xxx engineering contract
xxx工程合
Contract No 合编号:
Party A xxxCompany Limited
甲方:xxx限公司
Party Bxxx Company Limited
乙方:xxx限公司
This contract is made and entered into on the day of 2014 by the following Parties in
合2014年 月 日事方 签署
Party A xxx Company Limited
甲方:xxx限公司xxx营公司住xxx(称甲方)法定代表:xxx
Party B xxx Company Limited
乙方:xxx限公司家xxx营公司注册址:xxx(称乙方)法定代表:xxx
Party A and Party B are called by a joint name of Both Parties under this contract each of which is called as A Party
甲方乙方合项统称双方单独称方
1 Work Content and Requirements
1 工作容求
11 In accordance with the items stipulated in this Contract Party B shall conduct the project as per the Project standard and quality standard stipulated by Ministry of Engineering of the Union of xx
11 合限定条款乙方应xx工程部规定建筑标准质量求执行工程
2 Contract Period
2 合期限
21 Work period for the Road Construction Project the work shall be completed within 2 month upon signing the Contract The condition of handover is that the Project Inspection & Acceptance Team constituted by Party A shall issue the Inspection & Acceptance Sheet after onsite inspection
21 次工程时间周期:合签订14工作日完成甲方组成竣工验收组现场检验出具验收单竣工交接条件
22 This contract shall be implemented after this is duly signed by the legal representatives or authorized representatives of the Parties and stamped with the seals of the Parties and closed after the onsite acceptance of the Project and Contract payment
22 合双方法定代表授权代表签字盖章生效现场验收合格款项支付完毕关闭
3 Health Safety and Environment Principles (HSE)
3 健康安全环境原(HSE)
31 The staff from Party B shall follow the arrangement of Local government and Party A (or its representatives) and comply with the laws and regulations of Myanmar as well as rules and regulations on Health Safety and Environment (HSE) of Party A
31 乙方工作员必须听方政府甲方员(代表)安排遵守缅甸法律法规甲方安全环境健康规章制度等
32 Before or during the implementation of this Project Party B shall acknowledge avoid and prevent the possible damage of the Project to the surrounding environment and other affiliated facilities and the resulting losses shall be borne by Party B
32 工程实施前进行中乙方应识工程周边环境原设施造成危害应进行规避防护带损失应乙方承担
33 During the performance of this Contract Party B shall bear the personal and property losses of Party B or Party B’s personnel injury by itself if the losses are not caused by Party A
33 合履行程中发生非甲方原导致乙方乙方员身财产损失乙方行承担
4 Contract Price Payment and Taxes
4 合价格付款事宜税费
41 As per the stipulated construction contents both Parties agree that this Contract is a lump sum contract The contract payment includes all construction costs and related cost for construction preparation and construction implementation Please refer to the following table for the details
41 合确定工程容甲方乙方确定次马德岛岗亭工程费总包合合费包含全部工程施工费工程准备工程执行相关费详见表
警务室预算报表(USD)
NO
particular
Qity
Rate(usd)
Amount(usd)
1
2
3
4
5
6
7
8
9
10
11
12
NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
NO
1
2
3
4
5
The total amount
费合计:xxx美金
42 The Contract shall be valued in USD and the payment shall be settled in equivalent value of KYAT The exchange rate shall be at the spot exchange rate from USD to KYATon the day of payment by the handling bank of Party A Unless otherwise specified by Party B and agreed by Party A Party A shall only conduct payment in accordance with the bank account of Party B agreed in this contractParty B shall be responsible for the authenticity safety and accuracy of its designated account information If Party A fails to pay or delays payment due to the causes of Party B’s account all responsibilities and consequences hereof shall be undertaken by Party B itself The account information assigned by Party B is as follows
42 合美金计价美元等值缅币结算汇率付款银行付款天美元兑缅币时汇率非乙方特说明甲方意甲方仅合约定乙方银行帐号付款乙方应指定账户信息真实性安全性准确性负责乙方账户原造成甲方付款付款迟延引起切责果乙方承担乙方指定账户信息:
Account Name
账户名:
Account Number
账号:
Beneficiary’s Bank
收款银行:
SWIFTBIC Code
银行国际代码:
Correspondent Bank
代理银行:
Swift Code of Correspondent Bank
代理银行国际代码:
Address
址:
Tel
电话:
43 Both Parties shall perform their respective taxation obligations in accordance with the tax laws and regulations of the Union of Myanmar The Contract Price includes withholding tax and other taxes of Party B
43 合签约双方应缅甸国家相关税收法律法规履行纳税义务乙方合总价中包含预扣税税费部分
44 The payment of this Contract shall be conducted in three instalments
44 合付款次付清付款方式电汇
Within 10 working days after signing this Contract Party A shall make the first payment equals to 30 of the total Contract Price
验收合格甲方乙方支付全部合金额
5 Alterations
5 变更事宜
51 Party A shall have the right to require increasing the work scope (hereinafter referred to as Alterations) on the basis of this Contract
51 甲方权合基础求增加工作范围(称变更)
52 All the requirements on alteration shall be in the written form clearly defining necessary alterations Party B shall submit corresponding work plan working hours and cost estimates according to the alterations proposed by Party A within 3 working days for the approval of Party A
52 变更求均应书面方式清楚指明需变更容乙方应三工作日甲方提出变更提交相应工作计划工时费估算供甲方审批
6 Termination of Contract
6 合终止
61 If the termination of this Contract is caused by Party A Party A shall pay reasonable fees to Party B for the Work (including preparatory work) completed by the date of termination of this Contract Otherwise if the termination of this Contract is caused by the breach of Party B Party A shall not pay for the expenses generated
61 甲方终止合情况甲方应支付乙方截止合终止日时已完成工作(含准备工作)项工作已发生合理费乙方违约导致合终止甲方已发生费予支付
7 Responsibilities & Duties
7 责义务
71 Party A and Party B shall guarantee each other that one party shall provide support to and protect the other party from any loss claim or responsibility caused by or related to this Contract under the following conditions
71 甲方乙方均应相互保证保护支持方发生情况时受合相关产生形式损失索赔责:
a) Injuries and deaths of any employee representative or subcontractor’s personnel
a) 职员代表分包方员伤亡
b) Property loss of staff representatives or subcontractor’s personnel
b) 职员代表分包方员财产损失
c) Expenses losses or damages indirectly or directly caused by significant special or accidental event no matter how it occurs and which form it takes
c) 重特殊意外(直接间接)造成费损失损坏发生种形式
72 Each party shall be responsible for the loss of any third party caused by its own intention or faults and undertake related indemnification obligations
72 双方应意失造成第三方损失负责承担相关赔偿义务
73 If either party of this Contract has realized any possible accident during the performance of the Contract that cannot be executive the other party shall be notified immediately
73 果合双方意方合履行程已意识出现意外导致合法执行情况时应立通知方
74Party B shall procure the insurances and bear the premiums in accordance with the provisions relating to insurance as specified in the laws of the Union of Myanmar Party B shall ensure that the aforesaid insurances remain effective during the period of validity of this Contract All the expenses arising from the aforesaid insurances shall be included in the service fees under this Contract and shall be borne by Party B
74 乙方应根缅甸联邦相关保险法规规定办理项保险承担项保险费乙方应确保述保险合效期间持续效办理述保险发生费应包含合项总费中乙方行承担
8 Force Majeure
8 抗力
81 Force Majeure refers to the events that cannot be predicted by either party of the Contract and their occurrence and consequences cannot be avoided including but not limited to wars unrests fires and natural disasters such as wind rain and earthquake etc
81 抗力指合方预见发生果避免法控制事件包括限战争动乱火灾风雨震等然灾害
82 Any party shall timely notify the other party when it is unable to perform the Contract due to Force Majeure After gaining the certificate of related authority the performance of the Contract could be delayed or suspended temporarily Each party shall notify the other party of actual conditions and continue to
10perform the Contract after the end or disappearance of Force Majeure Both Parties can be exempted from some parts or all of the liabilities for breach of the Contract according to the actual conditions Necessary remedial measures shall be adopted to reduce the loss to the minimum
82 方抗力履行合时应时方通报取关机关证明允许延期履行者暂时履行合方应实际情况通知方 抗力停止消失继续履行合双方根情况部分者全部免予承担违约责采取必补救措施损失降低程度
9 Applicable Laws & Dispute Resolution
9 适法律争议解决方式
91 The laws of Myanmar shall apply to the signing performance and explanation of this Contract
91 合签订履行解释均适缅甸联邦法律
10 Appendix to the Contract and Others
10 合附件事项
101 The appendix to this Contract shall be an integral part of this Contract and shall have the same legal effect as the Contract
101合附件合效组成部分合等法律效力
102 In respect of any matters unmentioned herein written complementary agreement shall additionally be entered into by both parties after mutual agreement The written complementary agreement shall be integral part hereof and shall have the same legal effect as the Contract
102合未事宜双方友协商行签订书面补充协议该书面补充协议作合组成部分合具等法律效力
11 Language
11 语言
The Contract shall be written by English and Chinese
合英文中文书写
12 Copies and Execution of Contract
12 合份数生效
The Contract shall be made in quadruplicate with the same legal effect and Both Parties shall hold two original copies respectively This Contract shall take effect after it has been signed and sealed by legal representatives or authorized agents of Both Parties with the witness of Superintendent (Witness)
合式肆份双方执贰份具等法律效力合双方法定代表授权代表签字盖章生效
Party A
甲方:
Party B
乙方:
Legal Representative
法定代表:
Legal Representative
法定代表:
Authorized Representative
授权代表:
Authorized Representative
授权代表:
Tel电话:
Tel电话:
Fax传真
Fax传真:
Postcode邮编
Postcode邮编
Place:点:
Place:点:
Date 日期 2014年 月 日
Date日期 2014年 月 日
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