水利水电翻译实务(段红鹰)【电子书籍下载 epub txt pdf doc 】
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水利水电翻译实务
作者：段红鹰
出版：中国水利水电出版社
水利水电翻译实务为了满足水利水电行业人员对外业务交流的需要，让从事涉外水利水电工程技术工作人员能进一步了解水利水电专业英语，我们编著了这部实用性较强的水利水电专业英语应用文工具书。全书分八章：产品说明、商务信函、招标与投标 、工程承包、施工方案、合同、法律文书、索赔与理赔。《水利水电翻译实务》提供了丰富的工程英文应用范例，采用中英文对照形式，方便读者学习模仿。前言第一章 产品说明书一、概述二、常用词、词组和句型三、实例四、产品说明书的特点及翻译技巧第二章 商务信函一、概述二、常用词、词组和句型三、实例四、商务信函的语言特点和翻译技巧第三章 招标与投标文件一、概述二、常用词、词组和句型三、实例四、招标与投标文件的特点及翻译技巧第四章 工程承包合同一、概述二、常用词、词组和句型三、实例四、工程承包书的翻译技巧第五章 施工方案一、概述二、常用词、词组和句型三、实例四、施工方案的翻译技巧第六章 合同一、概述二、常用词、词组和句型三、实例四、商务合同的语言特点及翻译技巧第七章 法律文书一、概述二、常用词、词组和句型三、实例四、法律文书的语言特点和翻译技巧第八章 索赔与理赔信函一、概述二、常用词、词组和句型三、实例四、索赔与理赔的语言特点及翻译技巧
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版权信息：Copyright & 2007- All rights reserved. 一木禾网盘() 版权所有FIDIC简明合同格式&(绿皮书)&中英文
Short Form of Contract
1998l999(F1DIC)()()
Acceptance
Conditions
GENERAL PROVISIONS
Definitions
Dates, Times and
Definitions
Interpretation
Priority of Documents
Communications
Statutory Obligations
THE EMPLOYER
Provision of Site
Permits and Licences
Employer’s Instructions
EMPLOYER’S REPRESENTATIVES
Authorised Person
Employer’s Representative
THE CONTRACTOR
General Obligations
Contractor’s Representative
Subcontracting
Performance Security
DESIGN BY CONTRACTOR
Contractor’s Design
Responsibility for Design
EMPLOYER’S LIABILITIES
Employer’s Liabilities
TIME FOR COMPLETION
Execution of the Works
Extension of Time
Late Completion
TAKING-OVER
Completion
Taking-Over Notice
REMEDYING DEFECTS
Remedying Defects
Uncovering and Testing
VARIATIONS AND CLAIMS
Right to Vary
Valuation of Variations
Early Warning
Right to Claim
Variation and Claim Procedure
CONTRACT PRICE AND PAYMENT
111 Valuation of the Works
112 Monthly Statements
113 Interim Payments
114 Payment of First Half of
115 Payment of Second Half of
116 Final Payment
117 Currency
118 Delayed Payment
121 Default by Contractor
122 Default by Employer
123 Insolvency
124 Payment upon Termination
& RISK AND
RESPONSIBILITY
131 Contractor’s Care of the
132 Force Majeure
Extent of Cover
Arrangements
Failure to Insure
RESOLUTION OF DISPUTES.
Adjudication
Notice of Dissatisfaction
Arbitration
INDEX& OF&
SUB-CLAUSES&
Particular
Conditions&
Adjudication&
Agreement& &
Employer is _________of_______
Contractor is _________of______
Employer desires the execution of certain Works known as
____________
Contractor has examined the documents listed in the Appendix which
forms part of this Agreement and offers to execute the Works in
conformity with the Contract for the sum of ____________(in
words)______________(in figures) (____________)or such other sum as
may be ascertained under the Contract.
& &&&&&&&&&&&&&&&&()& &&&&&&&&&&&&&&&&&&()
&&&&&&&&&&&&&&&&&&)
offer, of which the Contractor has submitted two signed originals,
may be accepted by the Employer by signing and returning one
original of this document to the Contractor
before_____________(date)
Contractor understands that the Employer is not bound to accept the
lowest or any offer received for the Works.
Signature:
_______ Date:
Name: ______
Authorised
to sign on behalf of (organization Name):
Capacity:&
ACCEPTANCE
Employer has by signing below, accepted the Contractor’s offer and
agree that in consideration for the execution of the Contract. This
Agreement comes into effect on the date when the Contractor
receives one original of this document signed by the
Signature:
_______ Date:
Name: ______
Authorised
to sign on behalf of (organization Name):
Capacity:&
Appendix forms part of the Agreement.
with the exception of the items for which the Employer’s
requirements have been inserted, the Contractor shall complete the
following information before submitting his offer.]&&&&&&&&&&&&&&&&&&&&
Item&&&&&&&&&&&&&&&&&&&&&&&&
Sub-Clause&&&&&
Data&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
forming the Contract listed in the order of priority& …&&&
&1.1.1&&&&&
(delete if not applicable)&&&&&&&&&&&&&
Identification&&&&&&
()&&&&&&&&&&&
Particular Conditions
General Conditions
Specification
Contractor’s tendered design&&
bill of quantities
…………………………………&&&&&&&&&&&&
…………………………………&&
General Conditions
1.General Provisions
1.1Definitions&
Contract as defined below, the words and expressionsdefined shall
have the following meanings assigned to them, except where the
context requires otherwise:
1.1.1& “Contract” means the
Agreement and the other documents listed in the
1.1.2& “Specification” means
the document as listed in the Appendix, including Employer’s
requirements in respect of design to be carried out by the
Contractor, if any, and any Variation to such document.
“Drawing” means the Employer’s drawings of the Works as listed in
the Appendix, and any Variation to such drawings.
“Employer” means the person named in the Agreement and the legal
successors in title to this person, but not (except with the
consent of the Contractor) any assignee.
&&&&&&&&&&&&&&&
&1.1.5& “Contractor” means
the person named in the Agreement and the legal successors in title
to this person, but not (except with the consent of the Employer)
any assignee.
1.1.6& “Party” means either
the Employer or the Contractor.
Times and Periods
&1.1.7& “Commencement Date”
means the date 14 days after the date the Agreement comes into
effect or any other date agreed between the Parties.
&&&&&&&&&&&&&&&&&&&&
1.1.8& “day” means a
calendar day.
1.1.9& &“Time for Completion”
means the time for completing the Works as stated in the Appendix
(or as extended under Sub-Clause7.3), calculated from the
Commencement& Date.
1.1.10& “Cost” means all
expenditure properly incurred (or to be incurred) by the
Contractor, whether on or off the Site, including overheads and
similar charges, but does not include profit.
Definitions
&1.1.11& “Contractor’s
Equipment” means all apparatus,machinery, vehicles, facilities and
other things required for the execution of the Works but does not
include Materials of Plant.
1.1.12& “Country” means the
country in which the Site is located.
1.1.13& “Employer’s
Liabilities” means those matters listed in Sub-Clause
“Force Majeure” means an exceptional event or circumstance: which
is beyond a Party’ which such Party could not reasonably
have provided against before entering into the C which,
having arisen, such Party could not reasonably have avoided or
and, which is not substantially attributable to the other
1.1.15& “Materials”means
things of all kinds(other than Plant) intended to form or forming
part of the permanent work.
1.1.16& “Plant” means the
machinery and& apparatus intended to
form or forming part of the permanent work.
1.1.17& “Site” means the
places provided by the Employer where the Works are to be executed,
and any other places specified in the Contract as forming part of
1.1.18& “Variation” means a
change to the Specification and/or Drawing (if any) which is
instructed by the Employer under Sub-Clause 10.1.
1.1.19& “Works” means all the
work and design(if any) to be performed by the Contractor including
temporary work and any Variation
Interpretation
&Words importing
persons or parties shall include firms and organizations. Words
importing singular or one gender shall include plural or the other
gender where the context requires.
Priority of Documents&
&The documents forming
the Contract are to be taken as mutually explanatory of one
another. If an ambiguity or discrepancy is found in the documents,
the Employer shall issue any necessary instructions to the
Contractor, and the priority of the documents shall be in
accordance with order as listed in the Appendix.
The law of the Contract is stated in the Appendix.
Communications&&
provisions is made for the giving or issue of any notice,
instruction, or other communication by any person, unless otherwise
specified such communication shall be written in the language
stated in the Appendix and shall not be unreasonably withheld or
Statutory Obligations
Contractor shall comply with the laws of the countries where
activities are performed. The Contractor shall give all notices and
pay all fees and other charges in respect of Works.&
2.The Employer
Provision of Site&&
Employer shall provide the Site and right of access thereto at the
times stated in the Appendix.
2.2Permits
and Licences
Employer shall, if requested by the Contractor, assist him in
applying for permits, licences or approvals which are required for
the Works.
Employer’s Instructions
Contractoe shall comply with all instructions given by the Employer
in respect of the Works including the susn of all or part of
the Works.&
2.4Approvals&
approval or consent or absence of comment by the Employer or the
Employer’s representative shall affect the Contractor’s
obligations.
3.Employer’s Representatives
3.1Authorised Person
One of the
Employer’s personnel shall have authority to act for him. This
authorised person shall be as stated in the Appendix, or as
otherwise notified by the Employer to the Contractor.
Employer’s Representative&
Employer may also appoint a firm or individual to carry out certain
duties. The appointee may be named in the Appendix, or notified by
the Employer to the Contractor from time to time. The Employer
shall notify the Contractor of the delegated duties and authority
of this Employer’s representative.
4.The Contractor
General Obligations
Contractor shall carry out the Works properly and in accordance
with the Contract. The Contractor shall provide all supervision,
labour, Materials, Plant and Contractor’s Equipment which may be
required. All Materials and Plant on Site shall be deemed to be the
property of the Employer.
Contractor’s&
Representative
Contractor shall submit to the Employer for consent the name and
particulars of the person authorized to receive instructions on
behalf of the Contractor.&&&&&
Subcontracting
Contractor shall not subcontract the whole of the Works. The
Contractor shall not subcontract any part of the Works without the
consent of the Employer.
Performance Security
in the Appendix, the Contractor shall deliver to the Employer
within 14 days of the Commencement Date a performance security in a
form and form a third party approved by the Employer.
5.Design by Contractor
5.1Contractor’s Design
Contractor shall carry out design to the extent specified, as
referred to in the Appendix. The Contractor shall promptly submit
to the Employer all designs prepared by him. Within 14 days of
receipt the Employer shall notify any comments or, if the design
submitted is not in accordance with the Contract, shall reject it
stating the reasons. The Contractor shall not contract any element
of the permanent work designed by him within 14 days after the
design has been submitted to the Employer or where the design for
that element has been rejected. Design that has been rejected shall
be promptly amended and resubmitted. The Contractor shall resubmit
all designs commented on taking these comments into account as
necessary.
Responsibility for Design
Contractor shall remain responsible for his tendered design under
this Clause, both of which shall be fit for the intended purposes
defined in the Contract and he shall also remain responsible for
any infringement of any patent or copyright in respect of the same.
The Employer shall be responsible for the Specification and
6.Employer’s Liabilities
Employer’s Liabilities
Contract, Employer’s Liabilities mean:
&&&&&&&&&&&&&&&&&&&&&&&
war, hostilities(whether war be declared or not), invasion, act of
foreign enemies, within the Country,
rebellion, terrorism, revolution ,insurrection, military or usurped
power, or civil war, within the Country,
riot, commotion or disorder by persons other than the Contractor’s
personnel and other employees, affecting the Site and/or the
ionising radiations, or contamination by radio-activity from any
nuclear fuel, or from any nuclear& waste from the
combustion of nuclear fuel, radio-active toxic explosive, or other
hazardous properties of any explosive nuclear assembly or nuclear
component of such an assembly, except to the extent to which the
Contractor may be responsible for the use of any radio-active
pressure waves caused by aircraft or the other aerial devices
traveling at sonic or supersonic speeds,
use or occupation by the Employer or any part of the Works, except
as may be specified in the Contract,
design of any part of the Works by the Employer’s personnel or by
others for whom the Employer is responsible, and
any operation of the forces of nature affecting the Site and/or the
Works, which was unforeseeable or against which an experienced
contractor could not reasonably have been expected to take
precautions.
Force Majeure,
a susn under Sub-Clause 2.3 unless it is attributable to the
Contractor’s failure,&&&&&&&&&&
any failure of the Employer,
physical obstructions or physical conditions other than climatic
conditions, encountered on the Site during the performance of the
Works, which obstructions or conditions were not reasonably
foreseeable by an experienced contractor and which the Contractor
immediately notified to the Employer,
delay or disruption caused by any Variation,
any change to the law of the Contract after the date of the
Contractor’s offer as stated in the Agreement,
losses arising out of the Employer’s right to have the permanent
work executed on, over, under, in or through any land, and to
occupy this land for the permanent work, and
damage which is an unavoidable result of the Contractor’s
obligations to execute the Works and to remedy any
7.Time for Completion
Execution of the Works
Contractor shall commence the Works on the Commencement Date and
shall proceed expeditiously and without delay and shall complete
the Works within the Time for Completion.
Programme&
Within the
time stated in the Appendix, the Contractor shall submit to the
Employer a programme for the Works in the form stated in the
Extension of Time
Subject to
Sub-Clause 10.3, the Contractor shall be entitled to an extension
to the Time for Completion if he is or will be delayed by any of
the Employer’s Liabilities.
Completion
Contractor fails to complete the Works within the Time for
Completion, the Contractor’s only liability to the Employer for
such failure shall be to pay the amount stated in the Appendix for
each day for which he fails to complete the Works.
8.Taking-Over
Completion
Contractor may notify the Employer when he considers that the Works
are complete.
Taking-Over Notice
Employer shall notify the Contractor when he considers that the
Contractor has completed the Works stating the date accordingly.
Alternatively, the Employer may notify the Contractor that the
Works, although not fully complete, are ready for taking over,
stating the date accordingly.
Employer shall take over the Works upon the issue of this notice.
The Contractor shall promptly complete any outstanding work and,
subject to Clause 9, clear the Site.
9.Remedying Defects
Remedying Defects
Employer may at any time prior to the expiry of the period stated
in the Appendix, notify the Contractor of any defects or
outstanding work. The Contractor shall remedy at no cost to the
Employer any defects due to the Contractor’s design, Materials,
Plant or workmanship not being in accordance with the
of remedying defects attributable to any other cause shall be
valued as a Variation. Failure to remedy any defects or complete
outstanding work within a reasonable time of the Employer’s notice
shall entitle the Employer to carry out all necessary work at the
Contractor’s cost.
Uncovering and Testing
Employer may give instruction as to the uncovering and/or testing
of any work. Unless as a result of any uncovering and/or testing it
is established that the Contractor’s design, Materials, Plant or
workmanship are not in accordance with the Contract, the Contractor
shall be paid for such uncovering and/or testing as a Variation in
accordance with Sub-Clause 10.2.
10.Variation and Claims
10.1 Right
Employer may instruct Variations.
Valuation of Variations
Variations
shall be valued as follows:
at a lump sum price agreed between the Parties, or
where appropriate, at rates in the Contract, or
in the absence of appropriate rates, the rates in the Contract
shall be used as the basis for valuation, or failing
at appropriate new rates, as may be agreed or which the Employer
considers appropriate, or
if the Employer so instructs, at day work rates set out in the
Appendix for which the Contractor shall keep records of hours of
labour and Contractor’s Equipment, and of Materials
10.3 Early
Party shall notify the other as soon as he is aware of any
circumstance which may delay or disrupt the Works, or which may
give rise to a claim for additional payment. The Contractor shall
take all reasonable steps to minimize these effects.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
Contractor’s entitlement to extension to the Time for Completion or
additional payment shall be limited to the time and payment which
would have been due if had given prompt notice and had taken all
reasonable steps.
Contractor incurs Cost as a result of any of the Employer’s
Liabilities, the Contractor shall be entitled to the amount of such
Cost. If as a result of any of the Employer’s Liabilities, it is
necessary to change the Works, this shall be dealt with as a
Variation.
10.5Variation and Claim
Contractor shall submit to the Employer an Procedure itemised
make-up of the value of Variations and claims within 28 days of the
instruction or of the event giving rise to the claim. The Employer
shall check and if possible agree the value. In the absence of
agreement, the Employer shall determine the value.
11. Contract Price and Payment
11.1Valuation of the Works
shall be valued as provided for in the Appendix, subject to Clause
Monthly Statements
Contractor shall be entitled to be paid at monthly
intervals:
the value of the Works executed,
the percentage stated in the Appendix of the value of Materials and
Plant delivered to the Site at a reasonable time.
Subject to
any additions or deductions which may be due.
Contractor shall submit each month to the Employer a statement
showing the amounts to which he considers himself
Interim Payments
days of delivery of each statement, the Employer shall pay to the
Contractor the amount shown in the Contractor’s statement less
retention at the rate stated in the Appendix, and less any amount
for which the Employer has specified his reasons for disagreement.
The Employer shall not be bound by any sum previously considered by
him to be due to the Contractor.
Employer may withhold interim payments until he receives the
performance security under Sub-Clause 4.4 (if any).
Payment of First Half of &&&&&
&One half of the
retention shall be paid by the Employer to Retention the Contractor
within 14 days after issuing the notice under Sub-Clause
Payment of Second Half
remainder of the retention shall be paid by the Employer to the
Contractor within 14 days after either the expiry of the period
stated in the Appendix, or the remedying of notified defects or the
completion of outstanding work, all as referred to in Sub-Clause
9.1, whichever is the later.
11.6 Final
days of the latest of the events listed in Sub-Clause 11.5 above,
the Contractor shall submit a final account to the Employer
together with any documentation reasonably required to enable the
Employer to ascertain the final Contract Value.
&&&&&&&&&&&&&&&&&&&&&&&&
&Within 28 days after
the submission of this final account, the Employer shall pay to the
Contractor any amount due. If the Employer disagrees with any part
of the Contractor’s final account, he shall specify his reasons for
disagreement when making payment.
shall be in the currency stated in the Appendix.
Delayed Payment &
Contractor shall be entitled to interest at the rate stated in the
Appendix for each day the Employer fails to pay beyond the
prescribed payment period.
Default by Contractor
Contractor abandons the Works, refuses or fails to comply with a
valid instruction of the Employer or fails to proceed expeditiously
and without delay, or is, despite a written complaint, in breach of
the Contract, the Employer may give notice referring to this
Sub-Clause and stating the default.
Contractor has not taken all practicable steps to remedy the
default within 14 days after the Contractor’s receipt of the
Employer’s notice, the Employer may by a second notice given within
a further 21days, terminate the Contract. The Contractor shall then
demobilise from the Site leaving behind Materials and Plant and any
Contractor’s Equipment which the Employer instructs in the second
notice is to be used until the completion of the Works.
Default by Employer&
Employer fails to pay in accordance with the Contract, or is,
despite a written complaint, in breach of the Contract, the
Contractor may give notice referring to this Sub-Clause and stating
the default. If the default is not remedied within 7 days after the
Employer’s receipt of this notice, the Contractor may suspend the
execution of all or parts of the works.
default is not remedied within 28 days after the Employer’s receipt
of the Contractor’s notice, the Contractor may be a second notice
given within a further 21 days, terminate the Contract. The
Contractor shall then demobilise from the Site.
Insolvency& &&&&
If a Party
is declared insolvent under any applicable law, the other Party may
be by notice terminate the Contract immediately. The Contractor
shall then demobilize from the Site leaving behind, in the case of
the Contractor’s insolvency, any Contractor’s Equipment which the
Employer instructs in the notice is to be used until the completion
of the Works.
Payment upon
termination, the Contractor shall be entitled
toTermination& payment of the unpaid
balance of the value of the Works executed and of the Materials and
Plant reasonably delivered to the Site, adjusted by the
following:
any sums to which the Contractor is entitled under Sub-Clause
any sums to which the Employer is entitled,
if the Employer has terminated under Sub-Clause 12.1 or 12.3, the
Employer shall be entitled to a sum equivalent to 20% of the value
of those parts of the Works not executed at the date of the
termination,
if the Contractor has terminated under Sub-Clause 12.2 or 12.3, the
Contractor shall be entitled to the Cost of his susn and
demobilization together with a sum equivalent to 10% of the value
of those parts of the Works not executed at the date of
termination.
balance due shall be paid or repaid within 28 days of the notice of
termination.
Risk and Responsibility
Contractor’s Care of the Contractor
&The Contractor shall
take full responsibility for the care of Works the Works from the
Commencement Date until the date of the date of the Employer’
notice under Sub-Clause 8.2. Responsibility shall then pass to the
Employer. If any loss or damage happens to the during the above
period, the Contractor shall rectify such loss or damage so that
the Works conform with the Contract.
Unless the
loss or damage happens as a result of an Employer’s Liability, the
Contractor shall indemnify the Employer, the Employer’s
contractors, agents and employees against all loss or damage
happening to the Works and against all claims or expense arising
out of the Works caused by a breach of the Contract, by negligence
or by other default of the Contractor, his agents or
employees.
13.2 Force
If a Party
is or will be prevented from performing any of its obligations by
Force Majeure, the Party affected shall notify the other Party
immediately. If necessary, the Contractor shall suspend the
execution of the Works and, to the extent agreed with the Employer,
demobilize the Contractor’s Equipment.
event continues for a period of 84 days, either Party may then give
notice of termination which shall take effect 28 days after the
giving of the notice.
termination, the Contractor shall be entitled to payment of the
unpaid balance of the value of the Works executed and of the
Materials and Plant reasonably delivered to the Site, adjusted by
the following:
any sums to which the Contractor is entitled under Sub-Clause
the Cost of his susn and demobilization,
any sums to which the Employer is entitled.
&The net balance due
shall be paid or repaid within 28 days of the notice of
termination.
Extent of Cover
Contractor shall, prior to commencing the Works, effect and
thereafter maintain insurances in the joint names of the
for loss and damage to the Works, Materials, Plant and the
Contractor’s Equipment,
for liability of both Parties for loss, damage, death or injury to
third parties or their property arising out of the Contractor’s
performance of the Contract, including the Contractor’s liability
for damage to the Employer’s property other than the Works,
for liability of both Parties and of any Employer’s representative
for death or injury to the Contractor’s personnel except to the
extent that liability arises from the negligence of the Employer,
any Employer’s representative or their employees.
Arrangements
insurances shall conform with any requirements detailed in the
Appendix. The policies shall be issued by insurers and in terms
approved by the Employer. The Contractor shall provide the Employer
with evidence that any required policy is in force and that the
premiums have been paid.
payments received from insures relating to loss or damage to the
Works shall be held jointly by the Parties and used for the repair
of the loss or damage or as compensation for loss or damage that is
not to be repaired.
Failure to insure
Contractor fails to effect or keep in force any of the insurances
referred to in the previous Sub-Clauses, or fails to provide
satisfactory evidence, policies or receipts, the Employer may,
without prejudice to any other right or remedy, effect insurance
for the cover relevant to such default and pay the premiums due and
recover the same as a deduction from any other monies due to the
Contractor.
15 Resolution of Disputes
Adjudication
settled amicably, any dispute or difference which arises between
the Contractor and the Employer out of or in connection with the
Contract, including any valuation or other decision of the
Employer, shall be referred by either Party to adjudication in
accordance with the attached Rules for Adjudication (“the Rules”).
The adjudicator shall be any person agreed by the Parties. In the
event of disagreement, the adjudicator shall be appointed in
accordance with the Rules.
Notice of Dissatisfaction
If a Party
is dissatisfied with the decision of the adjudicator or if no
decision is given within time set out in the Rules, the Party may
give notice of dissatisfaction referring to this Sub-Clause within
28 days of receipt of the decision or the expiry of the time for
the decision. If no notice of dissatisfaction is given within
specified time, the decision shall be final and binding on the
Parties. If notice of dissatisfaction is given within the specified
time, the decision shall be binding on the Parties who shall give
effect to it without delay unless and until the decision of the
adjudicator is revised by an arbitrator.
Arbitration
which has been the subject of a notice of dissatisfaction shall be
finally settled by a single arbitrator under the rules specified in
the Appendix. In the absence of agreement, the arbitrator shall be
designated by the appointing authority specified in the Appendix.
Any hearing shall be held at the place specified in the Appendix
and in the language referred to in Sub-Clause 1.5.
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