قرارداد پیمانکاری طراحی و ساخت به شیوه TurnKey
بخشی از متن قرارداد:
In the Contract (as hereinafter defined) the following word. and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires:
“Design” means the design for the Works,
“Conceptual Design” is the Owner’s subrnission in writing or other recorded material to the Contractor upon which the Dcsign Elements (Tender Design) is based.
“Design Elements” (Tender Design) is the outline design for the Works submitted to the Owner by the Contractor in response to the Conceptual Design prior to the Contract and acceptcd by the parries as the design to be developed for the Works .
“Preliminary Design” means the Design prepared by the Contractor which after approval by the Owner will form the basis of the Final Design .
“Final Design” means the fully detailed Design prepared by the Contractor.
“Approved Design” means the Fimal Design prepared by the Contractor and approved by the Owner.
“Contract Price” means the sum specified in the Contract or otherwise ascertainable pursuant to the provisions of this Contract as payable by the Owner to the Contractor tor the completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract subject to such additions and adjustments thereto and deductions therefrom as may be made pursuant to the provisions of the Contract.
“Commencement Date” means the date upon which the Design and excution of Works under the Contract arc to commence.
“Contract” means the Contract Agreement and all documents incorporutcd therein.
“Contract Agreement” means the agreement incorporating these Conditions for the Design and the Works entered into hy the Owner and the Contractor.
“Contractor” means the entity identified as such in the Appendix.
“Contractor’s Equipment” means all appliances and things of whatsover nature required for the execution and completion of the Works and the remedying of any defects therein, but docs not include Plant, materials or other things intended to form or forming part of the Works.
“Contractor’s Representative” means the person appointed by the Contractor to act as Contractor’s Representative for the purposes of the Contract.
“Day” means calendar Day.
“Defects Liability Period” shall mean the Defects Liahility Period agreed by the parties hereto but otherwise 12 (twelve) months calculated from the date of completion as certified in the Taking Over Ccrrilicatc.
“Drawings” means all Drawings, provided by the Contractor under the Contract.
“Owner” means the entity identified as such in the Appendix hereto.
“Owner’s representative” means the person appointed by the Owner to act as the Owner’s Representative for the purposes of the Contract.
“Plant” means machinery, apparatus and the like intended to form of limning part of the Works.
“Site” means the places provided by the Owner where the Works are to he executed and any other places as may be specifically designated in the Contract as forming part of the Site.
“Tests on Completion” means the test specified in the Contract or which arc to he made by the Contractor he fore the issue of the Taking Over Certificate.
”Time for Completion’ means the time for completing the execution of the Works up to the issue of the Taking Over Cenificate from the Commencement Date of the time otherwise fixed pursuant to the Contract and such extended time (if any) as provided for pursuant to the provisions of the Contract.
“Variation” has the meaning ascribed to it pursuant to Clause 11.
“Works” means the Permanent Works and the Temporary Works or either of them as appropriate.
The Appendix hereto forms part of these Conditions and shall be read and construed accordingly.
The headings and marginal notes in these Conditions shall not be deemed part thereof or be taken into consideration in the interpretation or construction thcrof or of the Contract.
Words importing persons or parties shall include firms and corporations and any organisation having legal capacity.
The Contract Documents are those listed in the Contract Agreement. They are considered to be mutually complementary. In case of discrepancies the priority shall be in conformity with any order of priority agreed between the parties.
Measurements which are given in figures or words and which are not obviously incorrect shall take precedence over scaled measurements.
The Contract constitutes the entire agreement between the Owner and the Contractor with respect to the subject matter of the Contract and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of the Agreement.
No amendment or other modification of the Contract shall be effective unless it is in writing is dated, expressly refers to the Contract. and is signed by a duly authorised representative of each party hereto.
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable such prohibition, invalidity or uncnforccahilitv shall not affect the other provisions of the Contract. 1.10 Words importing the singular only also include the plural and vice versa where the context requires.
Wherever in the Contract provision is made for the glVlllg or issue or any notice, approval, certificate or determination, unless otherwise specified such notice, approval, certificate or dctcrmin.uion shall be in writing and the words “notify”, “certify” or “determine” shall be construed accordingly. Any such approval, certificate or determination shall not unreasonably be withheld or delayed.