＇s vacation of the project site and the confirmation should be processed within one month after the project completion Payment shall be made according to the payment terms in this contract
35 甲方权求乙方甲方组织设计施工工期进行施工乙方甲方求指令予执行乙方违约处理乙方应承担违约责
Party A has the right to instruct Party B to do the construction according to Party A＇s organization and planned construction period in the event of Party B ignores and refuses to observe Party A＇s instructions Party B will be deemed as breach of the contract and Party B shall be held responsible for the liabilities of breaching the contract
36 甲方权求乙方服甲方统安排理乙方施工员必须遵守项规章制度乙方施工员违规操作产生果乙方承担全部责甲方权工程总价款中扣相应款项
Party A has the right to instruct Party B to observe the general arrangement and management by Party A and the construction staffs of Party B must observe all rules and regulations Party B shall be fully responsible for the consequences of such violations by the staff of Party B Party A has the right to directly deduct the corresponding amount from the total contract amount
37 甲方通知书面口头形式发出乙方接获甲方通知应根通知规定容执行
All notices from Party A can be made both in writing and orally but the oral instructions are only applicable to the representative of Party A Party B shall upon receiving notices from Party A execute the corresponding matters according to the content of the notices
38 未甲方意乙方工程转分包乙方工程擅转分包甲方权解合乙方必须接受承担造成切果
Party B shall NOT transfer or subcontract the project to any third party without the consent of
Party A in the event of Party B transfers or subcontracts the project to any third party without the consent of Party A Party A has the right to terminate the contract and Party B must accept and be responsible for any consequence of such violation
39 甲方权制定专业分包商乙方投标文件中承诺配合理费率乙方支付配合理费
Party A has the right to appoint special subcontractors and shall pay the management fee to
Party B according to the rate of subcontract management and coordination fee stipulated in the bidding documents
310 招标文件中相关条目甲方权行采购材料供乙方乙方投标文件相关条目中汲取工费机械费辅助材料费等乙方支付费甲方没义务乙方支付费
Party A has the right to purchase and provide Party B with materials on its own and shall pay labor cost machinery cost and accessory cost to Party B according to the relevant terms in the bidding documents Party A has no obligations to pay any other costs to Party B
第四条：乙方权利义务
Article 4 Rights and Obligations of Party B
41 参加甲方组织施工图纸做法说明现场交底拟定施工方案进度计划交甲方审定施工程中乙方甲方关指示修改变更求进行相应调整
Party B shall participate in the technical clarification on construction drawings and explanations of work procedures organized by Party A and should develop the construction plan and the progress schedule for Party A to review During construction Party B should make such adjustment to the construction plan and the progress schedule per Party A＇s instruction and changeorders
42 指派xxxx乙方驻工代表负责合履行求组织施工保质保量期完成施工务解决乙方负责项事宜乙方驻工代表公司工作时间少90工作日
Party B appoints xxxx as the onsite representative of Party B to take charge of fulfilling the contract obligations The onsite representative of Party B shall organize the construction according to contract requirements so that the project can be completed according to the quality and quantity requirements and on a timely manner The onsite representative of Party B shall work on the project site for no fewer than 90 of the total working days
43严格执行施工规范安全操作规程防火安全规定环境保护规定严格图纸做法说明进行施工做项质量检查记录参加竣工验收编制竣工资料工程结算
Party B shall strictly observe construction guidelines safety requirements fire safety regulations environment protection regulations and LEED requirements Party B shall do the construction by strictly adhering to the construction drawings and explanations of work procedures and shall effectively record each QAQC inspection Party B shall attend the completion acceptance and develop atbuilt submittals and final project audit
44 根甲方设计方致通设计图纸进行施工遵甲方工代表设计方指示乙方发现工程标准设计图间存致时应书面形式通知甲方设计方
Party B shall carry out the construction according to the design drawings agreed upon by both
Party A and the designer shall observe the instructions of designer and the representative of Party A in the event of Party B finds inconsistence between project standards and design drawings Party B should inform the designer and Party A in writing
45 遵守国家方政府关部门施工现场理规定甲方规章制度妥善保护施工现场周围建筑物设备线等受损坏做施工现场保卫消防垃圾消纳等工作处理施工带扰民问题周围单位（住户）关系果乙方导致设施设备道工外受损乙方赔偿损失乙方负责甲方施工协调事项独完全承担相关责
Party B shall observe policies of onsite management by the state and local government
authorities as well as Party A＇s rules and regulations Party B shall compensate for the losses to any facilities equipment or pipelines both inside and outside of the construction yard caused by party B Party B shall be responsible for the coordination of construction issues with party A and shall independently and fully assumes corresponding responsibilities
原建筑物结构拆改设备道挪移乙方应甲方申报甲方批复前擅动工
Party B should report to party A of any demolition of or variation to any original building structure or reposition of equipment pipes Party B will refrain from any such work prior to receiving Party A’s approval
47 乙方应保护设备工程成品承担竣工移交前引起损坏损失赔偿
Party B should protect all equipment and finished parts and shall assume compensation responsibilities of any losses prior to completion handover
48 乙方负责扩展保险责批单建筑物相关工程工程需材料购买工程切险乙方乙方分包商（简称分包商）应工程进行中方财产出资购买相应保险财产包括：工棚铁架塔脚手架工具材料
Party B shall purchase Construction All Risks Insurance for the project and required materials related to the building structure by using extended coverage endorsement during construction Party B and its subcontractors (hereafter abbreviated as subcontractors) should purchase corresponding insurance for their own or other parties＇ properties such as temporary construction barracks iron frames and towers scaffolding utensils and other materials
49工程开始工程竣工验收报告列明日期日止乙方应全权负责整项工程原导致工程损坏乙方负责修理原整工程竣工时完全合求甲方工代表指示状况良
From the beginning of construction to the completion date stipulated by the asbuilt acceptance report Party B will be fully responsible for the entire project Party B shall fix and reinstate and damages to the project items regardless of the cause so that the project shall be in good condition upon completion according to the contract requirements and the instructions of Party A＇s representative
410非合规定乙方应列事项独完全承担赔偿责确保甲方完全免责：工程施工维修身造成伤害损害财产造成损害关损失权利求列情形赔偿补偿外：
Unless otherwise specified Party B should independently and fully assume the following compensation liabilities and exempt Party A from all liabilities all injury and rights claims related to any personal injuries or property damage or loss as a result of the construction project except for the following compensation or reimbursement
4101 工程部分永久性占工
Permanent use or occupation of land by the project or any part of the project
4102 甲方享土里穿越施工权利
Party A has the right to traverse the construction site from above beneath or inside the site
4103 根合规定财产损伤伤害工程施工维修避免果时
The property damage or loss is an inevitable loss caused by the construction or repair according to the contra~ requirements
411乙方保证施工现场清洁符合环境卫生理关规定交工前清理现场达甲方求达甲方求乙方承担身违反规定造成损失罚款
Party B shall keep the construction site clean and meet the regulations of environment sanitation and make sure the condition of the site meets the requirements of Party A If the condition of the construction site does NOT meet the requirements of Party A Party B shall be responsible for any loss or fine as a result of its own violation of such regulations
412 乙方必须施工图显示设计求施工符合施工规范规定施工图误解疏忽引起施工错误须返工者切费均乙方负延长完工期限
Party B MUST adhere to the design requirements in the construction drawings and must meet the requirements of construction guidelines Party B shall be fully responsible for any cost of rework on construction mistakes as a result of misunderstanding of the construction drawings or negligence and shall NOT delay the completion of the project
413 乙方应位施工员订立务工合办理合法务工证件承担费
Party B should sign labor contract with all its construction staffs and issue proper work
Be responsible for the corresponding cost
414乙方应月时位施工员发放工资果乙方未规定发放工资甲方带损失乙方承担完全赔偿责
Party B should make salarywages payment to all construction staffs in time on a monthly basis and will be fully responsible for any liabilities caused by any loss or damage to Party A as a result of Party B＇s failure to pay salaries and wages according to the requirements
415履行合程中第三造成侵害损失违反相关国家法律法规乙方行行果承担全部责
Party B shall take full responsibility for its actions or consequences caused by its actions which cause infractions to any third party and cause any violations to related state laws and regulations when implementing this contract
416乙方应工程分包商负理提供总包服务义务包括限材料报审工程预验收报审分包付款申请审批工程资料编制等
Party B shall take the responsibilities of subcontractor management and providing services designated to general contractor which includes but not limited to submitting and acquiring construction materials＇ approval construction preexamination and submitting for approval review and approve payment applications from subcontractors and construction document filing etc
第五条 付款条约
Article 5 Payment Terms
51 双方商定合价款编制采工程量清单计划规范固定合总价施工期间甲方求变更现图纸甲方作价格调整
The parties agree to use fixed total amount according to GB50500~2008 the Pricing Guidelines by Code of Quantity in Construction Projects except that Party A may make price adjustment in the event that the existing construction drawings are changed according to the request of Party A
52 工程付款方式：工程开工5工作日甲方支付总工程款30室外门窗幕墙工程验收合格5工作日甲方支付总工程款20室中间验收完成5工作日甲方支付总工程款20工程完工验收合格乙方甲方提交完整竣工资料5工作日支付工程总价款27工程完工验收合格保修期年5工作日支付工程总价款70000元
Payment terms Party A shall pay 30 of the total contract amount to Party B within 5 working days after signing of the contract 20 of the total contract amount shall be paid within 5 working days after the facade is finished 20 of the total contract amount shall be paid within 5 working days after the construction midterm check and acceptance is completed 27 of the total contract amount 70000 Yuan shall be paid within 5 workings after the construction completion check and acceptance
第六条 开始延期
Article 6 Beginning and Delaying of Project
61整工程应开工xxxx日天完成
The whole project should be completed within xxxx calendar days after the beginning of the project
62非合规定延期情形外果甲方代表认工程部分工程进度太缓慢法保证工程规定时间延长完工期间完工乙方应采取必措施甲方代表批准加快进度规定时间约定延长期完成工程部分乙方权采取该措施获额外支付
Unless otherwise specified by the contract as acceptable conditions of delay in the event of the onsite representative of Party A believes that the progress of the project or any part of the project substantially lags behind schedule which may cause Party B unable to complete the project within the required construction period or any extended construction period agreed upon Party B shall promptly take necessary measures under the authorization of the onsite representative of Party A to expedite the progress so that the project or any part of the project could be completed within the required construction period or any extended construction period agreed upon Party B is NOT subject to any additional compensation for the measures taken
63果非乙方原导致工程停工工停电停水该情形持续满8时竣工日期延天乙方应书面记录甲方代表签字
Suspension of the construction work as a result of nonParty B＇s factors such as power failure and water supply cutoff the completion date shall be postponed by one day for every 8 hours of such conditions Party B should inform Party A immediately in such events and make record of the condition in writing for the representative of Party A to sign off
第七条 保修
Article 7 Warranty
71 乙方保证流精湛工艺完成工程保证机械设备外整工程瑕疵隐性瑕疵受限乙方应相关规定该工程设计年限提供保修
Party B shall complete the project with excellent workmanship and guarantees that except for
other machines or equipment the project as a whole will be free of defect within eighteen months after the completion acceptance or prior to the last payment (whichever is later) warranty on hidden defects is not limited to this date The warranty period shall be in accordance with the relative regulations and designed working life
72工程建设程中述保修期乙方应时修复材料工瑕疵引发损失损坏乙方完全赔付
During the whole construction period or the aforementioned warranty period Party B shall repair any defects of material and workmanship on a timely manner and Party B shall be fully responsible for any losses or damage caused by such defects
73保修期乙方指派专负责维护隐性瑕疵应发现问题24时修复影响甲方正常运营应4时现场修复果乙方未时修复甲方权利行决定雇佣第三方进行修复发生费乙方承担
During the warranty period Party B shall appoint special personnel for the maintenance
Hidden defects should be fixed within 24 hours after being detected and those that have an influence on Party A＇s normal operation should be fixed within 4 hours on the spot In the event of Party B fails to fix the defects on a timely manner Party A has the right to hire a third party to do the repair and any cost incurred shall be burdened by Party B
第八条 关工程质量验收约定
Article 8 Agreement on Quality and Acceptance
81双方意工程施工图纸作法说明设计变更建筑装饰装修工程质量验收规范
（GB50210—2001）建筑工程质量验收统标准（GB50300—2001）建筑电气工程施工质量验收规范（GB50303—2002）通风空调工程施工质量验收规范（GB50243—2002）建筑排水采暖工程施工质量验收规范（GB50242—2002）等国家制定施工验收规范质量验收标准
The parties agrees that the construction drawings explanations of work procedures design changeorders and such national guidelines on construction and acceptance as the Quality Acceptance Criteria of Construction Decoration and Remodeling Projects (GB502102001) the General Quality Acceptance Standards of Construction Projects (GB503002001) the Quality Acceptance Guidelines of Mechanics and Engineering Projects of Construction (GB503032002) the Quality Acceptance Guidelines of HVAC Projects (GB502432002) the Quality Acceptance Guidelines of Water Supply Sewage and Heating Systems in Construction (GB502422002) are regarded as the acceptance standards for the project
82工程质量应达国家质量验收标准确保次验收合格
This project should meet the national quality acceptance standards and should be accepted at the first inspection after completion
83甲乙双方应合力办理隐蔽工作中间工程检查验收手续乙方应提前24时书面通知甲方参加类验收甲方果未时参加隐蔽工程中间工程验收乙方行验收甲方应予承认甲方求复验时乙方应求办理复验复验合格甲方应承担复验费造成停工工期延复验合格复验费乙方承担工期予延
Two Parties shall jointly undertake the midterm inspection and acceptance process for concealed work Party B shall inform Party A in writing of all kinds of inspection and acceptance 24 hours in advance In the event of Party A fails to participate in the midterm acceptance of concealed work Party B can do the acceptance independently Party A should accept such acceptance When Party A requests a reinspection Party B shall carry out the reinspection accordingly If the result of reinspection has passed acceptance standards Party A shall be responsible for the reinspection cost and the project period shall be extend by the duration of project suspension caused by such reinspections If the result of reinspection has NOT passed acceptance standards Party B shall be responsible for the reinspection cost and the project period shall NOT be extended
84乙方应确保甲方乙方提供劣质材料引发事件果完全免责返工费乙方承担工期予延
Party B should guarantee that Party A is fully exempted from liabilities for any events as a result of materials with poor quality the cost of rework shall be burdened by Party B and the project period shall NOT be extended
85工程竣工乙方应通知甲方验收甲方接验收通知3工作日组织验收办理验收移交手续甲方规定时间未组织验收需时通知乙方行确定验收日期
Upon completion of project Party B should inform Party A to process completion acceptance
Party A shall arrange inspection and acceptance within 3 working days after receiving the notification and shall handle the inspection and handover processes In the event of Party A could NOT arrange the inspection and acceptance within the required period Party A should inform Party B and reschedule the date for acceptance on a timely manner
86乙方甲方提交竣工验收申请时应提交相关竣工资料竣工图
Party B shall submit relevant asbuilt submittals and asbuilt drawing when submitting the request for completion acceptance to Party A
87竣工验收乙方必须7天完成场清退工作甲方做项交接工作包括文件设备工具等
After the completion acceptance Party B must finish the vacation of the project site within 7 days and complete all handover processes including documents equipment and utensils
88甲方代表工作日工程质量进行检查检验甲方代表工程质量提出整改返工通知乙方必须规定时间求完成
The onsite representative of Party A may carry out the inspection of the project quality on any single work day Having received the notification of correction or rework due to inadequate quality from the representative of Party A Party B shall complete the work within the required time frame
第九条 关材料设备约定
Article 9 Agreement on the Supply of Materials and Equipment
91工程甲方负责采购供应材料设备（见附表）应全新合格产品应时供应现场约定乙方提货甲方应提货手续移交乙方乙方承担运输费果甲方提供材料设备质量低劣规格差异工程造成损失责甲方承担甲方供应材料乙方验收乙方负责保乙方保盗造成损失乙方负责赔偿
All materials and equipment (see the attached table) that Party A orders should be brand new and qualified products and should be delivered to the construction site as scheduled Party A shall hand over pickup paperwork to Party B for anything that needs Party B to pick up and Party B shall be responsible for the cost of transportation In the event of materials and equipment provided by Party A are poor in quality or have difference in technical specifications and have incurred losses to the project Party A shall be responsible for the losses Having accepted the materials provided by Party A Party B shall be responsible for the storage and protection of the materials Party B shall be responsible for the compensation of any loss as a result of improper protection by Party B or theft
92工程般材料设备原乙方负责采购供应场运输现场保位等选材料设备品牌产乙方应事先征甲方认方采购电器材料配件设备应优先采名牌产品中外合资产品甲方权合价格范围指定部分材料采购免乙方工程质量安全成品保护保修等相关责材料必须全新
In principle Party B should be responsible for the acquisition onsite transfer protection and positioning of general materials and equipment of this project Brands and manufacturer of the materials and equipment should be confirmed by Party A prior to purchase Famous brands or products from Joint Venture vendors are preferred for electric appliances and accessories Party A has the right to appoint pat of the materials within the contract price range but Party B＇s liabilities of project quality safety protection of finished goods and warranty should NOT be exempted All materials must be brand new
93乙方法满足92条款求时甲方91条款办理
In the event of Party B fails to meet the requirement of clause 92 Party A may process the issue according to clause 91
94乙方采购材料设备符合相关质量求规格差异应立停止已工程造成损失乙方负责
Any materials and equipment purchased by Party B that can＇t meet relevant quality standards or have difference in specifications must be stopped to use If such materials or equipment have already been used Party B shall be responsible for the loss
95甲方招标文件指定材料品牌乙方必须甲方指定品牌进行采购施工乙方没权利私品牌进行代
Party B shall purchase the materials and equipment that Party A has appointed according to the tender documents and do the construction and installation accordingly Party B has NO right to replace these materials and equipment with other brands without the consent of Party A
第十条 变更
Article 10 Variations
101工程进行中甲方代表时权利图纸说明提出更改增加换缩减求该变更须甲方代表书面形式确认方效
During the process of the project the representative of Party A has the right to request for variation addition substitution and reduction on the drawings and explanations at any time but such variations shall only be regarded as effective with the confirmation of the representative of Party A in writing
第十条 关安全生产防火约定
Article 11 Agreement on Safety and Fire Control in Construction
111甲方提供施工图纸作法说明应符合中华民国消防条例关防火设计规范
Construction drawings and Explanations of Work Procedures provided by Party A should meet
all standards of fire control design set forth by the Fire Code of the People＇s Republic of China
112乙方施工期间应严格遵守建筑安装工程安全技术规程建筑安装工安全操作规程中华民国消防条例相关法规规范
Party B must strictly adhere to the Safety and Technical Standards of Construction and
Infrastructure Installation Safety Standards for Construction Workers the Fire Code of the People＇s Republic of China and other relevant regulations and standards
113乙方施工生产程中违反关安全操作规程消防条例导致发生安全火灾事乙方应承担引发切济损失发生事乙方应立报政府关部门通知甲方代表时政府关部门求处理乙方事负全责确保甲方完全免责甲方承担财务非财务责
In the event of accidents regarding safety or fire control occur due to Party B＇s violation of safety standards and fire code during construction Party B shall be fully responsible for all financial losses Upon accident happened Party B should promptly report the event to relevant government authorities and inform the representative of Party A and should handle the issue according to government instructions Party B shall be fully responsible for such accidents and should guarantee that Party A is fully exempted from liabilities and Party A shall NOT be responsible for any financial or nonfinancial liabilities
114乙方开工前应提出安全措施甲方代表权阻止辞退违反安全措施乙方雇员乙方分包商雇员乙方条件意换雇员
Party B should submit safety measures prior to the beginning of the project the representative of Party A has the right to stop or dismiss employees of Party B or its subcontractors who have violated the safety measures Party B should agree to replace such employees unconditionally
115乙方需动明火作业时应规定甲方审批批准施工
In the event of Party B needs to use open fire for operation Party B should request consent from Party A and can ONLY proceed with the approval of Party A
116乙方需施工员签订安全协议做岗前安全教育工作
Party B should sign safety agreement with each individual construction worker and provide proper education on safety prior to first day of work
117 室外施工场垃圾淤泥堆放场必须限制允许范围外围做实美观围挡防护
Outdoor construction space and storage space for wastes should be restricted within the permitted region and should be enclosed with decent fences for protection
118 施工现场准做饭住宿允许适员守现场
No cooking and lodging is allowed on the construction site Only authorized security personnel are permitted to stay at the site over night
119 施工员规定通道指定卫生间准卫生间洗澡等
Construction personnel should use toilets according to the approved passageway and are NOT allowed to take showers in the restrooms
第12条 转分包
Article 12 Contract Transfer and Subcontracting
121没甲方事先书面意乙方转合全部部分利益
Party B shall NOT transfer the contract and any part of the contract and its corresponding to any third party without Party A＇s consent in writing
122非合规定乙方未甲方代表事先书面意分包工程部分甲方代表种意视免乙方合项责义务乙方应分包商代理雇员工行违约疏忽承担责种责应等身代理雇员工行违约疏忽致责般计件工作视条款诉分包甲方代表拥完全权利工程开工期间乙方时提供保证工程适充分进行保养必须进步详图指导乙方应执行受约束
Unless otherwise specified Party B shall NOT subcontract any part of the project without Party A＇s consent in writing The consent of subcontract by the representative of Party A shall NOT be regarded as an exempt of Party B＇s any responsibilities or liabilities under this contract Party B shall be held responsible for all behaviors violations and negligence of its subcontractors or their agents employees or workers and such responsibility should be equivalent to that incurred by the behaviors violations and negligence of Party B itself or its agents employees and workers Usually the piecework is not regarded as subcontracting described in this clause The representative of Party A has full authority to provide Party B with any additional detailed drawings and instructions necessary to guarantee that the project can proceed and be maintained properly and sufficiently Party B should act accordingly and is subject to the requirement of this authority
第13条 违约责
Article 13 Liabilities for Breach
131甲方违约责
Party A＇s liabilities for breach
甲方未合约定方式支付合价款甲方应乙方支付滞纳金滞纳金工程款期日第二日起计算日滞纳金期款02甲方原造成付款延期超25日乙方权解合造成损失甲方承担
In the event of Party A fails to make payment according to the payment terms Party A should
pay a late fee to Party B the late fee shall be calculated starting from the second day of the due date for the corresponding payment Daily rate of the late fee is 02 of the corresponding payment If the delay of the payment is caused by Party A and is delayed for more than 25 days then Party B can terminate this contract and Party A shall take full responsibility for any loss caused by this
132乙方违约责
Party B＇s liabilities for breach
1321乙方未合约定时间期完工逾期天乙方甲方支付工程总价款02作违约金乙方原造成工程延期超25日甲方权解合造成损失乙方承担
In the event of Party B fails to complete the project according to the construction period in the contract Party B shall pay 02 of the total contract amount for each day overdue as penalty for the breach If the delay of the construction completion is caused by Party B and is delayed for more than 25 days then Party A can terminate this contract and Party B shall take full responsibility for any loss caused by this
1322根甲方求乙方应购买工程材料甲方提交材料合格证质量检测报告果乙方提供材料合格证质量检测报告致例价高质劣次充假伪劣乙方处罚金罚金工程总价款30
Party B should submit to Party A the QA certificate and Report of Quality Assurance Test for the materials it has purchased in the event of the materials provided by Party B differs from the QA certificate and the Report of Quality Assurance Test for instance products with poor quality and high price inferior materials faked as superior ones or counterfeited products Party B shall be fined at the rate of 30 of the total contract amount
1323乙方未合求购买设备材料安装建设甲方造成损失乙方采取补救措施时赔偿甲方带济损失
In the event of Party B fails to purchase use install and build with materials and equipment as described by this contract Party B shall take remedial measures in response to the loss to Party A and shall compensate Party A for the financial losses incurred
第十四条 争议处理
Article 14 Dispute Settlement
141 合文件容含糊清相致时影响工程正常进行情况发包承包协商解决
In the event that the text of the contract is vague or inconsistent the Parties shall attempt settlement through friendly negotiation on the premise that the normal progress of the construction project is not affected
142合引发争议应双方友协商解决协商成乙方均争议提交位北京中国国际济贸易仲裁委员会仲裁仲裁裁决应终局双方具约束力仲裁费承担仲裁庭决定
Any dispute arising from or in connection with this Contract shall be settled through friendly negotiation between the Parties and in the event of the dispute can NOT be settled through negotiation either party may submit the dispute to the China International Economic and Trade Arbitration Commission located in Beijing for arbitration which shall be conducted in accordance with the Commission＇s arbitration rules in effect at the time of applying for arbitration The arbitral award is final and binding upon both parties The cost of arbitration shall be burdened according to the Commission＇s decision
第15条 抗力
Article 15 Force Majeure
151抗力诸火灾水灾政府强令措施抗力原合履行合责义务予延缓抗力消失合继续履行合责义务抗力造成迟延履行期间予期延
If the contract cannot be fulfilled due to force Majeure such as fire flood government forces and other force majeure factors the fulfillment of obligations may be delayed When the force majeure has disappeared the contract shall be continued to be fulfilled and the contract obligations shall be extended by the same period of delay caused by the force majeure
152告知抗力方应书面知会方事件发生时提供适证明条件持续时间外告知方应力减轻啃方造成损失
In case of force majeure the affected party shall notify the other party of the occurrence and the evidence of existence of and the duration of the force majeure In addition the disclosing party shall endeavor to reduce losses possibly inflicted to the other party
153旦抗力事件发生双方应时商谈寻求公正解决方法努力减少损失该抗力情形持续超二十天甲方权决定解合
In case of force majeure the two Parties shall discuss in a timely manner in order to seek fair and square solutions and reduce possible losses as much as possible In the event that the said Force Majeure cause lasts over 20 days Party A has the right to terminate the contract
第16条 已完成工程部分
Article 16 Use of Finished Parts of the Project
161甲方权利已完成部分工程
Party A has the right to use any finished pads of the project
第17条 通知
Article 17 Notices
关合通知应视已列时间送达：
All notices with regard to the contract shall be regarded as delivered at the following times
(a) 专递送达指定址时
Delivery by specified personnel upon arrival at the specified location
(b) 传真方式发件传真机出成功传送确认条时
Delivery by facsimile transfer upon successful printing of the confirmation notice by the sender’s facsimile machine
(c) 快递方式发件第三日
Delivery by courier service the third day after sending out the notice
述通知应送列接收通知址合方指定址
All above notices should be delivered to the recipient＇s address listed as follows or to an address that either Party may appoints later
乙方代表：xxxx
Representative of Party B xxxx
址：xxxx
Address xxxx
甲方代表：xxxx
Representative of Party A xxxx
址：xxxx
Address xxxx
第18条 未事宜
Article 18 Miscellaneous
181合未事宜双方协商签订书面补充协议补充协议合具等效力
Matters not mentioned herein shall be settled by supplemental agreements by the two Parties＇
the supplemental agreements shall be equally effective as this contract
第19条 合生效
Article 19 Effectively Clause
合中英文书写式四份双方持两份签字盖章生效中英文相突中准
This contract is written in both Chinese and English in quadruplicate with both texts being equally authentic and each Party shall hold two copies The contract becomes effective from the date of signing and stamping by both Parties In the event of any conflict between the English and Chinese the latter shall prevail
甲方： 乙方：xxxx
Party A
委托代表：
Representative
签订日期： 签订日期：
Date Date
Party B xxxx
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