Особенности международного контракта подряда между Китаем и Россией
Дипломная работа - Экономика
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l take all necessary measures, preventing additional expenses. If beside Contractor is appeared additional expenses, caused by non-execution or improper performing the obligations by Customer, that he will in writing report the Customer an amount these expenses with acknowledgement their document, on the grounds of which parties conclude an agreement for terms and the form of their accomodation.ITEM 5. PERIODS of the WORK EXECUTION
.1. The Object must be built by Contractor and is delivered Customer "turn-key" upon the terms, specified in item 1 persisting contract. The Specified date is source for determination property sanction in events of the breach period of construction.
.2. Work on persisting contract Contractor must begin to produce and terminate in accordance with coordinated a schedule construction.
.3. Change graphics construction, delivery date material and equipment by Customer if they can influence upon length construction and his(its) cost, are produced on the grounds of additional agreement, elaborating periods and price construction.
.4. When change legislative and normative acts, worsenning position of the parties in contrast with their condition to date of the conclusion persisting contract and bring about additional expenses of time and bankrolls, originally coordinated periods of construction are prolonged commensurate this time. The Periods and negotiated price construction in this case parties are accordingly elaborated in additional agreement.ITEM 6. ORGANIZATION CONSTRUCTION
.1. For work execution on sectoring the construction site and привязке of the object Customer in 3дневный period since moment of the transfer Contractor on act of the construction site reports him source points, their coordinates and level.
.2. The Contractor according to schedule construction creates geodetic разбивочную central to construction, composition and volume which must be up to quality normative document on construction. The Contractor has responsibility for correct and behooving sectoring the object to primary point, line and level, correctness of the amount level position and соосности. Dopuschennye errors in construction Contractor corrects to its account.completion construction Contractor will transfer the Customer of the scheme of the location and directories of the coordinates and heights geodetic sign, installed under geodetic разбивочных functioning at period construction and saved before his(its) completions.
.3. The Temporary connections communication for a period of work execution on construction site and newly built communication in point of the connection realizes the Contractor.
.4. The Contractor produces individual test mounted to him equipment and takes part in complex his(its) опробовании.
.5. Equipment transferred by Customer Contractor on act under montage, is found on responsible keeping of the Contractor before signing the act worker commission about acceptance him(it) for complex опробования.Contractor is obliged to provide safety of this equipment. In the event of his(its) losses or damages due to Contractor he restores him(it) to its account. Predmontazhnaya auditing of the equipment is realized directly by Customer or attracted by him specialized organization to his(its) account.equipment is found on storehouse over normative shelf time due to Contractor then at observance by Customer standard and standard specifications of keeping предмонтажная auditing and removal defect this equipment, caused by long his(its) keeping, are realized by Customer to account of the facilities of the Contractor.
.6. In the event of determination by Contractor некомплектности equipment at acceptance him(it) for montage or discovery defect in equipment in process of the montage or test Contractor is obliged to put(deliver) about this in popularity of the Customer and take part in formation corresponding to act. Sheduling the act and presentation claim to plant manufacturer or supplier of the equipment are a duty of the Customer.Customer is obliged доукомплектовать equipment in 20дневный period since moment of the sheduling the act if other period will not is installed in process construction by agreement of the parties. Revealled defects of the equipment Customer is obliged upon the terms, coordinated with Contractor, avoid or change equipment. On agreement of the parties of these functioning for a fee can is executed by Contractor.
.7. The Contractor in writing for 2 days before begin acceptance notifies the Customer of readiness separate responsible design and hidden functioning.readiness is confirmed by double-sided acts of intermediate acceptance responsible design and acts освидетельствования hidden functioning.Contractor proceeds with performing the following functioning only after written permit of the Customer, contributed in journal construction. If closing the functioning is executed without acknowledgement of the Customer, or he was not informed about this, or is informed behindhand then on his(its) requirement Contractor is obliged to its account to open any part of hidden functioning according to instruction of the Customer, but then restore her(it).
.8. If the Customer will are discovered faulty executed functioning, that Contractor their own power and without increase the cost construction is obliged in coordinated period to remake these functioning for ensuring their behooving quality. At Contractor of this duties Customer has the right for correction faulty executed functioning to attract other organization with payment of the expenses to account of the Contractor.
.9. The Contractor journalizes construction, in which is reflected whole move construction, as well as all connected with this facts and circumstance, having importance in relations of the Customer and Contractor., the Customer checks and its signature confirms record in journal. If he not satisfied move and quality of the functioning or writing the Contractor, that its opinion he states in journal.Contractor undertakes in 3дневный period to take measures to removal defect, specified by Customer.
.10. The Customer has the right contribute any changes to works amounts, which, on his(its) opinion, necessary, about than he gives the written dictation binding on Contractor, with instruction:
enlarge or reduce the volume of any functioning, comprised of contract;
- exclude any functioning;
- change the nature or quality or type of any part of functioning;such change will influence upon cost or period of the termination construction, that Contractor proceeds with their execution only after signing by parties corresponding to additional agreement to persisting contract.
.11. The Customer to fix its representative on construction, which from his(its) name with Contractor realizes acceptance on act of the executed functioning, technical control and supervision for their execution and quality, as well as produces checking the correspondence to used material and equipment term of contract and design documentation.CUSTOMER'S INSPECTOR has a right of the free access to all type of the functioning for the whole period construction anytime. The Contractor will provide the customer's inspector by premises for functioning(working).ITEM 7. CIRCUMSTANCE of the COMPELLING FORCE
.1. The Parties are freed from responsibility for partial or full nonperformance of the obligations on persisting contract if it was due to natural phenomenas, actions external objective factor and other circumstance of the compelling force and if these circumstance have directly influenced upon performance persisting contract.Period of the performance of the obligations on persisting contract is prolonged commensurate time, during which acted the circumstance of the compelling force and their consequences.
.2. If circumstance of the compelling force and their consequences will last more than three months, that Contractor and the Customer will discuss practicability of the continuation construction.parties for one month will not add to coordinated to decision, then each of parties has the right require the terminations of the agreement.ITEM 8. ACCEPTANCE an OBJECT FINISHED by CONSTRUCTION
.1. Acceptance terminated by construction of the object is realized after performing by parties of all obligations, provided by the present contract, in accordance with installed rather, acted to date of his(its) signing.
.2. On object, intended on sale, acceptance is realized commission, created on behalf of investor by Customer in composition of its representative, author of the project or representative design организаци, representatives of the organ local authorities and his(its) specialized services, генподрядчика and the main subcontractor, архитектурностроительного of the supervision (the control) and insurance society. The Acceptance report becomes firmly established the organ local authorities.
.3. The Contractor will transfer the Customer for five days before begin acceptance terminated by construction of the object two copies to executive documentation in composition, determined by Customer according to p. 4.5 persisting contract, with written acknowledgement of the correspondence to transferred documentation practically executed to functioning.
.4. Acceptance of the object is produced for 10 days following reception by Customer of the written notice of the Contractor about his(its) readiness.
.5. Before commissioning the project Contractor has responsibility for risk of casual his(its) destruction and damages, except events, in accordance with circumstance of the compelling f