Volvo 3S Centre
CONDITIONS OF CONTRACT
Volvo 3S - Tender
CONDITIONS OF CONTRACT
The Conditions of Contract shall be the "General Conditions" of the "Conditions of Contract for
EPCrrurnkey Projects" First Edition 1999 published by the Federation Internationale des Ingenieurs
Conseils (FIDIC)
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Volvo 3S Centre
PARTICULAR CONDITIONS
Volvo 35 - Tender
Volvo 3S Centre
PARTICULAR CONDITIONS
This "Particular Conditions" form an integral part of the Conditions of Contract and shall be read in
conjunction with the "General Conditions" which are the "Conditions of Contract for EPClTurnkey Project"
First Edition 1999 published by the Federation Internationale des Ingenieurs Conseils (FIDIC). Where any
ambiguity, discrepancy or conflict arises between these "Particular Conditions" and the "General
Conditions", the "Particular Conditions" shall take precedence and prevail.
The following "Particular Conditions" include amendments and additions to such "General Conditions".
1.0
Sub-Clause 1.1 - Definitions
1.1
Clause 1.1.3.3 - Time for Completion [Page 2]
Replace the whole clause with:
The date of completion of the Works or a section (as the case may be) under Sub-Clause
8.2 shall be as that stated in the Contract Agreement.
The date of completion is subject to extension as under Sub-Clause 8.4 [Extension of
Time for Completion].
1.2
Sub-Clause 1.1.3.7 - Defects Notification Period [Page 2J
The defects notification period shall be 365 days.
2.0
NEW Sub-Clause 1.2A - Profit [Page 5]
In these Conditions, provisions including the expression "Cost plus reasonable profit" require this
profit to be calculated at the percentage prescribed in the build up of the Contract Sum.
3.0
Sub-Clause 1.3 - Communication [Page 5]
Electronic communication shall be via system agreed between the Employer and Contractor.
4.0
Sub-Clause 1.4 - Laws and language [Page 5]
The law which will govern this Contract shall be the law of Thailand.
The language of communication shall be in English.
5.0
Sub-Clause 1.5 - Priority of document [Page 5]
Replace the whole sub-clause with:
The documents (including but not limited to design brief, specification, tender drawings, bills of
quantities, letter of award and other documents or materials) are mutually explanatory.
Wherever there is ambiguity or discrepancy in the documents, the interpretation from the
Employer or its representatives should be binding final and conclusive.
6.0
Sub-Clause 1.8 - Care and Supply of Document [Page 6]
First paragraph:
Line 3 - Replace "six" with "two".
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Volvo 3S Centre
PARTICULAR CONDITIONS
7.0
Sub-Clause 1.13 -'Compliance with Laws [Page 71
Add sub paragraph (C) :
(C)
The Contractor is responsible to process the application to obtain EIA or equivalent
approval and building permit.
It is explicitly agreed that no guarantee will be given by the Contractor that such approval
and permit will be granted by the Authority. The Contractor will not be held responsible for
any consequences whatsoever resulting therefrom.
The Contract will be void and ineffective if such approval and permit cannot be obtained.
The Contractor will then be com pensated for all costs and expenses that the Contractor
has incurred for the Contract including but not limited to design fees and cost of works
executed plus reasonable profit.
All cost and expenses in association with the obtaining of such approval and permit will be
borne by the Contractor and included in the Contract Sum.
8.0
Sub-Clause 2.2 - Permits, Licenses or Approval [Page 8]
The clause is deleted.
9.0
Sub-Clause 2.4 Employer's Financial Arrangements [Page 8]
The clause is deleted.
10.0
Sub-Clause 3.5 Determination [Page 10]
Second paragraph:
Replace the last sentence:
Either Party may then refer the dispute to Arbitration in accordance with Sub-Clause 20.6
[Arbitration].
11.0
Sub-Clause 4.2 - Performance Security [Page 11 J
Second paragraph:
Delete "annexed to the Particular conditions or in another form".
Third paragraph:
Delete from first sentence "and remedied any defects".
Replace in second sentence "Performance Certificate" with "Taking Over Certificate".
Delete from second sentence "and any defects have been remedied",
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Volvo 3S Centre
PARTICULAR CONDITIONS
12.0
Sub-Clause 4.21 - Progress Report [Page 16]
First paragraph:
Line 2 - Replace "six" with "two"
13.0
Sub-Clause 7.7 - Ownership of Plant and Material [Page 24]
Replace this sub-clause with:
"Each item of Plant and Materials shall become the property of the Employer when the Contractor
has been paid in full the cost of such Plant and MateriaL"
14.0
Sub-Clause 8.3 - Programme [Page 25]
Replace sub-paragraphs (a) to (d) with:
15.0
(a)
the order in which the Contractor intends to carry out the Works, including the anticipated
timing of each stage of design, Contractor's Documents, procurement, manufacture,
inspection, delivery to Site, construction, erection, testing, commissioning and trial
operation,
(b)
the periods for reviews under Sub-Clause 5.2 [Contractor's Documents] and for any other
submissions, approvals and consents specified in the Employer's Requirements,
(c)
The sequence and timing of inspections and tests specified in the Contract, and
(d)
A supporting report which includes:
(i)
a general description of the methods which the Contractor intends to adopt, and
of the major stages, in the execution of the Works, and
(ii)
details showing the Contractor's reasonable estimate of the number of each class
of Contractor's Personnel and of each type of Contractor's Equipment, required
on the Site for each major stage.
Sub-Clause 13.8 Adjustment for changes in Cost [page 36]
Replace the sub-clause with:
"The Contract Price shall not be adjusted for rises or falls in the cost of Labour, Goods and other
inputs to the Works.
16.0
Sub-Clause 14.3 - Application for Interim Payment [Page 37/38]
First paragraph:
Replace "six" with "two".
17.0
Sub-Clause 14.4 - Schedule of payment [Page 38]
This sub-Clause is deleted.
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PARTICULAR CONDITIONS
18.0
Sub-Clause 14.7 - Timing of Payments [Page 39]
Sub-paragraph (a)
Change "42 days" (line1) to "30 days"
Change "21 days" (line 2) to "14 days"
Sub-paragraph (b)
Change "56 days" (line 1) to "30 days"
Sub-paragraph (c)
Change "42 days (line 1) to "30 days"
19.0
Sub-Clause 14.10 - Statement at Completion [Page 40]
First paragraph:
Replace "six" with "two"
20.0
Sub-Clause 14.11 -Application for Final Payment [Page 40J
First paragraph:
Replace "six" with "two"
Third paragraph:
Delete "Under Sub-Clause 20.4 [obtaining Dispute Adjudication Board's Decision] or"
21.0
Sub-Clause 14.15 - Currencies of Payment [Page 41]
Replace the clause with
"The Contract Price shall be paid in Thai Baht."
22.0
Sub-Clause 16.2 - Termination by Contractor [Page 44]
Sub paragraph (a) :
Change "42 days" to "30 days"
Sub paragraph (b) :
Change "42 days" to "30 days"
23.0
Sub-Clause 20.2 - Appointment of the Dispute Adjudicate Board [Page 53/54]
The sub-clause is deleted.
24.0
Sub-clause 20.3 - Failure to Agree Dispute Adjudicate Board [Page 54]
The sub-clause is deleted.
25.0
Sub-Clause 20.4 - Obtaining Dispute Adjustication Board's Decision [Page 54/55]
This sub-clause is deleted
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Volvo 3S Centre
PARTICULAR CONDITIONS
26.0
Sub-Clause 20.5 Amicable settlement [Page 55]
Replace with :
Whenever there are disputes or disagreements during the course of the Contract, both Parties
shall attempt to settle the disputes amicably before the commencement of Arbitration
27.0
Sub-Clause 20.6 – Arbitration [Page 55/56]
First paragraph :
Replace with :
“Unless otherwise agreed by both Parties, the disputes shall finally be settled by arbitration in
accordance with the Arbitration Rules of the Arbitration Institute, Ministry of Justice Rules of
Arbitration of the Singapore International Arbitration Centre applicable at the time of
submission of the dispute to arbitration, and the conduct of the arbitration thereof shall be in
English and under the auspices of the Arbitration Institute Singapore International Arbitration
Centre.
The award of the arbitration shall be final and binding upon the parties, The arbitration
proceedings, including the making of the award, shall take place in Singapore.
Second paragraph :
Line 2/3 – Delete “and any decision of the DAB”
Third paragraph :
Delete the whole paragraph.
Fourth paragraph
Line 2 – Delete “and the DAB”.
28.0
Sub-Clause 20.7 – Failure to comply with Dispute Adjudication Board’s Decision [Page 56]
The sub-clause is deleted.
29.0
Sub-Clause 20.8 – Expiry of Dispute Adjudication Board’s Appointment [Page 56]
The sub-clause is deleted.
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