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FIDIC EPC合同招标文件参考译文3

4.3 Contractor's Representative承包商代表

The Contractor shall appoint the Contractor's Representative and shall give him all authority necessary to act on the Contractor's behalf under the Contract.

承包商应任命承包商代表,并将代表承包商根据合同采取行动所需要的全部权限赋予之。

Unless the Contractor's Representative is named in the Contract, the Contractor shall, prior to the Commencement Date, submit to the Employer for consent the name and particulars of the person the Contractor proposes to appoint as Contractor's Representative. If consent is withheld or subsequently revoked, or if the appointed person fails to act as Contractor's Representative, the Contractor shall similarly submit the name and particulars of another suitable person for such appointment.

除非合同中已写明承包商代表姓名,否则承包商应在开工日前,将拟任命为承包商代表的人员姓名和详细资料提交给雇主,征其同意。若未同意,或随后收回了同意,或受任者未按承包商代表身份行动,则承包商应按上述相同方式提交其他适合此项任命者的姓名和详细资料。

The Contractor shall not, without the prior consent of the Employer, revoke the appointment of the Contractor's Representative or appoint a replacement.

未经雇主事先同意,承包商不得撤销承包商代表的任命,或任命替代人员。

The Contractor's Representative shall, on behalf of the Contractor, receive instructions under Sub-Clause 3.4[Instructions].

承包商代表应代表承包商接受根据第3.4款发出的指示。

The Contractor's Representative may delegate any powers, functions and authority to any competent person, and may at any time revoke the delegation. Any delegation or revocation shall not take effect until the Employer has received prior notice signed by the Contractor's Representative, naming the person and specifying the powers, functions and authority being delegated or revoked.

承包商代表可将任何权力、职责和权限委托给任何胜任的人员并可随时撤销之。任何委托或撤销应在雇主收到承包商代表签发的,指明人员姓名并说明委托或撤销的权力、职责和权限的事先通知后生效。

The Contractor's Representative and all these persons shall be fluent in the language for communications defined in Sub-Clause 1.4[Law and Language].

承包商代表以及所有上述人员均应流利地使用第1.4款[法律和语言]规定的交流语言。

4.4 Subcontractors分包商

The Contractor shall not subcontract the whole of the Works.

承包商不得将整个工程分包出去。

The Contractor shall be responsible for the acts or defaults of any Subcontractor, his agents or employees, as if they were the acts or defaults of the Contractor. Where specified in the Particular Conditions, the Contractor shall give notice to the Employer not less than 28 days’ notice of: 承包商应将任何分包商、代理人或雇员的行为或不履行合同视为承包商自己的行为或不履行合同并为其承担责任。承包商应按具体条件的说明至少提前28天将下列事项通知雇主:

(a) the intended appointment of the Subcontractor, with detailed particulars which shall include his relevant experience,

(b) the intended commencement of the Subcontractor’s work, and

(c) the intended commencement of the Subcontractor's work on the Site.

(a) 准备对分包商的任命,连同包括该分包商经验在内的细节详情,

(b) 分包商的工作计划开始日期,

(c) 分包商的工作计划在现场开始的日期。

4.5 Nominated Subcontractors指定分包商

In this Sub-Clause, "nominated Subcontractor" means a Subcontractor whom the Employer, under Clause 13 [V ariations and Adjustments], instructs the Contractor to employ as a Subcontractor. The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Employer as soon as practicable, with supporting particulars.

本款中的“指定分包商”指雇主根据第13条指示承包商以分包商名义雇用的分包商。承包商对于尽快通知了雇主,提出了合理异议并附有具体证据的指定分包商,没有义务一定雇用之。

4.6 Co-operation合作

The Contractor shall, as specified in the Contract or as instructed by the Employer, allow appropriate opportunities for carrying out work to:

(a) the Employer's Personnel,

(b) any other contractors employed by the Employer, and

(c) the personnel of any legally constituted public authorities,

who may be employed in the execution on or near the Site of any work not included in the Contract.

承包商应根据合同或按照雇主的指示,为可能受雇在现场或现场附近进行任何不属于本合同的任何工作的下列各方开展工作提供适当的机会:

(a) 雇主人员,

(b) 雇主雇用的任何其他承包商,以及

(c) 任何合法公共机构的人员。

Any such instruction shall constitute a Variation if and to the extent that it causes the Contractor to incur Cost in an amount which was not reasonably foreseeable by an experienced contractor by the date for submission of the Tender. Services for these personnel and other contractors may include the use of Contractor's Equipment, Temporary Works or access arrangements which are

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