【正文】
ly and efficiently. 5. When the Plant shall have passed the above tests, the Owner shall furnish the Contractor with a certificate in writing to that effect. No Plant shall be delivered until any faults discovered during inspection are satisfactorily rectified. 第七條 工地 1. 承包商應(yīng)在工地上提供所有令業(yè)主滿意的材料、勞力、設(shè)備、服務(wù)和便利,以便順利施工和完工?! rticle 7Inspection 1. The Contractor shall provide at the Site to the reasonable satisfaction of the Owner all materials, labour, equipment, services and facilities that may be necessary for the proper execution and pletion of the Works. 2. Without prejudice to the generality of the above, the Contractor shall provide, as may be necessary, the following: a. Construction equipment. b. Means of transport within the Site including temporary roadways. c. Fencing, lighting and guarding and all other materials and services necessary for the safety and security of persons and property. d. Temporary stores, offices and other buildings or structures for materials and persons engaged in the Words, including persons employed by the Owner. e. Telephones, firefighting equipment and firstaid equipment until the whole Works have been taken over. f. Sanitary and canteen facilities for the use of persons engaged in the Works. 3. The Contractor shall observe all safety and other regulations imposed on the Site by local laws. 4. The Contractor shall at all times keep the Owner39。業(yè)主向項目經(jīng)理發(fā)出的所有指示,如同發(fā)給承包商本人一樣,同樣具有約束力。然而,如果根據(jù)本合同,這類損壞的責(zé)任不在承包商,而業(yè)主要求予以修復(fù),承包商應(yīng)按業(yè)主指示辦理,但費用由業(yè)主負擔(dān)。如承包商要求,業(yè)主應(yīng)向承包商提供承包商為處理此類索賠或訴訟所需要的所有資料和幫助?! . 對承包商或其分包商在執(zhí)行本合同中使用的所有車輛投保綜合汽車責(zé)任險。業(yè)主有權(quán)隨時索取保單、背書、續(xù)保和保險費收據(jù)的復(fù)印件。s and subcontractor39。在完工證明書簽發(fā)之前,不得給工廠進料。 3. 性能測試將按附示的規(guī)定進行。如工廠未能通過性能測試,業(yè)主仍可酌情頒發(fā)最后驗收合格證書,條件是承包商必須盡快糾正工廠存在的問題?! ?. 承包商應(yīng)根據(jù)附錄規(guī)定的格式開立一份以業(yè)主為受益人、金額為合同價格%的保證書,作為其履行本條款項下義務(wù)的保證。承包商應(yīng)更換或修理所有有缺陷的零部件。如果業(yè)主未經(jīng)承包商同意試圖自行修正,則本保修條款無效。s representative is on Site or within(…)days if not, to the Contractor39。s agreement. 4. This warranty does not include items which fail due to natural wear and tear, or consumables or similar items whose natural life is (…) months or less. 5. If pursuant to the above warranty the Contractor repairs or replaces any equipment, materials or workmanship, the provisions of this Article shall them apply to said repaired or replaced equipment, materials or workmanship for a period of one year from the date such repairs or replacements are pleted. 第十五條 專利權(quán)和專利使用費 1. 承包商應(yīng)全力保護業(yè)主在使用其提供的工幫時免遭因侵犯第三方的專利、設(shè)計或版權(quán)而面臨的訴訟、索賠、要求和各種費用?! ?. 如果業(yè)主未能按照本合同在規(guī)定日期天內(nèi)向承包商支付任何款項,或者如果承包商因業(yè)主在履行合同上的失誤而被中斷或拖延了工程的進行,承包商有權(quán)暫停執(zhí)行本合同。s contractual default, the Contractor shall be entitled to suspend performance of this Contract. 3. In the event of suspension of the Works in accordance with this Article the Contractor shall be entitled to receive such reasonable additional payment as may be necessary to pensate for the additional costs arising out of such suspension, interruption or delay and such reasonable extension of time for performance of Contract. 第十七條 合同終止 1. 按照第第規(guī)定,如果暫停時間持續(xù)超過天,任何一方都有權(quán)通知另一方立即終止本合同?! rticle 17Termination 1. In the event of suspension in accordance with Article (…) lasting for a period of more than (…) days either party shall have the right to give notice to the other party of the immediate termination of this Contract. 2. The Owner may at any time by written order to the Contractor order the Contractor to cease further execution of the Works, and the Contractor shall upon receipt of a termination order, cease all further work on the Site other than such work thereon as the Engineer may instruct for the purpose of protecting, making safe or tidying up such parts of the works as may already have been executed or be in course of erection. The Contractor shall, as soon as practicable after receipt of the termination order, also cease all such further work as is being done off the Site in the performance of this Contract. 3. Upon termination of this Contract under this Article and under Article (…), the Contractor shall be entitled to be paid: a. that part of the Contract price which is proportionate to engineering and services carried out, and b. that part of the contract price which is proportionate to the Plant pleted but not delivered. 第十八條 不可抗力 1. 如果任何一方因不可抗力而款能履行或推遲履行其義務(wù),則不對另一方負責(zé),也不應(yīng)視作違反合同。發(fā)出通知的一方允許根據(jù)具體情況及妨礙或延遲持續(xù)的時間免于履行或推遲履行合同。 c. earthquake, flood, fire or other natural physical disaster。 obligations。 Article 19Assignment and Subcontractors 1. The Contractor shall have the right to subcontract this Contract or any part thereof in accordance with his usual practice without relieving the Contractor of the obligations of performing this Contract. 2. Neither party shall without the previous consent in writing of the other party assign or any part thereof to any third party, except in the case of a pany amalgamation or reconstruction, provided that such consent shall not be unreasonably withheld. 第二十條 宣傳 承包商在作與本合同相關(guān)的宣傳材料的散發(fā)或公開宣布前,應(yīng)征得業(yè)主的同意?! rticle 21Effective Date of the Contract 1. The effective date of this Contract shall be the date after its execution when all the necessary approvals of the respective authorities have been obtained by the Owner. 2. If the Contract does not bee effective within(…) days from the date of execution, it will be deemed void unless otherwise agreed between the parties. 第二十二條 法律和規(guī)定1. 承包商應(yīng)在與履行本合同有關(guān)的所有事務(wù)中遵守中央或地方政府所有適用的法律、法規(guī)和命令?! rticle 23Entire Contract 1. This Contract constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, representations or agreements whether oral or in writing relative to the subject matter of this Contract. 2. This Contract shall be altered or supplemented only by mutual consent in writing between the Owner and the Contractor. 第二十四條 合同語言 本合同以英語起草,并以英文本為準,對方雙均有約束力。用電報、電傳發(fā)出的通知、同意或請求應(yīng)視作當(dāng)