（白皮書英文版）fidic業(yè)主咨詢工程師標(biāo)準(zhǔn)服務(wù)協(xié)議書條件

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（白皮書英文版）fidic業(yè)主咨詢工程師標(biāo)準(zhǔn)服務(wù)協(xié)議書條件_第1頁

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1、　　FIDIC,　　CLIENT/CONSULTANT MODEL SERVICES AGREEMENT　　(“White Book”)　　Third Edition, 1998　　CONTENTS

2、　　AGREEMENT　　GENERAL CONDITIONS　　DEFINITIONS AND INTERPRETATION　　1.Definitions　　2.In

3、terpretation　　OBLIGATIONS OF THE CONSULTANT　　3.Scope of Services　　4.Normal, Additional and Exceptional Services　　5.Duty of Care and E

4、xercise of Authority　　6.Client's Property　　OBLIGATIONS OF THE CLIENT　　7.Information　　8.Decisions　　9.Assista

5、nce　　10.Equipment and Facilities　　11.Client's Personnel　　12.Services of Others　　PERSONNEL

6、　　13.Supply of Personnel　　14.Representatives　　15.Changes in Personnel　　LIABILITY AND INSURANCE　　16.Liability between the Parties<

7、/p>　　16.1Liability of the Consultant　　16.2Liability of the Client　　16.3Compensation　　17.Duration of Liability　　18.Lim

8、it of Compensation and Indemnity　　18.1Limit of Compensation　　18.2Indemnity　　18.3Exceptions　　19.Insurance for Liability and Indemnity

9、　　20.Insurance of Client's Property　　COMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF THE AGREEMENT　　21.Agreement Effective

10、;　　22.Commencement and Completion　　23.Variation　　24.Further Proposals　　25.Delays　　26.Changed Circumstances　　27

11、.Abandonment, Suspension or Termination　　27.1By Notice of the Client　　27.2By Notice of the Consultant　　28.Exceptional Services　　29.

12、Rights and Liabilities of Parties　　PAYMENT　　30.Payment to the Consultant　　31.Time for Payment　　32.Currency of Paym

13、ent　　33.Third Party Charges on the Consultant　　34.Disputed Invoices　　35.Independent Audit　　GENERAL PROVISIONS　　3

14、6.Languages and Law　　37.Changes in Legislation　　38.Assignment and Sub-Contracts　　39.Copyright　　40.Conflict of Interest/Corruption a

15、nd Fraud　　41.Notices　　42.Publication　　SETTLEMENT OF DISPUTES　　43.Amicable Dispute Resolution　　43.1Attempt to Re

16、solve　　43.2Referral to Mediator　　43.3Appointment of Mediator　　43.4Agreement of Program　　43.5Written Agreement to be Binding

17、;　　43.6Non-binding Opinion　　43.7Costs of Mediation　　43.8Failure of Mediation　　44.Arbitration　　PARTICULAR CONDITIONS</p

18、>　　A.References from Clauses in the General Conditions　　B.Additional Clauses　　APPENDICES　　A.Scope of Services　　B.Perso

19、nnel, Equipment, Facilities and Services of Others to be Provided by the Client　　C.Remuneration and Payment　　AGREEMENT　　This Agreement ma

20、de the ______________ day of ___________, ____ between __________________________________________________________________　　of ________________________________________________________________

21、;　　(hereinafter called "the Client") of the one part　　and _______________________________________________________________　　of _______________________________

22、_________________________________　　(hereinafter called "the Consultant") of the other part.　　WHEREAS the Client desires that certain Services should be performed by the

23、 Consultant, namely 　　__________________________________________________________________　　__________________________________________________________________

24、　__________________________________________________________________　　__________________________________________________________________　　and has accepted a proposal by the Consul

25、tant for the performance of such Services.　　NOW THIS AGREEMENT WITNESSETH AS FOLLOWS　　1.In this Agreement words and expressions shall have the same meanings as are respectively

26、assigned to them in the Conditions of the Client/Consultant Model Services Agreement hereinafter referred to.　　2.The following documents shall be deemed to form and be read and construed as part of

27、this Agreement, namely:　　(a)The Letter of Acceptance;　　(b)The Conditions of the Client/Consultant Model Services Agreement (General Conditions and Particular Conditions)</p&

28、gt;　　(c)The Appendices, namely:　　Appendix A -Scope of Services　　Appendix B -Personnel, Equipment, Facilities and Services of Others to be Provided by the Client<

29、/p>　　Appendix C -Remuneration and Payment　　3.In consideration of the payments to be made by the Client to the Consultant as hereinafter mentioned the Consultant hereby agrees with the

30、 Client to perform the Services in conformity with the provisions of the Agreement.　　4.The Client hereby agrees to pay the Consultant in consideration of the performance of the Services such amounts

31、 as may become payable under the provisions of the Agreement at the times and in the manner prescribed by the Agreement.　　In Witness whereof the parties hereto have caused this Agreement to be execut

32、ed the day and year first before written in accordance with their respective laws.　　Authorized signature(s) of Client　　___________________________________________________________

33、　　In the presence of:　　Name: ______________________________________________________　　Signature: ____________________________________________________

34、;　　Address: _____________________________________________________　　Authorized signature(s) of Consultant　　___________________________________________________________&l

35、t;/p>　　In the presence of:　　Name: ______________________________________________________　　Signature: ____________________________________________________

36、　　Address: _____________________________________________________　　CONDITIONS OF THE CLIENT/CONSULTANT　　MODEL SERVICES AGREEMENT<h2>　　GENERAL CONDITION

37、S</h2><h2>　　DEFINITIONS AND INTERPRETATION</h2>　　1.DEFINITIONS　　The following words and expressions shall have the meanings assigned to them except where the context o

38、therwise requires:　　(i)“Project” means the project named in the Particular Conditions for which the Works are to be provided.　　(ii)“Services” means the services to be performed

39、 by the Consultant in accordance with the Agreement and comprise Normal Services, Additional Services and Exceptional Services.　　(iii)“Works” means the permanent works to be executed (including the

40、goods and equipment to be supplied to the Client) for the achievement of the Project.　　(iv)“Client” means the party named in the Agreement, who employs the Consultant, and legal successors to the Cl

41、ient and permitted assignees.　　(v)“Consultant” means the party named in the Agreement, who is employed as an independent professional firm by the Client to perform the Services, and legal successors

42、 to the Consultant and permitted assignees.　　(vi)“party” and “parties” means the Client and the Consultant and “third party” means any other person or entity as the context requires.<

43、p>　　(vii)“Agreement” means the Conditions comprising the Conditions of the Client/Consultant Model Services Agreement (General Conditions and Particular Conditions) together with Appendix A (Scope of Services), Appen

44、dix B (Personnel, Equipment, Facilities and Services of Others to be Provided by the Client), Appendix C (Remuneration and Payment), Letter of Acceptance and Formal Agreement if completed, or otherwise as specified in th

45、e Particular Conditions.　　(viii)“day” means the period between any one midnight and the next.　　(ix)“month” means a period of one month according to the Gregorian calendar comme

46、ncing with any day of the month.　　(x)“Local Currency” (LC) means the currency of the country where the Project is located and “Foreign Currency” (FC) means any other currency.

47、(xi)“Agreed compensation” means additional sums as defined in the Particular Conditions which are payable under the Agreement.　　2.INTERPRETATION　　(i)The headings in the Agreem

48、ent shall not be used in its interpretation.　　(ii)The singular includes the plural, the masculine includes the feminine, and vice-versa where the context requires.　　(iii)If the

49、re is conflict between provisions of the Agreement, the last to be written chronologically shall prevail, unless otherwise specified in the Particular Conditions.<h2>　　OBLIGATIONS OF THE CONSULTANT</

50、h2>　　3.SCOPE OF SERVICES　　The Consultant shall perform Services relating to the Project. The Scope of the Services is stated in Appendix A.　　4. NORMAL, ADDITIONAL

51、 AND EXCEPTIONAL SERVICES　　(i)Normal Services are those described as such in Articles A.2 and A.3 of Appendix A.　　(ii)Additional Services are those described as such in Appendi

52、x A or which by written agreement of the parties are otherwise additional to Normal Services.　　(iii)Exceptional Services are those which are not Normal or Additional Services but which are necessari

53、ly performed by the Consultant in accordance with Clause 28.　　5.DUTY OF CARE AND EXERCISE OF AUTHORITY　　(i)The Consultant shall exercise reasonable skill, care and diligence in

54、 the performance of his obligations under the Agreement.　　(ii)Where the Services include the exercise of powers or performance of duties authorized or required by the terms of a contract between the

55、 Client and any third party, the Consultant shall:　　(a)act in accordance with the contract provided that the details of such powers and duties are acceptable to him where they are not described in A

56、ppendix A.　　(b)if authorized to certify, decide or exercise discretion, do so fairly between the Client and third party not as an arbitrator but as an independent professional acts by his skill and

57、judgment.　　(c)if so authorized vary the obligations of any third party, subject to obtaining the prior approval of the Client to any variation which can have an important effect on costs or quality

58、or time (except in any emergency when the Consultant shall inform the Client as soon as practicable).　　6.CLIENT'S PROPERTY　　Anything supplied by or paid for by the Client fo

59、r the use of the Consultant shall be the property of the Client and where practicable shall be so marked. When the Services are completed or terminated, the Consultant shall furnish inventories to the Client of what has

60、not been consumed in the performance of the Services and shall deliver it as directed by the Client. Such delivery shall be regarded as an Additional Service.<h2>　　OBLIGATIONS OF THE CLIENT</h2>

61、　　7.INFORMATION　　The Client shall so as not to delay the Services and within a reasonable time give to the Consultant free of cost all information in his power to obtain which may pertain

62、to the Services.　　8.DECISIONS　　On all matters properly referred to him in writing by the Consultant the Client shall give his decision in writing so as not to delay the Services

63、 and within a reasonable time.　　9.ASSISTANCE　　In the country of the Project and in respect of the Consultant, his personnel and dependents, as the case may be, the Client shall

64、do all in his power to assist in:　　(i)the provision of documents necessary for entry, residence, work and exit;　　(ii)providing unobstructed access wherever it is required for t

65、he Services;　　(iii)import, export and custom clearance of personal effects and of goods required for the Services; 　　(iv)their repatriation in emergencies;

66、　　(v)the provision of the authorities necessary to permit the import of foreign currency by the Consultant for the Services and by his personnel for their personal use and to permit the export of money earned in the per

67、formance of the Services;　　(vi)providing access to other organizations for collection of information which is to be obtained by the Consultant.　　10.EQUIPMENT AND FACILITIES<

68、/p>　　The Client shall make available, free of cost, to the Consultant for the purpose of the Services the equipment and facilities described in Appendix B.　　11.CLIENT’S PERSONNEL</p

69、>　　In consultation with the Consultant, the Client shall at his cost arrange for the selection and provision of personnel in his employment to the Consultant in accordance with Appendix B. In connection wi

70、th the Services such personnel shall take instructions only from the Consultant.　　12.SERVICES OF OTHERS　　The Client shall at his cost arrange for the provision of services from

71、others as described in Appendix B, and the Consultant shall co-operate with the suppliers of such services but shall not be responsible for them or their performance.　　PERSONNEL<

72、;/p>　　13.SUPPLY OF PERSONNEL　　The personnel who are sent by the Consultant to work in the country of the Project shall have been physically examined and found fit for their assignments

73、, and their qualifications shall be acceptable to the Client.　　The personnel to be supplied by the Client in accordance with Clause 11 shall be acceptable to the Consultant.　　If

74、the Client cannot supply Client’s personnel or services of others for which he is responsible and it is agreed to be necessary for the satisfactory performance of the Services, the Consultant shall arrange for its supply

75、 as an Additional Service.　　14.REPRESENTATIVES　　For the administration of the Agreement, each party shall designate the official or individual to be his representative. </p&

76、gt;　　If required by the Client, the Consultant shall designate an individual to liaise with the Client’s representative in the country of the Project.　　15.CHANGES IN PERSONNEL

77、　　If it is necessary to replace any person, the party responsible for the appointment shall immediately arrange for replacement by a person of comparable competence.　　The cost of such replac

78、ement shall be borne by the party responsible for the appointment except that if the replacement is requested by the other party, 　　(i)such request shall be in writing stating the reason for it, and

79、　　(ii)the party making the request shall bear the cost of replacement unless misconduct or inability to perform satisfactorily is established as the reason.<h2>　　LIABILITY AND INSU

80、RANCE</h2>　　16.LIABILITY BETWEEN THE PARTIES　　16.1Liability of the Consultant.　　The Consultant shall only be liable to pay compensation to the Client arising o

81、ut of or in connection with the Agreement if a breach of Article 5.1 is established against him.　　16.2Liability of the Client.　　The Client shall be liable to the Consultant if a

82、 breach of his duty to the Consultant is established against the Client.　　16.3Compensation.　　If it is established that either party is liable to the other, compensation shall be

83、 payable only on the following terms:　　(i)Such compensation shall be limited to the amount of reasonably foreseeable loss and damage suffered as a result of such breaches, but not otherwise.</p&g

84、t;　　(ii)In any event, the amount of such compensation will be limited to the amount specified in Clause 18.1.　　(iii)If either party is considered to be liable jointly with third parties

85、to the other, the proportion of compensation payable by him shall be limited to that proportion of liability which is attributable to his breach.　　17.DURATION OF LIABILITY　　Neit

86、her the Client nor the Consultant shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on him before the expiry of the relevant period stated in the Particular C

87、onditions, or such earlier date as may be prescribed by law.　　18.LIMIT OF COMPENSATION AND INDEMNITY　　18.1Limit of Compensation.　　The maximum amount of com

88、pensation payable by either party to the other in respect of liability under Clause 16 is limited to the amount stated in the Particular Conditions. This limit is without prejudice to any Agreed Compensation specified u

89、nder Clause 31(ii) or otherwise imposed by the Agreement.　　Each party agrees to waive all claims against the other insofar as the aggregate of compensation which might otherwise be payable exceeds th

90、e maximum amount payable.　　If either party makes a claim for compensation against the other party and this is not established the claimant shall entirely reimburse the other for his costs incurred as

91、 a result of the claim.　　18.2Indemnity.　　So far as the applicable law permits, the Client shall indemnify the Consultant against the adverse effects of all claims including such

92、 claims by third parties which arise out of or in connection with the Agreement:　　(i)except insofar as they are covered by the insurance arranged under the terms of Clause 19.

93、(ii)made after the expiry of the period of liability referred to in Clause 17.　　18.3Exceptions.　　Clauses 18.1 and 18.2 do not apply to claims arising:　　(i)

94、from deliberate default or reckless misconduct, or　　(ii)otherwise than in connection with the performance of obligation under the Agreement.　　19.INSURANCE FOR LIABILITY AND IN

95、DEMNITY　　The Client can request in writing that the Consultant　　(i)insures against his liability under Clause 16.1,　　(ii)increases his insurance against li

96、ability under Clause 16.1 over that for which he was insured at the date of the Client’s first invitation to him for a proposal of the services,　　(iii)insures against public/third party liability,&l

97、t;/p>　　(iv)increases his insurance against public/third party liability over that for which he was insured at the date of the Client’s first invitation to him for a proposal for the services,&l

98、t;p>　　(v)effects other insurances.　　If so requested, the Consultant shall make all reasonable efforts to effect such insurance or increase in insurance with an insurer and on terms acceptable to

99、the Client.　　The cost of such insurance or increase in insurance shall be at the expense of the Client.　　20.INSURANCE OF CLIENT’S PROPERTY　　Unless otherwise

100、 requested by the Client in writing the Consultant shall make all reasonable efforts to insure on terms acceptable to the Client:　　(i)against loss or damage to the property of the Client supplied or

101、 paid for under Clause 6.　　(ii)against liabilities arising out of the use of such property.　　The cost of such insurance shall be at the expense of the Client.<p&g

102、t;　　COMMENCEMENT. COMPLETION. ALTERATION　　AND TERMINATION OF THE AGREEMENT　　21.AGREEMENT EFFECTIVE　　The Agreement is effective as of the date of receipt by

103、the Consultant of the Client’s Letter of Acceptance of the Consultant’s proposal or of the latest signature necessary to complete the Formal Agreement, if any, whichever is the later.　　22.COMMENCEME

104、NT AND COMPLETION　　The Services shall be commenced and completed at the times or within the periods stated in the Particular Conditions subject to extensions in accordance with the Agreement.</p&g

105、t;　　23.VARIATIONS　　The Agreement can be varied on application by either party by written agreement of the parties.　　24.FURTHER PROPOSALS　　If req

106、uested by the Client in writing, the Consultant shall submit proposals for altering the Services. The preparation and submission of such proposals shall be an Additional Service.　　25.DELAYS

107、;　　If the Services are impeded or delayed by the Client or his contractors so as to increase the amount or duration of the Services:　　(i)The Consultant shall inform the Client of the circ

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