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FIDIC设计采购施工(EPC)合同条件(银皮书英文版)

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1.1.4.2 “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.
1.1.4.3 “Final Statement” means the statement defined in Sub-Clause 14.11[Application for Final Payment].
1.1.4.4 “Foreign Currency” means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency.
1.1.4.5 “Local Currency” means the currency of the Country.
1.1.4.6 “Provisional Sum” means a sum (if any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Material or services under Sub-Clause 13.5 [Provisional Sums].
1.1.4.7 “Retention Money” means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 [Application for Interim Payments] and pays under Sub-Clause 14.9 [Payment of Retention Money].
1.1.4.8 “Statement” means a statement submitted by the Contractor as part of an application for payment under Clause 14 [Contract Price and Payment].
1.1.5  Works and Goods
1.1.5.1 “Contractor’s Equipment” means all apparatus, machinery, vehicles and other things required for the execution and completion of the Works and remedying of any defects. However, Contractor’s Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materi

www.gong66.comals and any other things intended to form or forming part of the Permanent Works.
1.1.5.2 “Goods” means Contractor’s Equipment, Materials, Plant and Temporary Works, or any of them as appropriate.
1.1.5.3 “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.
1.1.5.4 “Permanent Works” means the permanent works to be designed and executed by the Contractor under the Contract.
1.1.5.5 “Plant “means the apparatus, machinery and vehicles intended to form or forming part of the Permanent Works.
1.1.5.6 “Section” means a part of the Works specified in the Particular Conditions as a Section (if any).
1.1.5.7 “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required on Site for the execution and completion of the Permanent Works and the remedying of any defects.
1.1.5.8 “Works” means the Permanent Works and the Temporary Works, or either of them as appropriate.
1.1.6  Other Definitions
1.1.6.1 “Contractor’s Documents” means the calculations, computer programs and other software, drawings, manuals, models and other documents of a technical nature supplied by the Contractor under the Contract; as described in Sub-Clause 5.2 [Contractor’s Documents].
1.1.6.2 “Country” means the country in which the Site (or most of it) is located, where the Permanent Works are to be executed.
1.1.6.3 “Employer’s Equipment” means the apparatus, machinery and vehicles (if any) made available by the Employer for the use of the Contractor in the execution of the Works, as stated in the Employer’s Requirements; but does not include Plant which has not been taken over by the Employer.
1.1.6.4 “Fore Majeure” is defined in Clause 19 [Fore Majeure].
1.1.6.5 “Laws” means all national (or state) legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority.
1.1.6.6 “Performance Security” means the security (or securities, if any) under Sub-Clause 4.2 [Performance Security].
1.1.6.7 “Site” means the places where the Permanent Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specified in the Contract as forming part of the Site.
1.1.6.8 “Variation” means any change to the Employer’s Requirements or the Works, which is instructed or approved as a variation under Clause 13 [Variation and Adjustment].
1.2 Interpretation
In the Contract, except where the context requires otherwise:
(a) Words indicating one gender include all genders;
(b) Words indicating the singular also include the plural and words indicating the plural and words indicating the plural also include the singular.
(c) Provisions including the word “agre

www.gong66.come”, ”agreed” or “agreement” require the agreement to be recorded in writing, and
(d) “written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.
The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions.
1.3 Communications
Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shall be:
(a) in writing and delivered by hand(against receipt), sent by mail or courier, or transmitted using any of agreed systems of electronic transmission as stated in the Particular Conditions; and
(b) delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract. However:
(i) if the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and
(ii) if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued.
Approval, certificates, consents and determinations shall not be unreasonably withheld or delayed.
1.4 Law and Language
The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Particular Conditions.
If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Particular Conditions shall prevail.
The language for communications shall be that stated in the Particular Conditions. If no language is stated there, the language for communications shall be the language in which the Contract (or most of it) is written.
1.5 Priority of Document
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:
(a) the Contract Agreement;
(b) the Particular Conditions;
(c) these General Conditions;
(d) the Employer’s Requirements;
(e) the Tender and other documents forming part of the Contract .

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