Modifications to Special Terms and Conditions of FIDIC Contract
双方经友好协商,对FIDIC红皮书合同专用条款做如下修改:
The amendments to the particular conditions of FIDIC red book is, through friendly consultations by the parties to this agreement, made and concluded as follows:
1、 Modification to Article 1.1.1.9 [Appendix to the Letter of Tender]
对1.1.1.9[投标函附录]的修改
Appendix to the Letter of Tender refers to the documents named as Appendix to the Letter of Tender in accordance with requirements in the general conditions and the Contractor shall submit the document to the Owner's satisfactory when required by the Employer.
投标函附录指依据通用条款需要提供的名为投标函附录的文件,承包商须在业主要求时提供本文件,并令业主满意。
2、Modification to Article 1.1.6.7 [The Site] 对1.1.6.7[现场]的修改
The Site refers to the *****Island of the Republic of Indonesia
现场是指印度尼西亚共和国****岛。
3、Modification to Article 1.1.2.4 [The Engineer] in the general conditions of the Contract
The Engineer refers to the Employer's representative.
对通用合同条款1.1.2.4[工程师]的修改,工程师,即为业主代表。
4、1.1.2.11 [Design Organization] 1.1.2.11 [设计单位]
The "Design Organization" refers to ****** International Engineering Co., Ltd, which will undertake the design work for the Project.
“设计单位”****国际工程有限责任公司,将为工程进行设计工作。
5、1.1.2.12 [Supervising Engineer] 1.1.2.12 [监理工程师]
The "Supervising Engineer" refers to ****** Project Management Co., Ltd. The Supervising Engineer will supervise and inspect the Project implementation and its quality, and conduct monthly payment estimation, measurement, alternation and settlement with the Employer. It will involve in the Project as the Employer's representative.
“监理工程师”****项目管理有限公司。监理工程师将为工程的施工及其质量进行监督和检查工作,及将联同业主进行月付款估算、计量、变更估算及结算工作。在现场将以业主业主代表身份参与工作。
6、Modification to Article 1.4 [Laws and Languages] in the general conditions of the Contract
对通用合同条款1.4[法律和语言]的修改
This Contract and the Correspondence are written in both Chinese and English, while the English shall be regarded as the interpretive language. The Contract is governed by laws of the Republic of Indonesia.
本合同及往来文件采用中英文双语书写,英文作为合同解释语言。本合同受印度尼西亚共和国法律管辖。
7、Modification to Article 1.5 [Priority of Documents] in the general conditions of the Contract
对通用合同条款1.5[文件优先次序]的修改
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:
构成本合同的文件要认为是互作说明的。为了解释的目的,文件的优先次序如下:
a) the Contract Agreement,
b) Notification of Award on
c) Letter of Tender and its Appendices,
d) Correspondence and Minutes, whose priority shall subject to the latest issued documents (if any),
e) The Particular Conditions,
f) The General Conditions,
g) Bill of Quantities, Description of Bill of Quantities and the Tender Documents,
h) Specification and Requirements,
i) Drawings,
j) Data Sheet and other documents which constitute components of the Contract.
k) The Letter of Tender and other part of the Tender expressed by both parties to be included in the Contract.
If any ambiguity or discrepancy is found in the documents, the representative of the Employer shall issue any necessary clarification or instruction. Both parties shall observe the following rules: For the contractual documents and correspondences generated during entering the Contract, the newest version or latest issued documents shall prevail,
Unless otherwise agreed, the agreements, letters, minutes, memos and other documents related to the entering or executing of this Contract signed, issued or received during the contractual period shall constitute constituent part of this Contract.
如文件中发现有歧义或不一致,业主代表应发出必要的澄清或指示。
且遵循如下规则:对于同一类合同文件及合同订立期间往来文件,以其最新版本或最新颁发者为准;除非另有约定,在合同订立和履行过程,双方签署、签发、签收的与本合同订立或履行有关的协议、信函、记要、备忘录等亦构成合同的组成部分。
8、Modification to Article 1.6 [Contract Agreement] in the general conditions of the Contract
对通用合同条款1.6款[合同协议书]的修改
Unless otherwise agreed, both parties shall sign the Contract Agreement within 15 days after the Contractor received the Notification of Award. The Contract Agreement shall be based on the form attached to the contractual conditions. 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 each party.
除非另有协议,双方应在承包商收到中标通知书后15天内,签定合同协议书。合同协议书应以合同条件所附格式为基础。为签定合同协议书,依法征收的印花税和类似费用(如果有),应由合同双方各自承担。