家乐福超市有限公司工程主合同范本.doc

Contractfor WorksbetweenChengdu Carrefour Supermarket Co. Ltd.and(Sub Contractor)工程合同签约人:*家乐福超市有限公司与(承包人)Contents of the Contract合同内容Item Description Page Cover pageContents of the ContractEmployer / ContractorDefinitionsGeneralContractEmployers facilitiesSite working & AccessCommencement & CompletionInstructions & DecisionsAuthorized VariationsValuations of Authorized variationsNotices & ClaimsProperty in Materials & PlantsIndemnitiesMaintenance & DefectsInsurancePaymentDetermination of the ContractContractors DefaultsDisputesThe Contractors staff & Sub-contractorsSafety, Health, Security & Housekeeping on siteEnvironmental RequirementsNon-conformance & Corrective actionsSuspension of worksFinal Inspection & Hand-overWorking & Financial schedulesClaims from AliensBusiness Practices Non-waiver BondsGoverning LawLanguage条款名称 页数封面合同内容雇主/承包人定义一般协议合同雇主之设施施工及出入工地工程开始及完成指令与决定变更的认可Page : 3Page : 3变更的估价通知与索赔物料及建造工具的所有权赔偿保养与缺陷保险付款合同的解除承包人过错争议承包方的人员及分包人工地的安全, 卫生, 保安及清洁工作环保要求工程错误及修改工程停顿最後检验及移交工程及财务计划书外人的申索业务守则非弃权保证金适用法律语言THIS CONTRACT is made the _ day of _ 2003 BETWEEN a) Chengdu Carrefour Supermarket Co. Ltd.of/whose registered office is at *(hereinafter called "the Employer") of the one part ANDof/whose registered office is at(hereinafter called "the Contractor") of the other partWHEREAS the Employer has entered into a Contract, particulars of which are set out in the First Appendix heretoAND WHEREAS the Contractor having been afforded the opportunity to read and to be aware of all the terms in this contract, has agreed to supply all materials, labour, technical support, supervision team, tools, equipment and plant, transportation, consumables and any other means needed to execute, complete and maintain:hereto and which form part of the works to be executed by the Contractor under this Contract (hereinafter referred to as "the Contract Works").NOW IT IS HEREBY AGREED as follows :1. DEFINITIONS1.1 In this Contract, all following words and expressions shall have the meanings given below unless otherwise provided herein :1.1.1 "the Employer" means the employer under the Contract as hereinafter defined, together with his servants, agents, employees and other representatives, particulars of which are given in the First Appendix hereto.1.1.2 "the Employer's Representatives" shall mean the architect and/or engineer and/or surveyor and/or other party or parties named in the First Appendix hereto, or such other persons as may be notified from time to time in writing by the Employer to the Contractor, being the parties appointed expressly or impliedly under their Contracts to be the Employer's principal representatives.1.1.3 "the Period for Completion" shall mean the period or periods for completion of the Contract Works as specified in the Second Appendix hereto.1.1.4 "the Contract Price" means the sum specified in the Second Appendix hereto as payable to the Contractor for the Contract Works.The Contract Price is a lump sum price.1.1.5 “the Lump Sum Price” includes, but is not limited to the costs of the completed works, all taxes and charges, overhead and profit, other similar expenses and fees related directly and / or indirectly to any endorsement until final approval to be obtained from all concerned government offices needed for the completion of works under the Contract.The Contractor is responsible for the quantity.Any difference of quantity will not be entertained or considered.1.1.6 “the Unit Rates” will only be utilized for any variation of works: addition or deduction of works.Those items of variation that do not have reference of unit rate basis shall be the rate provided by the local Quota Book issued by the Province Construction Commission and / or with negociated discount.1.1.7 "the Site" means the lands and other places provided by the Employer for the purpose of the Contract Works as hereinafter defined.1.1.8 “the Cost Center” means the area where the Contract Works are to be executed, completed and maintained upon the priority and urgency of completion.· Decoration&installation work1.1.9 "the Contract" means this document together with such other documents as are specified in the Third Appendix hereto, but excluding any standard printed conditions of the Contractor which may be included in such other documents, unless those standard printed conditions have been separately specified within the Third Appendix as to form part of the Contract.1.1.10 "the Contract Works" means all the works described in the Contract, unless otherwise stated and as are specified in the First Appendix hereto.1.1.11 “the Contractor” above named shall be an independent Contractor and shall not employ any person related directly or indirectly with the employees of the Employer in any respect.1.1.12 “the Supervision” means the company with a construction supervisory qualification and is entrusted by the Employer with the task and responsibility to represent the Employer and to supervise the Contract Works under the Contract in accordance with the Construction laws, rules and regulations.1.1.13 “the Design Institute” means the company with a construction design qualification and is entrusted by the employer to design the Contract works under the Construction laws, rules and regulations.1.1.14 “the Quantity Surveyor” means the company with a cost consulting qualification and is entrusted by the Employer to perform the cost control for the project.1.2 Words importing the singular also include the plural and viceversa where the context requires.1.3 The headings, marginal notes and any user notes of this Contract shall not be deemed to be part thereof or taken into consideration in the interpretation or construction thereof or of the Contract.1.4 All references herein to clauses are references to clauses numbered in this Contract and not to those in any other document forming part of the Contract unless otherwise stated.2. GENERAL2.1 The Contractor shall execute, complete and maintain the Contract Works in accordance with the Contract and to the reasonable satisfaction of the Employer and of the Employer's Representatives.2.2 The Contractor shall provide all expertise, management, staff, labour, materials, constructional plant, temporary works, working drawings and details and everything whether of a permanent or temporary nature required for the execution, completion, maintenance of the Contract Works, except as otherwise agreed in accordance with Clauses 3.1 and 3.2.2.3 The Contractor shall not assign the whole or any part of the benefit of this Contract nor sublet the whole of the Contract Works without the previous written consent of the Employer.Provided always that the Contractor may without such consent assign either absolutely or by way of charge any sum which is or may become due and payable to the Contractor under the Contract.2.4 The Conditions of this Contract shall prevail over those of any other document forming part of the Contract. Subject to the foregoing, the several documents forming the Contract are to be taken as mutually explanatory but in the case of ambiguities or discrepancies, the same shall be explained by the Employer.If the Contractor disputes the Employer's explanation, the Contractor shall nevertheless continue with the Contract Works in accordance with the said explanation, any such dispute to be resolved in accordance with Clause 18.3. CONTRACT3.1 The Contractor shall be deemed to have full knowledge of the Contract, and will assume and perform in respect of the Contract Works all the obligations and liabilities of the Contractor under the Contract. Provided that where it is a term of the Contract that the Employer assumes such obligations and liabilities and/or such obligations and liabilities are set out in the First Appendix, the Employer will be deemed to hold such responsibility.3.2 Save where the provisions of the Contract otherwise require, the Contractor shall so execute, complete and maintain the Contract Works that no act or omission of the Contractor in relation thereto shall constitute, cause or contribute to any breach by the Employer of any of his obligations under the Contract and the Contractor shall, save as aforesaid, assume and perform hereunder alt the obligations and liabilities of the Employer under the Contract.Nothing herein shall be construed as creating any privity of contract between the Contractor and the Employer.3.3 The Contractor shall indemnify the Employer against every liability which the Employer may incur to any other person whatsoever and against all claims, demands, proceedings, damages, costs and expenses made against or incurred by the Employer by reason of any breach by the Contractor of the Contract.3.4 The Contractor hereby acknowledges that any breach by him of the Contract may result in the Employer committing breaches of and becoming liable in damages under the Contract and other contracts made by the Employer in connection with the Contract Works and may occasion further loss or expense to the Employer in connection with the Contract Works and all such damages, loss and expense that are attributable to such breaches are hereby agreed to be within the contemplation of the parties as being probable results of any such breach by the Contractor.The Employer may deduct from any monies due or becoming due to the Contractor, any such damages, loss and expense which are incurred and attributable to any such breaches on the part of the Contractor.3.5 It is agreed by all parties that any amendment to the Contract shall be in writing and validated upon signature by the Employers duly authorized representative.4. EMPLOYER'S FACILITIES4.1 The Employer may permit the Contractor for the purpose of executing, completing and maintaining the Contract Works to use any existing facility, if it becomes available at the time of need, as is from time to time provided by the Employer in connection with the Contract Works, but the Employer shall not be bound to provide or retain any such facility for the Contractor's use.No such permission shall imply any warranty by the Employer as to the fitness, condition or suitability of such facility, nor relieve the Contractor, his servants or agents, of any statutory or other obligation to test or inspect the scaffolding to be used or to provide suitable facility for his use.4.2 The Contractor shall indemnify .the Employer against any damage or loss whatsoever arising from the misuse by the Contractor, of the constructional plant and/or other facilities provided for his use by the Employer.4.3 The Employer will provide utilities such as water and electricity with main power points to be connected to for the Contractor to execeute, complete and maintain the Contract works.Other facilities or utilities which are required to execute, complete and maintain the Contract works shall be solely and fully at the Contractors costs.Any facility or utility which may endanger the Contract works or the Site is not permitted to be brought into the Site.4.4 Any facility or utility provided by the Employer or by others shall only be used under the reasonable working purpose and not to be abused or wasted due to any careless attitude.5. SITE WORKING AND ACCESS5.1 The Contractor shall execute, complete and maintain of the Contract Works on the Site, observe the same hours of working as the Employer, unless otherwise agreed, and shall comply with all reasonable rules and regulations of the Employer governing the execution of works, and the arrival at, departure from and, where appropriate, the storage on the Site of materials and constructional plant.5.2 The Employer shall, from time to time, make available to the Contractor such part or parts of the Site and such means of access thereto within the Site as shall be necessary to enable the Contractor to execute, complete and maintain the Contract Works in accordance with the Contract, but the Employer shall not be bound to give the Contractor exclusive possession or exclusive control of any part of the Site.5.3 The Contractor shall permit the Employer, the Employer's Representatives, the Employer's servants and agents, others engaged by the Employer, utility undertaking or other duly constituted authority, the Employer, and any other Contractors engaged in the execution of the Contract Works to have reasonable access to the Contract Works and to such places on or off the Site where any work or materials are being executed, prepared or stored by or on behalf of the Contractor in connection with the Contract Works.5.4 All the Contractors and approved sub-contractors staff shall bear the Employers badge prior to any access.6. COMMENCEMENT AND COMPLETION6.1 Within seven (7) days, or such other period as may be agreed in writing, of receipt of the Employer's written instructions so to do, the Contractor shall enter upon the Site and commence the execution of the Contract Works and shall thereafter proceed with the same with due diligence in accordance with the requirements of the Employer and to suit the Employer's programme, as varied from time to time, and without delay except such as shall entitle the Contractor to an extension of the Period for Completion as provided below.Subject to the provisions of Clause 6, the Contractor shall complete the Contract Works within the Period for Completion as specified in the First Appendix hereto.6.2 If the Contractor shall be delayed in the execution of the Contract Works :6.2.1 by any circumstances or occurrence (other than a breach of this Contract by the Contractor) entitling the Contractor to an extension of time for completion of the Contract Works under the Contract; or6.2.2 by the ordering by the Employer of any authorised variation, suspension or resequencing of the Contract Works to which SubClause (6.2.1) of this Clause does not apply; or6.2.3 by any brea