合同条款英文版招标文件模板.docx

Conditions Of Contract
Index
1) Definitions
2) Inspection of Site
3) Time for Completion
4) Liquidated and Ascertained Damages
5) Payment
6) Defect Liability Period
7) Employer's and Building Owner's Indemnity
8) Insurance Against Injury to Persons and Property
9) Insurance of the Works Against fire, etc
10) Insurance Against Injury of Workmen
11) Statutory Obligations
12) Variations
13) Water and Electricity Supplies
14) Avoidance of Nuisance Due to the Works
15) Programmer of Works
16) Termination of the Contract
17) Design, Materials and Workmanship
18) Tests
19) As-Build Drawings and Records
20) Contractor's obligation
21) Correspondences

Conditions Of Contract
1) DEFINITIONS
For the context of this contract, the following terms shall have the definitions as below:
Building Owner :All legal owners and/or Incorporated Owners of the Premises
Employer : China Merchant Americold Ltd
Contractor : The person, firm or company appointed to carry out the Works of this contract including his heirs, executors or administrators.
Premises : Hutchison Logistics Centre, Container Port 4, Kwai Chung
The Works : All works required as stipulated in the cope of Works, Specification, Drawings and Schedule of Rates in relation to this Contract.
2) INSPECTION OF SITE
The Contractor is required to visi (the site and verify the exact scope, nature and quality of the Works including all relevant information included in this document and allow all necessary for the carrying out of the Works in the Tender sum. Site visit can be arranged by advance appointment with the Project Manager.
3) TIME FOR COMPLETION
a) The anticipated Date for Commencement and Date for Completion of the Works are late November and before End of February )but is subject to written confirmation by the Employer. No adjustment to the Contract Sum will be made if the date is different.
b) The Works is to be completed withir~90 calendar days>rom and including the Date of Commencement of the Works."-
c) Working hours shall follow the relevant clauses stated in the Scope of Work. The contractor shall allow everything necessary including overnight and overtime work to comply with such working hours restriction and no claim for extra time or cost shall be raised in this respect.
d) The Project Manager will issue a Certificate of Practical Completion upon the satisfactory completion of the Works.
4) LIQUIDATED AND ASCERTAINED DAMAGES
Liquidated and Ascertained Damages in the amount of HK$20,000.00 per calendar day for non-completion of the Works within the time for completion as stated in Clause 3 shall be applied to this Contract.
5) PAYMENT（付款）
a) Payment terms shall be follow as below
Upon Countersigning the Letter of Award : 0%
Upon Arrival of Site of All Major Materials : 30%
Upon Completion of the Works: 95%
Upon Expiry of the Defect Liability Period and making good all defects, whichever is later : 5%
The Employer’s interest in any amounts so retained shall be fiduciary as bene
b) Should the Contractor's work cannot comply with the performance requirement stated in the contract documents, the Employer is entitled to deduct any money due or become due to the contractor.
6) DEFECTS LIABILITY PERIOD
The Defects Liability Period for the Works shall be twelve months commencing from the date of completion of the Works.
During the Defects Liability Period, the Contractor will, if called upon so to do, keep his work in repair or make good any faulty work at his own expense within a period specified by the Employer. Should the Contractor fail to perform any remedial works within the time specified by the Employer, the Employer reserves the right to carry out the rectification works himself and deduct such costs from any payment due to the Contractor.
7) EMPLOYER'S AND BUILDING OWNER'S INDEMNITY
a) The Contractor shall be liable fro and shall fully indemnify the Employer and the Building Owner against any expenses, liability, loss, claim, or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the carrying out of the Works, expect to the extent that the same was due to any act or neglect of the Employer, the Building Owner or of any person for whom the Employer and the Building Owner is responsible.
b) The Contractor shall be liable for and shall fully indemnify the Employer and the Building Owner against any expense, liability, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including the existing structure together with all the contents thereof owned by the Building Owner &/or Employer or for which they are responsible for) in so far as such loss or damages arises our of or in the course of or by reason of carrying out of the Works, except to the extent that the same was due to any act or neglect of the Employer, the Building Owner or any person for whom the Employer and the Building Owner is responsible.
c) From the commencement to the completion of the Works the Contractor shall take full responsibility for the care of any work contained therein and in the case that any damage, loss or injury shall happen to any work contained therein or to any part thereof from any cause whatsoever, the Contractor shall at his own cost repair and make good the same.
8) INSURANCE AGAINST INJURY TO PERSONS AND PROPERTY
a) Without limiting the Contractor's obligations and responsibilities of indemnifying the Employer and Building Owner under Clause 7 of these Conditions, the Contractor shall effect and maintain for the benefit of and in the joint names of the Employer, Building Owner, the Contractor and Sub-contractors of any tier a Third Party Liability Insurance
i. to cover the liability in respect of personal injuries or deaths arising out of or in the course of or caused by the carrying out the Works, and
ii. to cover the liability in respect of loss or damage to any property real or personal (including the existing structures together with all the contents thereof owned by the Building Owner &/or Employer or for which they are responsible for) arising out of or in the course of or by reason of the carrying out of the Works.
Notwithstanding that the liability to indemnify the Employer and the Building Owner is absolute, the limit of the Third Party Liability Insurance Policy shall not be less than HK$20,000,000.00 per any one accident and unlimited in the aggregate for any one period of insurance. Such insurance policy shall contain a "Cross Liability Clause" and shall be placed with insurers to be approved by the Employer, such approval shall not be unreasonably withheld.
b) The Contractor shall bear the cost of all excesses (deductibles), exclusions or limitations applying under the said policy/policies (in so far as they concern risks for which he is responsible under the terms of the Contract) whether in respect of claims made against the Employer, the Building Owner, the Contractor, its sub-contractors of any tier or their employees or agent. The Employer may deduct any amounts payable by the Contractor under this clause from any monies due or which may become due to the Contractor. The Contractor shall not take or omit to take any step the taking or commission of which may result in any insurance policy or the cover under such policy becoming void or able to void.

c) If the Contractor considers the abovementioned limit of indemnity for any one accident is inadequate to cover these contractual obligations he is at liberty to take out a policy with an increased limit of indemnity but any additional premium or differential in premium shall be at his own expense.
d) All insurances as required under these Conditions are to be taken out with a company to be approved in writing by the Employer and the policies together with the premium receipt are to be deposited with the Employer prior to commencement of the Works. As and when he is reasonably required so to do by the Employer the Contractor shall produce for inspection by the Employer documentary evidence that the insurances required by these Conditions are properly maintained, but on any occasion the Employer may (but not unreasonably or vexatiously) require to have produced for his inspection the policy or policies and receipts in question.
e) The insurance policy shall cover the period from commencement of the Contract until expiration of the Defect Liability Period or satisfactory completion of making good of all defects whichever is the later.
9) INSURANCE OF THE WORKS AGAINST FIRE ETC.
a) Without limiting the Contractor's obligations and the responsibilities of indemnifying the Employer and the Building Owner under Clause 7 of these Conditions, the Contractor shall effect and maintain for the benefit of and in the joint names of the Employer, the Building Owner, the Contractor and his subcontractors of any tier a "Contractor's All Risks" insurance covering loss or damage to the Works up to the full reinstatement value thereof all work executed and all unfixed materials and goods delivered to, place on or adjacent to the Works but excluding plant, tools and equipment owned or hired by the Contractor or any sub-contractor.
The said insurance policy shall also be extended to cover the cost of Removal of debris. The amount such cover shall be at the discretion of the Contractor but shall not be less than 1% of the Contract Sum.
The Contractor shall bear the cost of all excesses (deductibles), exclusions or limitations applying under the said policy (in so far as they concern risks of which he is responsible under the terms of the Contract) whether in respect of claims made against the Contractor and/or the Employer and/or the Building Owner and should make due allowance therefore in this tender.
The Employer may deduct any amounts payable by the Contractor under this clause from any monies due or which may become due to the Contractor.
The Contractor shall not take omit to take and cause its sub-contractors not to take or omit to take any step the taking or omission of which may result in any insurance policy or the cover under such policy becoming void or voidable.
If the Contractor considers the required insurance policy is inadequate to cover these contractual obligations he is at liberty to take out a policy with an increased limit of indemnify but any additional premium or differential in premium shall be at his own expense.
b) All insurances as required under these Conditions are to be taken out with a company to be approved in writing by the Employer and the policies together with the premium receipt are to be deposited with the Employer prior to commencement of the Works.
c) The insurance of the Works shall cover the period from the commencement of the Contract until the completion of the Works plus 12 months Defect Liability Period.
In the event of any incident occurring, the Contractor shall, upon request provide copies of his substantiated claims against the insurance company and any subsequent agreement relating to settlement of the claim to the Employer.
d) If there is a loss, injury or damage to the Works, the Contractor with due diligence shall restore work damaged, replace or repair any unfixed materials or goods which have been destroyed or injured remove and dispose of any debris and proceed with the carrying out and completion of the Works. All monies received from such insurances in respect of the Works insured under this clause shall be used for the purposes of reinstatement, rebuilding, placement, repair or completion of the Works. The Contractor shall not be entitled to any payment in respect of the restoration of work damaged, the replacement and repair of any unfixed materials or goods, and the removal and disposal of debris other than the monies received under the said insurance policy.
10) INSURANCE AGAINST INJURY TO WORKMEN
a) The Employer and the Building Owner shall not be liable for or in respect of any damages or compensation payable under any statue, ordinance or at common law, in respect of or in consequence of any accident, illness, or injury to any employee or other person in the employment of the Contractor and/or his Subcontractors and the Contractor shall indemnify and keep the Employer and the Building Owner fully indemnified against all such damages or compensation,
claims, demands, proceedings, costs, charges and expenses whatsoever in respect of or in relation thereto.
b) Without limiting the Contractor's obligations and responsibilities, the Contractor shall effect and maintain such insurance policies as are necessary to cover all liabilities in respect of all employee and other persons who may be employed by him or his Sub-contractors in connection with the Works in accordance to the latest statutory requirements, ordinance or common law. The Employees' Compensation Insurance policies are to be taken out with a company to be approved in writing by the Employer and the policies and receipts are to be deposited with the Employer prior to commencement of the Works. The policies must be extended to include an ' Indemnity to Principal' (the Employer and the Building Owner) Clause and shall be placed with insurers to be approved by the Employer, such approval shall not be unreasonably withheld.
c) In respect of persons employed by any Sub-contractor, the Contractor's obligation to insure under Clause (b) shall be satisfied if the Sub-contractor himself shall have effected such insurance endorsed with an "Indemnity to Principal Contractor" Clause. The Contractor shall require such Sub-contractor to produce when required all such policies and premium receipt for Employer's approval.
Should the Contractor make default in insuring or in continuing to insure asprovided in Clauses 9 of these Conditions the Employer may himself insure against any risk with respect of which the default shall have occurred and may deduct a sum equivalent to the amount paid in respect of premiums from any monies due or to become due to the Contactor.
It is expressly stated that no self-employed worker shall be allowed to be engaged for the Works.
11) STATUTORY OBLIGATION
The Works shall be carried out in accordance with the standard set by the Architectural Services Department or otherwise to be approved by the Employer and Project Manager. The Works shall be carried out in conformity with the rules and regulations stipulated by the Government Authorities. In all cases, the Building Owner, the Employ and Project Manager or its agents reserves the right to reject any material or workmanship which in its opinion are not supplied, installed or completed to its