영문 플랜트 수출계약서(FORM OF AGREEMENT)

FORM OF AGREEMENT

문서서식포탈비즈폼

 

 

 

This Agreement is made the _____ day of _____ 200_ between A COMPANY LIMITED of (hereinafter called the “Purchaser”) of the one part and B CORPORATION of ________ (hereinafter called the “Contractor”) of the other part.

WHEREAS

(1) The Purchaser wishes to have a process plant (hereinafter called the “Plant”) to be known as _________ at ___________ and to this end wishes the Contractor to complete the design of and to execute and complete Works (as hereafter defined).

(2) The Contractor is willing to complete such design and to execute and complete the Works for the consideration and upon the terms hereafter appearing.

 

NOW THIS AGREEEMENT provides as follows:

1. The following documents only and their annexure, if any, shall together constitute the Contracts between the Purchaser and the Contractor and the term the “Contract” shall in all such documents be construed accordingly:

(a) This Form of Agreement

(b) The General Conditions of Contract

(c) The special Conditions (if any)

(d) The Specification and Drawings (if any) listed herein or annexed hereto

(e) The following Schedules:

Schedule 1: Description of Works

Schedule 2: Drawings for Approval

Schedule 3: Final Drawings and Manuals

Schedule 4: Time of Completion

Schedule 5: Take-Over Tests

Schedule 6: Performance Tests

Schedule 7: Payments of the Contract Price

Schedule 8: Liquidated Damages

Part I… For Delay

Part II .. For Failure of Performance Tests

For the purpose of identification the said Conditions, Specification and Schedules are bound together with this Form of Agreement and have been signed on behalf of the Purchaser and the Contractor.

 

2. The Contract as hereinbefore defined constitutes a full statement of the contractual rights and liabilities of the Purchaser and the Contractor in relation to the Works and no negotiations between them nor any document agreed or signed by them prior to the date of the Contract in relation to the Works shall hereafter be of any contractual effect.

 

3. The engineering design specifications, detail design and other technical information furnished, in writing or otherwise, to the Purchaser by the Contractor under this Agreement are and shall remain the property of the Contractor and shall be used only for the construction, alteration, maintenance, repair and operation of the Plant and shall not be duplicated or disclosed to others or used in whole or in part for any other purpose.

 

4. In the event of any conflict between the provisions of these General Conditions and these of any Special Conditions the latter shall prevail In the even of any conflict between the provisions of Specification and these of Schedule I (Description of Works), the latter shall prevail.

 

5. Subject to the provisions of Schedule I (Description of Works) attached hereto the Contractor shall furnish competent supervision, engineering services, labor, materials, equipment, construction tools and equipment, construction utilities and supplies and temporary structures and facilities, and transportation, and shall design, procure construct and erect the plant upon the site.

 

6. The Contractor may with the prior written consent of the Engineer subcontract the performance of any of his obligations under Agreement other than his obligations of process design.

 

7. The Engineer shall be entitled at all reasonable times to have access to any place where the Plant is being manufactured or materials are prepared for incorporations in the Works, for purpose of inspecting and observing the carrying out of tests on such Plant and materials.

 

8. The Engineer shall issue both to the Purchaser an the Contractor an Acceptance Certificate stating that the Plant or the specified section thereof is accepted by the Purchaser as soon as the Plant have passed all the Performance tests or any repetition thereof.

 

9. IN relation to the Works or any special section thereof, the defects liability period shall begin with taking-over and shall end either 12 months thereafter or 6 months after acceptance thereof, whichever is later.

 

10. Subject to Clause 10 (the Engineer) of the General Conditions of Contract, the Purchaser hereby appoints _______ of _________ to act as the Engineer for the purposes of the Contract.

 

IN WITNESS whereof the parties hereto have caused their respective seals to be

hereunto affixed on the date first above written.

 

A COMPANY LIMITED BY ____________________ name: name: Title: Title:

B COROPORATION BY ____________________

문서서식포탈비즈폼