 工程合同中对发包人供应材料与工程设备的约定（中英文对照） MATERIALS AND PLANT SUPPLIED BY EMPLOYER 发包人供应材料与工程设备 Material and Equipment Supplied by Employer 发包人自行供应材料、工程设备的，应在签订合同时在专用合同条款的附件《发包人供应材料设备一览表》中明确材料、工程设备的品种、规格、型号、数量、单价、质量等级和送达地点。 Where the employer itself supply materials and engineering equipment, should, at the time of entering into contract, in the annex “ List of Materials and Equipment Supplied by Employer” of particular condition, make stipulation of varieties, specifications, types, quantity, price and quality grade concerning the materials and engineering equipment, and delivery location. 承包人应提前30天通过监理人以书面形式通知发包人供应材料与工程设备进场。承包人按照第7.2.2项〔施工进度计划的修订〕约定修订施工进度计划时，需同时提交经修订后的发包人供应材料与工程设备的进场计划。 The contractor should, through the supervisor, on 30days prior written notice to the employer with the supply of materials and engineering equipment will enter into the work site. The contractor revise the progress schedule pursuant to Article 7.2.2 [Revision of Construction Schedule], and at same time submit the revised supply plan of materials and equipment which are supplied by the employer. 承包人采购材料与工程设备 Material and Equipment Purchased by Contractor 承包人负责采购材料、工程设备的，应按照设计和有关标准要求采购，并提供产品合格证明及出厂证明，对材料、工程设备质量负责。合同约定由承包人采购的材料、工程设备，发包人不得指定生产厂家或供应商，发包人违反本款约定指定生产厂家或供应商的，承包人有权拒绝，并由发包人承担相应责任。 Where the contractor is responsible for the procurement of materials, engineering equipment, the contractor shall effect the procurement pursuant to the design and relevant standard, submit certificate of product qualification and certificate of merchandise, and liable for the quality of material and engineering equipment. Provided that the procurement of materials and engineering equipment effected by the contractor under contract, the employer shall not designate the manufacturer or supplier, if, the employer violates this article hereof for designation of manufacturer or supplier, the contractor reserve the right to refuse and the corresponding responsibility will be born by the employer. 发包人应按《发包人供应材料设备一览表》约定的内容提供材料和工程设备，并向承包人提供产品合格证明及出厂证明，对其质量负责。发包人应提前24小时以书面形式通知承包人、监理人材料和工程设备到货时间，承包人负责材料和工程设备的清点、检验和接收。 The employer should, pursuant to the contents stipulated in List of Materials and Equipment supplied by the employer, furnish materials and engineering equipment being accompanied by the certificate of product qualification and certificate of merchandise, and be responsible for the quality thereof. The employer should, on 24 hours prior written notice to the contractor and the supervisor, inform the arrival time of materials and engineering equipment, and the contractor shall be responsible for the inventory, inspection and acceptance of materials and equipment. 发包人提供的材料和工程设备的规格、数量或质量不符合合同约定的，或因发包人原因导致交货日期延误或交货地点变更等情况的，按照第16.1款〔发包人违约〕约定办理。 Provided that the specifications, quantity or quality of the materials and engineering equipment which are supplied by the employer are found not in conformity with the description set out in contract, or delay of delivery date or change of delivery place and other matters, will be processed under article 16.1 [Employer’s Breach]. Employer’s Equipment and Free-Issue Material 雇主设备和免费供应的材料 雇主应准备雇主设备(如果有),供承包商按照雇主要求中提出的细节、安排和价格,在工程实施中使用.除非在雇主要求中另有说明: The Employer shall make the Employer’s Equipment (if any) available for the use of the Contractor in the execution of the Works in accordance with the details, arrangements and prices stated in the Employer’s Requirements. Unless otherwise stated in the Employer’s Requirements: 雇主应按照雇主要求中规定的细节,免费提供“免费供应的材料”(如果有).雇主应自行承担风险和费用,按照合同规定的时间和地点供应这些材料.随后,承包商应对其进行目视检查,并将这些材料的短少、缺陷或缺项迅速通知雇主.除非双方另有协议,雇主应立即改正通知指出的短少、缺陷或缺项. The Employer shall supply, free of charge, the “free-issue material” (if any) in accordance with the details stated in the Employer’s Requirement. The Employer shall, at his risk and cost, provide these materials at the time and place specified in the contractor. The Contractor shall then visually inspect them, and shall promptly give notice to the Employer of any shortage, defect or default in these materials. Unless otherwise agreed by both Parties, the Employer shall immediately rectify the notified shortage, defect or default. 目视检查后,这些免费供应的材料应由承包商照管、监护和控制.承包商的检查、照管、监护和控制的义务,不应解除雇主对目视检查难发现的任何短少、缺陷或缺项所负的责任. After this visual inspection, the free-issue materials shall come under the care, custody and control of the Contractor. The Contractor’s obligations of inspection, care, custody and control shall not relieve the Employer of liability for any shortage, defect or default not apparent from a visual inspection. “材料”系指拟构成或正构成永久工程一部分的各类物品（生产设备除外），包括根据合同要由承包商供应的只供材料（如果有）。 “Materials” means things of all kinds (other than Plant) intended to form or Forming part of the Permanent Works, including the supply-only materials (If any) to be supplied by the Contractor under the Contract. 承包商同意，在使用公司提供的所有材料、设备和供应物品前，进行检查。如目测到或有明显的缺陷，应立即通知公司，以便及时更换有缺陷的物品，从而不影响施工。任何时候承包商对公司提供的材料、设备和供应物品中存在的潜在缺陷不负责任。 CONTRACTOR agrees to examine (before using) all materials, equipment, and supplies furnished by COMPANY, and promptly report to COMPANY any visual or apparent defects contained therein, to allow COMPANY to replace same without delaying operations. CONTRACTOR shall not be held responsible for latent defects in COMPANY’S materials, equipment and supplies at any time. 甲方供应材料设备 Materials and equipment supplied by Party A 对于甲方确定的材料、设备，在国内采购有困难时由甲方负责采购（含安装），乙方收取保管费。 For materials and equipment decided by Party A, in case Party B has difficulty in soucing in China, Party A shall be responsible for the procurement (including installation) and Party B shall collect custody fee. 本工程甲方负责采购供应的材料、设备（见附表），应为全新的合格产品，并应按时供应到现场。凡约定由乙方提货的，甲方应将提货手续移交给乙方，由乙方承担运输费用。 All materials and equipment (see the attached table) that Party A orders should be brand new and qualified products, and should be delivered to the construction site as scheduled. Party A shall hand over pick-up paperwork to Party B for anything that needs Party B to pick up, and Party B shall be responsible for the cost of transportation. 如果由于甲方提供的材料设备质量低劣或规格差异，对工程造成损失，责任由甲方承担。甲方供应的材料，经乙方验收后，由乙方负责保管。由于乙方保管不当或被盗所造成的损失，由乙方负责赔偿。 In the event of materials and equipment provided by Party A are poor in quality or have difference in technical specifications, and have incurred losses to the project, Party A shall be responsible for the losses. Having accepted the materials provided by Party A, Party B shall be responsible for the storage and protection of the materials. Party B shall be responsible for the compensation of any loss as a result of improper protection by Party B or theft. 本工程甲方负责采购供应的材料、设备（见附表一），应符合设计要求的合格产品，并应按时供应到现场。凡约定的由乙方提货的，甲方应将手续移交给乙方，由乙方承担运输费用。由甲方供应的材料、设备发生了质量问题或规格差异，对工程造成损失，责任由甲方承担。 Engineering the first parties are responsible for the material, equipment(see attach table a) which buys a supply, should meet the qualified product of[with] design request, and should supply the spot on time. Any engagement of is lifted goods by the second party, the first party should hand over the procedure to the second party, is undertaken a conveyance expenses by the second party. 甲方供应的材料，经乙方验收后，由乙方负责保管，甲方应支付材料价值 %保管费，由于乙方保管不当造成损失，由乙方负责赔偿。 The material, equipment supplied by the first party took place quality problem or specification difference, bringing loss to engineering, the responsibility is undertaken by the first party. The material that the first party supplies, after the second party checking and accepting the second party is responsible of preservation, the first party should pay material value %，Storage fee, because the second party takes care of not appropriate result in loss, the second party is responsible of indemnification. 发包人供应材料设备 Materials and equipment supplied by the employer 实行发包人供应材料设备的，双方应当约定发包人供应材料设备的一览表，作为本合同附件。一览表包括发包人供应材料设备的品种、规格、型号、数量、单价、质量等级、提供时间和地点。 If materials and equipment are supplied by the employer, both parties should make a list of materials and equipment supplied by the employer as appendix of the contract. The list should cover type, size, model, quantity, unit price, quality grade, delivery time and delivery time of the materials and equipment supplied by the employer. 发包人按一览表约定的内容提供材料设备，并向承包人提供产品合格证明，对其质量负责。发包人在所供材料设备到货前24小时，以书面形式通知承包人，由承包人派人与发包人共同清点。 The employer should supply materials and equipment according to the content of the contracted list and provide qualification certificate of products and take responsibility for product quality. The employer should notify the contractor in writing 24 hours prior to arrival of the materials and equipment it supplies. The contractor should send its employee to count equipment and materials with the employer. 发包人供应的材料设备，承包人派人参加清点后由承包人妥善保管，发包人支付相应保管费用。因承包人原因发生丢失损坏，由承包人负责赔偿。 After count materials and equipment supplied by the employer, the contractor should properly store the materials and equipment and the employer should bear relevant storage expenses. If there is damage or loss for the fault of the contractor, the contractor should compensate. 水泥、钢筋、商品砼、防水板及卷材由发包人通过招标确定采购供应商和价格。采购合同由发包人、承包人和供应商签订三方合同，采购费用经承包人、监理确认后由发包人直接支付给供应商。结算时以监理和发包人按招标文件规定审核的数量和供应商投标价格计算。 Supplier and price of cement, steel, commodity concrete, waterproof board and coil will be confirmed through bidding by employer. Purchase contract will be singed by the three parties of employer, contractor and supplier, the payment thereof will, upon confirmation of employer and supervisor, be effected by contractor to supplier, the settlement of payment will, by supervisor and employer, made in accordance with the amount which have been examined and approved in bidding documents and the bid price by supplier. 其余材料承包人自行采购，结算时由监理和发包人按招标文件规定审核的数量和投标价格计算，不计价差。 Other material will be purchased by contractor at its arrangement, settlement of the same will be made by calculation of the amount which have been examined and approved in bidding documents and the bid price，without price difference. 发包人提供的材料和工程设备 Material and Equipment Provided by Employer 发包人按《发包人供应材料设备一览表》（详附件）约定的内容提供材料设备，承包人按施工规范和检测规范对一切进场材料进行质量检验，承包人有权退回检验不合格的材料；承包人对投入使用的材料质量负责，并对工程质量全面负责。 Employer will, pursuant to Schedule of Material and Equipment Provided by Employer, provide material and equipment to contractor which will, in accordance with the norms of construction and inspection, make quality inspection of all materials which entering into site and contractor is entitle to return the unqualified material in addition to taking liability of used material in construction and is liable to project quality. |
|
|
