FIDIC设计采购施工(EPC)合同条件(银皮书英文版)(共97页).doc
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1、精选优质文档-倾情为你奉上CONTENTS专心-专注-专业1 General Provisions1.1 Definitions In the Conditions of Contract (“these Conditions”), which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning stated. Words indicating persons or parties include corpor
2、ation and other legal entities, except where the context requires otherwise.1.1.1 The Contract 1.1.1.1 “Contract” means the Contract Agreement, these Conditions, the Employers Requirement, the Tender, and further document (if any) which are listed in the Contract Agreement.1.1.1.2 “Contract Agreemen
3、t” means the contract agreement referred to in Sub-Clause 1.6 Contract Agreement, including any annexed memoranda.1.1.1.3 “Employers requirements” means the document entitled employers requirements, as included in the Contract, and any additions and modifications to such document in accordance with
4、the Contract. Such document specifies the purpose, scope, and/or design and/or other technical criteria, for the Works.1.1.1.4 “Tender” means the Contractors signed offer for the Works and all other documents which the Contractor submitted therewith (other than these Conditions and Employers Require
5、ments, if so submitted), as included in the Contract.1.1.1.5 “Performance Guarantees” and “Schedule of payments” mean the documents so named (if any), as included in the Contract.1.1.2 Parties and Persons1.1.2.1 “Party” means the Employer or the Contractor, as the context requires.1.1.2.2 “Employer”
6、 means the person named as employer in the Contract Agreement and the legal successors in title to this person.1.1.2.3 “Contractor” means the person(s) named as contractor in the Contract Agreement and the legal successors in title to this person(s).1.1.2.4 “Employers Representative” means the perso
7、n named by the Employer in the Contract or appointed from time to time by the Employer under Sub-Clause 3.1 the Employers Representative, who acts on behalf of the Employer.1.1.2.5 “Contractors Representative” means the person named by the Contractor in the Contract or appointed from time to time by
8、 the Contractor Sub-Clause 4.3 the Contractors Representative, who acts on behalf of the Contractor.1.1.2.6 “Employers Personnel” means the Employers Representative, the assistants referred to in Sub-Clause 3.2 Other Employers Personnel and all other staff, labour and other employees of the Employer
9、 and of the Employers Representative; and any other personnel notified to the Contractor, by the Employer or the Employers Representative, as Employers Personnel.1.1.2.7 “Contractors Personnel” means the Contractors Representative and all personnel whom the Contractor utilizes on Site, who may inclu
10、de the staff, labour and other employees of the Contractor and of each Subcontractor, and any other personnel assisting the Contractor in the execution of the works.1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a pa
11、rt of the Works; and the legal successors in title to each of these persons.1.1.2.9 “DAB” means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 Appointment of the Dispute Adjudication Board or Sub-Clause 20.3 Failure to Agree Dispute Adjudicat
12、ion Board.1.1.2.10 “FIDIC” means the Federation International des Ingenieurs-Conseils, the international federation of consulting engineers.1.1.3 Dates ,Test, Periods and Completion1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission of the Tender.1.1.3.2 “Commencement
13、Date” means the date notified under Sub-Clause 8.1 Commencement of Works, unless otherwise defined in the Contract Agreement.1.1.3.3 “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 Time for Completion, as stated in the Particular C
14、onditions (with any extension under Sub-Clause 8.4 Execution of Time for Completion), calculated from the Commencement Date.1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause
15、 9 Tests on Completion before the works or a Section (as the case may be) are taken over by the Employer.1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 Employers Taking Over. 1.1.3.6 “Tests after Completion” means the tests (if any) are specified in the Contract and whi
16、ch are carried out under Clause 12 Tests after Completion after the works or a Section (as the case may be) are taken over by the Employer.1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 Completion of U
17、nderstanding Works and Remedying Defects, as stated in the Particular Conditions (with any extension under Sub-Clause 11.3 Extension of Defects Notification Period), calculated from the date on which the Works or Section is competed as certified under Sub-Clause 10.1 Taking Over of the Works and Sec
18、tions. If no such period is stated in the Particular Conditions, the period shall be one year.1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 Performance Certificate.1.1.3.9 “day” means a calendar day and “year” means 365 days.1.1.4 Money and Payments1.1.4.1 “Con
19、tract Price” means the agreed amount stated in the Contract Agreement for the design, execution and completion of the Works and the remedying of any defects, and includes adjustment (if any) in accordance with the contract.1.1.4.2 “Cost” means all expenditure reasonably incurred (or to be incurred)
20、by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.1.1.4.3 “Final Statement” means the statement defined in Sub-Clause 14.11Application for Final Payment.1.1.4.4 “Foreign Currency” means a currency in which part (or all) of the Contract
21、 Price is payable, but not the Local Currency.1.1.4.5 “Local Currency” means the currency of the Country.1.1.4.6 “Provisional Sum” means a sum (if any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Material or services
22、 under Sub-Clause 13.5 Provisional Sums.1.1.4.7 “Retention Money” means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 Application for Interim Payments and pays under Sub-Clause 14.9 Payment of Retention Money.1.1.4.8 “Statement” means a statement submitted by the
23、Contractor as part of an application for payment under Clause 14 Contract Price and Payment.1.1.5 Works and Goods1.1.5.1 “Contractors Equipment” means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and remedying of any defects. However, Con
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