PLANT CONSTRUCTION CONTRACT.doc

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1、PLANT CONSTRUCTION CONTRACTArticle 1-DefinitionsThe Owner shall mean .The Contractor shall mean .The Plant shall mean all or any part of the machinery, equipment andmaterials forming the permanent installation as specified in Appendix.The Site shall mean all the land where the plant is to be constru

2、cted in accordance with this Contract.The Works shall mean the works to be done by the Contractor under this Contract.The Contract Price shall mean the total sum payable to the Contractor by the Owner for the Works.Article 2-Contractors Responsibilities1. The Contractor shall design, engineer, and c

3、onstruct the Plant at the Site.2. The Contractor shall provide all equipment, materials, tools, facilities,labour and services necessary for the successful construction of the Plant except those items and facilities to be supplied by the Owner under Article.3. The Contractor shall perform the Works

4、in accordance with the Schedule in Appendix.4. The Contractor shall provide the Owners personnel with training of peration and maintenance of the Plant in accordance with Appendix.5. The Contractor shall supply the Owner with the spare parts specified in Appendix.6. The Contractor shall supply the O

5、wner with the maintenance equipment specified in Appendix.Article 3-Owners Responsibilities1. The Owner shall make available the Site and grant the Contractor free and uninterrupted access thereto throughout the duration of this Contract.2. The Owner shall provide those items and facilities specifie

6、d in Appendix at the time therein established.3. The Owner will obtain from the relevant Authorities those licenses and permits necessary to construct and operate the Plant on the Site including work permit for the Contractors employees.4. The Owner shall pay the contractor for the Works performed t

7、he Contract Price set out in Article.Article 4-Contract Price1. Within days after the effective date of this Contract, the Owner shall pay the Contractor as full and complete compensation for accomplishing the Works and assuming all obligations under this Contract the Contract Price in the amount of

8、 .2. The Contract Price is not subject to escalation, and the cost of executing he Works shall be the risk of the Contractor who shall be deemed to have btained all information and taken into account all circumstances which may affect the cost in agreeing the Contract Price.Article 5-Drawings1. The

9、Contractor shall submit to the Owner for approval and review within he time specified in Appendix _ such drawings as may be required for Construction of the Plant under this Contract. Within one month after receiving such drawings the Owner shall review and approve or disapprove the drawing.2. The C

10、ontractor shall be responsible for any defects, errors or omissions in the above drawings unless such defects, errors or omissions are caused by inaccurate information furnished in writing to the Contractor by the Owner.3. All drawings and technical documentation delivered by the Owner or the Contra

11、ctor to the other party shall be treated as confidential by the receiving party unless agreed otherwise, and shall not be used by that party for purposes other than those connected with this ContractArticle 6-Inspection1. The Contractor shall perform all inspection and testing of the Plant required

12、by law and normal engineering practice.2. The Owner shall be entitled at all reasonable times and at its own cost to inspect, examine and test the materials and workmanship of the Plant under construction. Such inspection, examination or testing if made shall not release the Contractor from any obli

13、gation under the Contract.3. The completed Plant shall be inspected, examined and tested by the Owner,and the Contractor shall give the Owner reasonable notice in writing of the date on which the Plant will be ready for testing.4. The Contractor shall provide such assistance, labour, materials, elec

14、tricity,fuels, apparatus, stores and instruments as may be required and as maybe reasonably demanded to carry out such tests by the Owner properly and efficiently.5. When the Plant shall have passed the above tests, the Owner shall furnish the Contractor with a certificate in writing to that effect.

15、 No Plant shall be delivered until any faults discovered during inspection are satisfactorily rectified.Article 7-Inspection1. 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

16、proper execution and completion of the Works.2. Without prejudice to the generality of the above, the Contractor shall provide, as may be necessary, the following:a. Construction equipment.b. Means of transport within the Site including temporary roadways.c. Fencing, lighting and guarding and all ot

17、her 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, fire-fighting equipment and first-aid equipme

18、nt 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 Owners property and the adjoin

19、ing premises, driveways and streets free of construction materials and rubbish caused by the Works, and at the completion of the Works shall remove all remaining materials from and about the premises and shall leave the Site and Plant safe, clean and ready for use.Article 8-Inspection1. The Contract

20、or will supply at his own cost food, transprot and all necessary facilities for all his own personnel.2. On signing the Contract, the Contractor shall appoint a project manager who will represent the Contractor at all times be present at the Site during working hours. All communications issued by th

21、e Owner to the project manager shall be binding as if given to the Contractor.3. The Owner may request the removal and replacement of any person employed by the Contractor on the Site if such person is in the Owners opinion guilty of misconduct, incompetence or negligence.Article 9-Inspection1. The

22、Contractor shall be responsible for all losses of or damage to the Plant before final acceptance, and shall make good al such loss or damage at the cost of the Contractor and to the reasonable satisfaction of the Owner provided, however, in the case of loss or damage to the Plant arising from or occ

23、asioned by causes for which the Contractor is mot responsible under the Contract, the same shall be made good by the Contractor but at the cost of the Owner, if the Owner so directs.2. The Contractor shall indemnify the Owner in respect of all damage and in jury occurring before the issue of the fin

24、al acceptance certificate to any property and person and against al l actions, suits, claims, demands, charges and expenses arising in connection therewith which shall be occasio ned by the negligence of the Contractor or any of his sub-contractors or by defective design, materials or workmanship bu

25、t not otherwise.3. In the event of any claim being made or actions brought against the Owner arising out of any matter in respect of which the Contractor is or may be liable under this Article, the Owner shall promptly notify the Contractor in writing thereof and the Contractor shall at his own expe

26、nse take over and conduct in the name of the Owner all negotiations for the settlement of the same and any litigation that may arise therefrom. The Owner shall at the request of the Contractor afford all such information and assistance as the Contractor may reasonably require for the purpose of deal

27、ing with any such claim or action.Article 10-Inspection1. Without limiting the Contractors liabilities the Contractor will at his own expense take out the following insurance:a. Transportation insurance on the machine and equipment from its deliveryex works to arrival at the Site.b. Workers compensa

28、tion insurance for all Contractors and subcontractors employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations.c. Product liability insurance against damage to property or injury to persons until the end of the maintenance period in the sum not l

29、ess that (amount) US dollars per occurrence.d. Comprehensive automobile liability insurance in respect of all vehicles used by the Contractor or his sub-contractor in connection with his Contract.2. The aforesaid policies of insurance will be taken out in the names of the Contractor and its sub-cont

30、ractors, the Owner, their engineer, consultant and employees and agents as the joint insured and the policies shall contain a waiver of insurers rights of subrogation against the Owner, its engineer, consultant and employees and agents.3. The Contractor shall maintain the aforesaid policies in full

31、force and effect until the discharge of his obligations under this Contract, and the Owner shall have the right to demand from time to time copies of the policies, endorsements and renewals and receipts for payment of insurance premiums. If the Contractor fails to maintain any of these policies in f

32、ull force and effect, the Owner shall have the right to rake out such policies and pay all relative premiums on behalf of the contractor and to deduct the relevant costs from and sums owing to the Contractor.Article 11-Inspection1. On completion of all construction and erection work of the Plant, th

33、e Contractor shall inform the Owner and shall carry out mechanical erection completion tests specified in Appendix to the satisfaction of the Owner.2. On satisfactory completion of such tests the Owner will issue a certificate of completion of erection of the Plant. No feedstock shall be fed into th

34、e Plant until a certificate of completion of erection has been issued.3. In the event of minor deficiencies in the construction and erection work which do not prevent erection completion and/or in the event of defects revealed by the tests which do not prevent the start-up of the Plant, the Owner sh

35、all issue a certificate of completion of erection and the Contractor shall be obliged to rectify the deficiencies as quickly as possible thereafter.Article 12-Inspection1. Following the issue of the certificates of completion of erection the Contractor shall give the Owner days notice of the date wh

36、en he will be ready to carry out performance tests of the Plant.2. The Owner shall provide the feedstock and other facilities required in Appendix to enable the tests to commence on time and the Contractor shall begin the performance tests at the time so notified.3. The performance tests will be car

37、ried out in acceptance with the provisions of Appendix and on their successful completion, the Owner shall issue a final acceptance certificate stating that the Plant has been taken over by the Owner as from the date thereof.4. If the Plant fails to pass its performance test, then the Contractor,aft

38、er making such adjustments as he considers necessary, shall repeat such tests in the presence of the Owner at a time to be agreed upon under the same terms and conditions as the original tests.5. The Plant shall not be commercially operated before the issue of the final acceptance certificate. Notwi

39、thstanding the failure of the Plant to pass its performance tests, the Owner may at his discretion issue a final acceptance certificate subject to the Contractor remedying the Plant defects as soon as possible.Article 13-Inspection1. In the event of any repeat of a performance test failing for reaso

40、ns imputable to the Contractor, and there being no mutual agreement to continue retesting, the results of the final test will be measured and the Contractor will be liable to pay to the Owner liquidated damages on the scale set out in Appendix up to a maximum of % of the Contract Price.2. If the Con

41、tractor is unable for reasons within his control to obtain a final acceptance certificate for the whole Plant by months from the effective date of this Contract, he shall be liable to pay to the Owner for each months delay liquidated damages of% of the Contract Price up to a maximum of% of the Contr

42、act Price in accordance with Appendix.3. The Contractor shall establish, in favour of the Owner, a guarantee for% of the Contract Price in the form set out in Appendix in support of his obligations under this Article.Article 14-Inspection1. The Contractor warrants, for a period of months from the da

43、te of issue of the final acceptance certificate or months from the effective date of this Contract whichever is the earlier, the supplied Plant against faulty design, material and workmanship.2. The Owner shall inform the Contractor in writing of all claims arising under this provision within days o

44、f the detection of fault, if the Contractors representative is on Site or withindays if not, to the Contractors head office by telex r recorded air mail delivery with supporting data. The Contractor shall have the option to replace or repair all parts proved deficient. For this purpose the Contracto

45、r shall have the option to replace or repair all parts proved deficient. For this purpose the Contractor shall have an access to the Site to inspect the faulty parts at any time and to enable him to comply with the terms of this guarantee. Should the Contractor fail to carry out agreed remedial work

46、 within any period of time reasonable in the particular circumstance, the Owner shall have the right to do this work at the Contractors expense.3. This warranty is given subject to the Owner storing, operating and maintaining the Plant in accordance with the Contractors instructions and specified op

47、erating parameters and may be nullified in the event of the Owner attempting rectification work without the Contractors 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 th

48、e above warranty the Contractor repairs or replaces any equipment, materials or workmanship, the provisions of this Article shall them apply to said repaired or replaced equipment, materials or workmanship for a period of one year from the date such repairs or replacements are completed.Article 15-P

49、atent Rights and Royalties1. The Contractor shall fully indemnify the Owner against all actions,claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement of patents, design or copyright of third parties by the use of the Plant supplied by the Contractor.2. The Contractor shall also be responsible for the payment to third parties of all fees, royalties and other charges, if and, that may be payable under the terms of any license or permission in respect of any design of the Works provided by the Contractor