FIDIC设计采购施工(EPC)合同条件(银皮书英文版)(5)

execution and completion of the Permanent Works and the

remedying of any defects.

1.1.5.8 “Works” means the Permanent Works and the Temporary

Works, or either of them as appropriate.

1.1.6 Other Definitions

1.1.6.1 “Contractor’s Documents” means the calculations, computer

programs and other software, drawings, manuals, models and

other documents of a technical nature supplied by the

Contractor under the Contract; as described in Sub-Clause 5.2

[Contractor’s Documents].

1.1.6.2 “Country” means the country in which the Site (or most of it) is

located, where the Permanent Works are to be executed.

1.1.6.3 “Employer’s Equipment” means the apparatus, machinery

and vehicles (if any) made available by the Employer for the

use of the Contractor in the execution of the Works, as stated

in the Employer’s Requirements; but does not include Plant

which has not been taken over by the Employer.

1.1.6.4 “Fore Majeure” is defined in Clause 19 [Fore Majeure].

1.1.6.5 “Laws” means all national (or state) legislation, statutes,

ordinances and other laws, and regulations and by-laws of any

legally constituted public authority.

1.1.6.6 “Performance Security” means the security (or securities, if

any) under Sub-Clause 4.2 [Performance Security].

1.1.6.7 “Site” means the places where the Permanent Works are to be

executed and to which Plant and Materials are to be delivered,

and any other places as may be specified in the Contract as

forming part of the Site.

1.1.6.8 “Variation” means any change to the Employer’s

Requirements or the Works, which is instructed or approved

as a variation under Clause 13 [Variation and Adjustment].

1.2 Interpretation

In the Contract, except where the context requires otherwise:

(a)

(b) Words indicating one gender include all genders; Words indicating the singular also include the plural and words

indicating the plural and words indicating the plural also

include the singular.

(c) Provisions including the word “agree”, ”agreed” or “agreement”

require the agreement to be recorded in writing, and

“written” or “in writing” means hand-written, type-written,

printed or electronically made, and resulting in a permanent

record. (d)

The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions.

1.3 Communications

Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be:

(a) in writing and delivered by hand(against receipt), sent by mail

or courier, or transmitted using any of agreed systems of

electronic transmission as stated in the Particular Conditions;

and

(b) delivered, sent or transmitted to the address for the recipient’s

communications as stated in the Contract. However:

(i) if the recipient gives notice of another address,

communications shall thereafter be delivered

accordingly; and

if the recipient has not stated otherwise when

requesting an approval or consent, it may be sent to

the address from which the request was issued.

Approval, certificates, consents and determinations shall not be unreasonably withheld or delayed. (ii)

1.4 Law and Language

The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Particular Conditions.

If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Particular Conditions shall prevail.

The language for communications shall be that stated in the Particular Conditions. If no language is stated there, the language for communications shall be the language in which the Contract (or most of it) is written.

1.5 Priority of Document

The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:

(a)

(b)

(c)

(d)

(e) the Contract Agreement; the Particular Conditions; these General Conditions; the Employer’s Requirements; the Tender and other documents forming part of the Contract .

1.6 Contract Agreement

The Contract shall come into full force and effect on the date stated in the Contract Agreement. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.

1.7 Assignment

Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party:

(a) may assign the whole or any part with the prior agreement of

the other Party, at the sole discretion of such other Party, and

(b) may, as security in favor of a bank or financial institution,

assign its right to any moneys due, or to become due, under

the Contract.

1.8 Care and Supply of Document

Each of the Contractor’s Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Employer six copies of each of the Contractor’s Documents.

The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Employer’s requirements, the Contractor’s Documents, and Variations and other communications given under the Contract. The Employer’s Personnel shall have the right of access to all these documents at all reasonable times.

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