Subcontract

ARTICLE 3 – THE SUB-CONTRACT DOCUMENTS

Annexes I-IX attached hereto and the Main Contract conditions, Specifications, Drawings, Addenda and modifications in so far as they relate or apply to the Sub-Contract Works, as well as other agreed upon documents, shall be deemed to be integral part of this Sub-Contract Agreement (referred to herein as the “Sub-Contract Documents”). The Sub-Contract Documents are described more fully in Annex II hereof. The Contractor shall provide the Sub-Contractor with a true copy of the said documents.

The application of this Sub-Article 2.2 shall not impinge on the obligations of the Contractor and subsequently of the Sub-Contractor to comply with the instructions of the Employer and/or his representative as provided for in the Main Contract for cases of similar nature.

The Sub-Contract Documents shall be read as a whole. The Sub-Contractor is deemed to have read and have full knowledge of the Sub-Contract Documents and all other documents directly or indirectly relating to this Sub-Contract.

ARTICLE 4 – COMMENCEMENT AND COMPLETION

The Works to be performed under this Sub-Contract shall be commenced and completed in accordance with the requirements of the Contractor’s programme of works for the Main Works (hereinafter called the “Programme of Works”). The Sub-Contractor shall prepare his detailed programme for the Sub-Contract Works based on the Contractor’s Programme of Main Works showing start and completion dates of activities. After being reviewed, accepted and signed by the Contractor, the detailed programme will be set out in Annex III to this Sub-Contract Agreement. Within 14 days, but in any case before he commences operations on site, the Sub-Contractor must indicate in a manner and within a time limit acceptable to the Contractor, the manpower, equipment and material he deems to be necessary to execute the Sub-Contract Works. The submission to and approval by the Contractor of such programme or the furnishing of such particulars shall not relieve the Sub-Contractor of any of his duties or responsibilities under the Sub-Contract.

ARTICLE 5 – THE SUB-CONTRACT PRICE

The Contractor shall pay to the Sub-Contractor for the Sub-Contract Works the sum specified in Part 1 of Annex IV hereof, or such other sum as may become payable under the Sub-Contract by reason of any authorized variations of the Sub-Contract Works.

ARTICLE 6 – CHANGES

The Sub-Contractor shall make such changes to the Sub-Contract Works, whether by way of addition, modification or omission as may be instructed in writing by the Contractor. Should there be an increase/reduction in the total scope of work(calculated on unit rates i.e. excluding Preliminary and General Costs) in terms of $ value by more than 20% the Sub Contractor has no right to adjust the unit rates. The Sub-Contractor shall not be entitled to nor shall it receive any increase or upward adjustment in its Sub-Contract price unless said amount and liability are acknowledged, in writing by the Contractor, otherwise the Sub-Contractor shall proceed at its own risk and expense. No alteration, addition, omission or change shall be made in the work, or the method or manner of performance or same, except upon a written change order (hereinafter referred to as “Change Order”) from the Contractor. Any change or adjustment in the Sub-Contract price by virtue of a Change Order shall be specifically stated in said Change Order.

No Change Order shall vary, abrogate, avoid, or otherwise affect the terms, conditions and provisions of this Sub-Contract except as specifically set forth in the Change Order.

ARTICLE 7 – LANGUAGE

The correspondence between the Contractor and Sub-Contractor will be written in English.

Sub-Contractor shall also comply with any different language requirements of the Main Contract. All quantities and measures will be made and recorded in the metric system unless otherwise required.

ARTICLE 8 – CLAIMS: SETTLEMENT OF DISPUTES

If the Sub-Contractor considers himself to be entitled to any extension of the time for completion and/or any additional payment, under any clause of these conditions or otherwise in connection with the Contract, the Sub-Contractor shall give notice to the Contractor; describing the event or circumstance giving rise to the claim. The notice shall e given as soon as practicable; and not later than 28 days after the Sub-Contractor became aware; or should have become aware; of the event or circumstance.

Such Claims shall be treated on back to back bases before Client and shall be subject to Client’s acceptance/approval.

If any dispute arises between the Contractor and the Sub-Contractor in connection with this Sub-Contract, it shall, be finally settled in accordance with the procedure specified in Annex VII.

VII. ARTICLE 9 – APPLICABLE LAW

This Sub-Contract Agreement shall be governed by and construed in accordance with the laws specified in Annex VII.

ARTICLE 10 – SECRECY

The Parties hereto undertake to maintain secrecy concerning any confidential information relating to the Main Contract and/or this Sub-Contract Agreement or the other Party which they may acquire through the performance of this Sub-Contract Agreement.

ARTICLE 11 – VALIDITY

This Sub-Contract Agreement embodies the entire agreement between the Parties and supersedes any previous documents, correspondence or otherwise not included herein.

This Sub-Contract Agreement shall come into force as of the date affixed to it hereinabove, provided that the Employer’s approval of the Sub-Contractor is obtained in accordance with the Main Contract Conditions.

IN WITNESS WHEREOF, the Parties hereto have executed this Sub-Contract in two original copies, one copy being received by each Party, the day and year first above written, and warrant to each other that the said execution is legally binding and valid under the laws of the place of execution and in accordance with the constitution of the respective Parties.

Date: 2015-09-22; view: 374; Нарушение авторских прав