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1 CONDITIONS OF CONTRACT 4
1.1 Particular Conditions 4
Note: With the exception of the items for which the Employers requirements have been
inserted, the following information must be completed before the Tender is submitted.
Contractors name and address 1.1.2.3 & <TENDERER TO INSERT NAME AND
1.3 ADDRESS>
Time for Completion of the Works 1.1.3.3 Refer to the main time schedule as
indicated in the Instructions to Bidder
Time for access to the Site 2.1 Immediately after the Commencement
Date, subject to the Contractors
compliance with Health and Safety
requirements.
Normal working hours 6.5 Any period between sunrise and sunset,
except on a Sunday, statutory holidays
and any construction industry holiday
period.
Maximum amount of deductibles 18.2(d) Employers own risk of EUR 50,000 per
for insurance of the Employers event has to be covered by the
risks Contractor.
Minimum amount of third party 18.3 EUR 5,000,000 per occurrence, with
insurance unlimited number of occurrences.
PARTICULAR CONDITIONS
The Conditions of Contract comprise the General Conditions, which form part of the
Conditions of Contract for Building and Engineering Works, First Edition 1999 published
by the Fdration Internationale des Ingnieurs-Conseils (FIDIC) and the following
Particular Conditions, which include amendments and additions to such General
Conditions.
Base Date means the date 14 days prior to the latest date for
submission of Tender.
All copyrights and any all other Intellectual Property rights originating
from the performance of (or on behalf of) the Contractor shall belong
to the Employer and to the extent required be transferred to the
Employer. The Contractor shall have no rights or claim of ownership
to such Intellectual Property Drawings, specifications and its copies
prepared and/or made available to the Contractor may be used only
for the performance of the Contract Agreement and shall be returned
to the Employer. Also, all documents including, but not limited to
information, data, plans, investigation schedules, working papers,
diagnostic models, methodology, reports, specifications or the like
developed or used for such shall be the property of the Employer.
The Contractor shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out obligations
under it or to comply with applicable laws. The Contractor shall not
publish, permit to be published, or disclose any particulars of the
Works in any trade or technical paper or elsewhere without the
previous written agreement of the Employer.
The Engineer shall not give instructions that are likely to change the cost of
the Works without the prior approval of the Employer.
Unless otherwise agreed between the Engineer and the Contractor, such
part shall not be considered to be completed for the purposes of taking
over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until
these documents and manuals have been submitted to the Engineer.
The Employer shall not provide electricity and a connection to natural gas
at the Site.
The Contractor shall be entirely responsible for the security of his own and
his Subcontractors Works, stores, materials, equipment, personnel, and
the like.
The Contractor shall ensure that at all times his own staff and his
Subcontractors staff are in possession of visas and/or work permits valid
for the country in which the works are being carried out. All delays or
additional costs attributable to late or unapproved visa and/or work permit
applications will be borne by the Contractor.
Either the Employer or the Engineer shall offer no visa support in relation to
the Contractors staff or that of his Subcontractors.
The Contractor shall comply with the requirements for Working in Overtime
as stipulated in the Contract.
The Contractor shall in all respects comply with the requirements of the
Specification concerning Health and Safety, and shall at all times take all
reasonable precautions to maintain the health and safety of the
Contractors personnel.
The Contractor shall take due precautions at his own cost to ensure the
safety of his staff and labour and the staff and labour of his Subcontractors,
in cooperation with and subject to the approval of the local health and
safety authorities, to ensure that adequate first aid/medical equipment and
trained personnel are available at Site at all times throughout the period of
the Contract and that suitable arrangements are made for all necessary
welfare and hygienic requirements.
The Contractor shall ensure full compliance with the laws and regulations
where the project is executed, with due regard to the law that governs the
agreement as well as with regard to occupational, health, safety and
environmental legislation at all times.
The time for Completion for the purpose of release of Retention Money and
release of the Performance Certificate, for Taking Over and for the
commencement of the Defects Notification Period shall be the date of
signing of the Taking-Over Certificate.
Then the Engineer shall, with the full consent of the Employer as soon as
he is able, make a fair estimate of the length of the delay and he shall
subsequently notify the Contractor in writing about a fair and reasonable
extension of time beyond Time for Completion of the Works. Provided
If the Tests on Completion are being unduly delayed by the Contractor, the
Engineer may by notice require the Contractor to carry out the Tests within
10 (ten) days after receiving the notice, unless the Engineer would be
provided with valid reasons to allow the Contractor a longer period than 10
(ten) days.
The Contractor shall carry out the Tests on such day or days within that
period as the Contractor may fix and of which he shall give timely notice to
the Engineer.
If the Contractor fails to carry out the Tests on Completion within the period
of 10 (ten) days (or such other period as the Engineer may have agreed
to), the Employers Personnel may proceed with the Tests at the risk and
cost of the Contractor. The Tests on Completion shall then be deemed to
have been carried out in the presence of the Contractor and the results of
the Tests shall be accepted as accurate.
Within 7 (seven) days of the notice referred to above, the Contractor shall
deliver to the Engineer a written submission which shall set out in detail the
occurrence and cause and effect thereof and shall include all relevant
supporting documentation which shall specify in detail:
If the Contractor fails in any way to comply with the aforementioned, the
The Contract price shall be a fixed lump sum price in US Dollars. Any
fluctuations in exchange rates between the Contract currency and
currencies used by the Contractor shall be at the exclusive risk and for the
sole expense of the Contractor.
Within 28 (twenty-eight) days from the date of the Letter of Acceptance the
Contractor shall submit to the Employer an Advance Payment Guarantee
from an approved bank in the sum of 10% of the Contract Price. The
guarantee shall be in a form in accordance with Annex C of these
Conditions of Contract and approved by the Employer.
Subsequent payments
These payments shall be equal to the agreed value of the progress of the
Works minus:
10% Retention Money, and payback of the Advance Payment.
Once the payback of the Advance Payment is completed, the payment will
be equal to the value of the progress of the Works minus 10% Retention
Money.
The Contractor indemnifies the Employer against any action by third parties
based on the assertion that (one) of the products and/or items of software
delivered by the Contractor constitutes an infringement of any patent,
copyright, database right, drawing or model right, trade secret or property
right belonging to any third party. The Contractor shall be liable for full
reimbursement of all costs and damages that the Employer or any
Heineken affiliated company might incur as a result of claims by third
parties based on any right referred to above.
Clause 18 Insurance
4. The CAR policy is available for inspection at the office of the Employer.
The Contractor shall be deemed to have full knowledge of this policy.
The Contractor and parties employed by him shall fulfil the obligations
resulting from the policy and shall co-operate in the handling of claims.
The Contractor is further liable for the loss that the Employer sustains
as a result of poor or non-fulfilment of the policy obligations.
Fifth paragraph:
Delete the words: Within 42 (forty-two) days after the Contractor became
aware (or should have become aware) of. and substitute:
Item (c) : The following sentence has been added to item (c): The final
claimed amount shall not exceed the amount of the fully detailed claim
referred to in the fifth paragraph of this Sub-Clause by more than 15%.
(a) the dispute shall be finally settled under the Rules of Arbitration of
The arbitrator(s) shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the Engineer,
relevant to the dispute. Nothing shall disqualify the Engineer from being
called as a witness and giving evidence before the arbitrator(s) on any
matter whatsoever relevant to the dispute.
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