1、contractfor worksbetweenchengdu carrefour supermarket co. ltd.and(sub contractor)工程合同簽約人:*家樂福超市有限公司與(承包人)contents of the contract合同內容item description page cover pagecontents of the contractemployer / contractordefinitionsgeneralcontractemployers facilitiessite working & accesscommencement & completi

2、oninstructions & decisionsauthorized variationsvaluations of authorized variationsnotices & claimsproperty in materials & plantsindemnitiesmaintenance & defectsinsurancepaymentdetermination of the contractcontractors defaultsdisputesthe contractors staff & sub-contractorssafety, health, security & h

3、ousekeeping on siteenvironmental requirementsnon-conformance & corrective actionssuspension of worksfinal inspection & hand-overworking & financial schedulesclaims from aliensbusiness practices non-waiver bondsgoverning lawlanguage條款名稱 頁數封面合同內容雇主/承包人定義一般協議合同雇主之設施施工及出入工地工程開始及完成指令與決定變更的認可page: 3page:

4、3變更的估價通知與索賠物料及建造工具的所有權賠償保養與缺陷保險付款合同的解除承包人過錯爭議承包方的人員及分包人工地的安全, 衛生, 保安及清潔工作環保要求工程錯誤及修改工程停頓最後檢驗及移交工程及財務計劃書外人的申索業務守則非棄權保證金適用法律語言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 a

5、ndof/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 ter

6、ms 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 th

7、is 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 her

8、einafter defined, together with his servants, agents, employees and other representatives, particulars of which are given in the first appendix hereto.1.1.2 the employers representatives shall mean the architect and/or engineer and/or surveyor and/or other party or parties named in the first appendi

9、x 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 employers principal representatives.1.1.3 the period for completion shall mean the period or periods f

10、or 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 lim

11、ited 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 contrac

12、t.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 th

13、e 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

14、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 conditi

15、ons 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

16、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 supervi

17、sory 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 d

18、esign 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

19、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 a

20、ll 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

21、the reasonable satisfaction of the employer and of the employers 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 require

22、d for the execution, completion, maintenance of the contract works, except as otherwise agreed in accordance with clauses 3.1 and 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 cons

23、ent 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

24、 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 employers explanation, the contractor shall

25、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 t

26、he 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 respons

27、ibility.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 obligatio

28、ns 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 shal

29、l 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

30、 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 c

31、onnection 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 t

32、o 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 representat

33、ive.4. employers 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 contrac

34、t works, but the employer shall not be bound to provide or retain any such facility for the contractors 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 o

35、r 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

36、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

37、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 p

38、urpose 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 rul

39、es 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

40、 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 s

41、ite.5.3 the contractor shall permit the employer, the employers representatives, the employers 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

42、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

43、 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 employers written instructions so to do, the contractor shall enter upon the site and commence the execution of the contract works and shall thereaf

44、ter proceed with the same with due diligence in accordance with the requirements of the employer and to suit the employers 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 t

45、he 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

46、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 n

47、ot apply; or6.2.3 by any breach of this contract by the employer, then in any such event the contractor shall be entitled to such extension of the period for completion as may in all the circumstances be fair and reasonable.provided always that it shall be a condition precedent to the contractors ri

48、ght to an extension of the period for completion that the contractor shall have given written notice as soon as practicable to the employer of the circumstance or occurrence, order or breach which is delaying the contractor but in any event within seven (7) days of the cause of such delay becoming a

49、pparent, and provided further that in any case to which subclause (6.2.1) of this clause applies, any such extension shall not in any event exceed the extension of time to which the contractor is properly entitled and has been awarded under the contract.6.3 where differing periods for completion are

50、 specified in the second appendix for different sections of the contract works (if any), then for the purposes of the preceding provisions of this clause, each such section shall be treated separately.6.4 before receipt of the employers written instruction under clause 6.1, the contractor may commen

51、ce and progress any work off the site necessary for the timely execution of the contract works.6.5 the employer shall notify the contractor in writing of all extensions of time obtained under the provisions of the contract which affect the contract.6.6 the employer shall supply the contractor with o

52、ne (1) copy of any programmes in existence at the date of this contract issued by or to the employer which affect the contract works and the contractor shall be deemed to have a full knowledge and appreciation of any such programmes.the contractor shall comply fully with the requirements of such pro

53、grammes in execution of the contract works.to the extent (if any) that any of such programmes require other activities to be carried out concurrently with the contract works, the contractor is deemed to have taken account of the same within the contract price, and no claims by the contractor for add

54、itional payments or extensions of the period for completion will be allowed on that ground.6.7 if after the date of this contract any programmes (including programme revisions) are issued by or to the employer in respect of the contract works, the employer shall provide the contractor with one (1) c

55、opy of the same, and the contractor shall without prejudice to any rights under any other provisions of the contract comply fully with the requirements of such programmes in execution of the contract works.6.8 if the rate of the progress of the contract works or any parts thereof is, in the opinion

56、of the employer, too slow to ensure completion within the period for completion, or extended period (if any), then the employer may give written notice to the contractor to take necessary measures to ensure completion thereby, and the contractor shall immediately take such steps as are necessary to expedite the completion of the contract works.if the contractor fails to demonstrate that he has