工程建设合同范本-英文教学提纲.doc

学习资料-contract( contract no. ) ( date )party a:party b:according to p.r.c contract law, and other relevant laws and regulations to the specific circumstances of this project, parties a and b have hereby equally and voluntarily entered into the following agreement executed on the basis of mutual respect.1. project overview1.1. project name:1.2. project location:1.3. a. b. project contents:a. the new r & d and new plant construction of network cabling systems;b. data center, mainly includes: data center decoration and electrical systems, air-conditioning systems, cctv systems, access control systems, firefighting system reform, server rack systems.1.4. 1.5. cny project costtotal project cost is yuan ( cny ).detailed contract price list see attached quotation list.in the detailed design and construction process, if the project quantity changes, according to the contract price adjustment project cost; if the material is changed, the supplemental agreement agreed by both parties for adjustment of engineering cost.2. terms of payment2.1. party b shall provide the designated account to party a, party a by check or bank transfer to pay the contract payment to party b.2.2. 40% after the signing of this contract, party a shall pay to party b 40% of the total contract price as the project advance payment;2.3. 755% 2.4. 33. responsibilities of the parties3.1. responsibilities of party a:a. ;timely written notice to party b the conditions of this project have the time to start;c. to assist party b to enter the construction site personnel required documents, approval documents and other relevant procedures;d. to provide on-site engineering office and sufficient field warehouse;e. actively assist party b construction, coordination with various departments, and responsible for providing the needed for the project site plans and architectural drawings.f. timely according to the terms of the contract payment schedule to pay party b project funds.3.2. responsibilities of party b:a. party b before the project begins shall organize relevant personnel to study and be familiar with drawings, involved in the design work, arrangement of construction general schedule plan and submit to party a;b. to the party a or project supervision to provide the purchase a variety of products, equipment, technical information, accept entry inspection;c. abide by the party or the supervision on construction site of the relevant provisions;d. 4. construction and engineering design change4.1. on the construction of party b according to the country issued construction acceptance norms and quality inspection standards, as well as the design requirements, all project achieve the qualified standard.4.2. during construction, to adhere to the design documents and construction drawings of the construction, any party shall not be arbitrarily changed design, such as the emergence of idleness, rework and loss of material, as well as an increase in labor cost, as the party a s cause, loss borne by the party a, the party b causes, losses shall be borne by party b.4.3. aduring the construction, if the party a to change the design document, shall give a written notice to party b; if party b is found the design documents are wrong or serious ueasonable place, should also be written notice to party a, both sides agreed and modify design drawings and documents before it can continue to construction.4.4. in the process of construction, in case of the following circumstances, be extended period, both parties shall timely consultations, and through the written form to determine the extension of the time limit:a. because of natural disaster or the manpower irresistible reasons forced shutdown;b. because party a proposed changes to the plan or change the construction graph therefore cannot continue construction;c. party b fails to supply equipment or for the materials or equipment of different specifications, was forced to shut down or not smooth construction;5. final acceptance and after-sales service5.1. (5.3 12project after acceptance into the warranty period. warranty period from the date of acceptance of 12 months. during the warranty period, party b shall system in addition to human factors all fault is responsible for free repair or replacement.5.4 28during the warranty period, party b shall do to help telephone response within 2 hours, 8 hours to arrive at the scene and set about solving the problem. after the end of the warranty period, party b on the system paid maintenance. paid maintenance costs through consultation by the two parties.6. technical service and training6.1. 6.2. during the warranty period, party b shall provide two on-site inspection services, including the status of system view, recording, and the necessary equipment maintenance. translation:construction contractparty a: (developer)(contractor)this contract is signed by the two parties party a and party b according to the contract law of the peoples republic of china, the contraction law of the peoples republic of china , and other relevant national laws and regulations, as well as the specific nature of this project. on the basis of honesty and credit, equality, voluntariness, party a and party b have reached consensus through negotiations and signed this contract.1. project introduction1.1. 1.2 1.3 1.4 the design of construction drawings:2. nature of contracting3. construction period7. quality of project8. contract amount8.1. 5.29. final audit of the project6.1 the condition and steps for party a pay the project funds to party b:9.1. 6.3 party b shall submit to party a equivalent invoice before party as each period payment, otherwise, party a can refuse to pay until the receiving of the party bs invoice.6.4 the invoice provided by party b should be valid. any falls invoice provided by party b which are found by relevant office, the party b should not only provide the valid invoice to party a, but also bear the responsible caused by the invalid invoice.10. variation of design and visa11. 1during the process of the project, any contract list, technology checking list ( not include the variation, addition, substitution, and reduction on the drawings and project fee) concerning about this project shall only be regarded as effective with the confirmation of the representative party a in writing.7.2 any variation notice list, technology checking list, contract list, technology checking list ( include the drawings design) concerning about this project shall only be regarded as effective with the confirmation of the seal of party a.12. 4party b shall take full responsibility for any loss caused by delaying for more than days applying for extension vise from party a changed design.13. acceptance and final audit of the project13.1. acceptance of the projectworking days after receiving the notification.8.1.2party b shall be responsible for the re-inspection cost, and the project periodshall not be extended.13.2. final audit of the projectif the result of re-inspection has passed acceptance standards, party b shall submit the audit report and materials to party a for verification within14. obligations of party a and party b14.1. obligations of party a:as the on-site 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 and withdraw therepresentative at any time.9.1.2. design drawings and scheme to party b.9.1.4.party a shall be responsible for coordinating the relationship with the engining.9.2.2.party b shall observe safetypolicies of on-site management by the state and guangxi , nanning government authorities and shall independently and fully assumes responsible for the loss caused by violation.9.2.4.during construction, party b should make such adjustment to the construction plan and the progress schedule per party as instruction and change-orders.15. agreement on safetyparty b must strictly adhere to the safety and technical standards of construction and infrastructure installation and regulation of china, guangxi zhuang autonomous region, nanning safety standards and other relevant regulations and standards.the construction spot should meet all standards of the peoples republic of china. and bearing the safety fees which are not caused by party a.16. the concerning material supply16.1. party a or party b should be responsible for the material ,equipments,which should meet the qualified design request with qualification guarantee books.16.2. any material,equipment which is bought by the party b, if not agree with the quality request or specification contain difference,should forbid any usage.the party b should rebuy the equipment and bear the responsibility to make sure no delay on the project.if party b refuses to change the materials, party a has the right to terminate the contract and asks for loss from party b.16.3. any material,equipment which is bought by the party a, if not agree with the quality request or specification contain difference,should forbid any usage.the party a should rebuy the equipment and bear the responsibility to make sure no delay on the project.17. warranty17.1. warranty scope: as state in the contract.18. 3during the warranty period, party b shall fix within days after receiving the notice from party a. 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 costs incurred shall be burdened by party b.12.4. mode of notices: phone, fax, e-mail, and so on.12.4.1 in the way of call the phone or faxing: party b s tel: these contact ways will be regarded as the evidence of warranty notice to party b after the calling and faxing.12.4.2.in the way of posting: party b s address: these contact ways will be regarded as the evidence of warranty notice to party b after e-mailing.12.4.3. in the way of e-mailing: party b s e these contact ways will be regarded as the evidence of warranty notice to party b after e-mailing.12.4.4. the fees of noticing party b will be borne by party b.12.5. project quality retention fee(tip: the blue words will be suite for under the condition of withing the project quality retention fee)19. liabilities for breach13.3.party a can terminate this contract and party b shall take full responsibility for any loss caused by this when one of these condition takes place.days.13.3.2party b transfers the contract and any part of the contract and its corresponding to any third party without party as consent in writing.days.13.3.4.safety and quality accidents.13.3.5. the materials provided by party b differs from the qacertificate and the report of quality assurance test. and party b can not make change on these material.13.4.party b should make salary/wages 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 bs failure to pay salaries and wages according to the requirements. in the event of migrant workers create a disturbance on group site, party as premises, office space, party b should paid penal sum yuan each time.13.5.in the event any13.6. penal sums and other penalty fees that party b should to party a , party a can take out the same amount of money directly from the project fees. (including quality retention fee).20. other provisions20.1. party a and party b will deal with each partys property and life insurance and assume their insurance costs respectively.20.2. both parties shall timely discuss each other for the settlement of any dispute