This document is a subcontract agreement between PT. __________ and PT. __________ for plumbing and electrical work on a construction project. Key details include:
- The subcontractor will perform plumbing and electrical work within 5 months for a fixed price of IDR __________.
- Payment terms include a 20% advance payment, 80% monthly payments based on progress, and a 5% retention until the defect liability period ends.
- The subcontractor is responsible for taxes, permits, insurance, safety, and quality control. Liquidated damages may be charged for delays. Warranties and defect liability last 12 months.
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
Clause 14.2 Advance Payment-Understanding Clauses in FIDIC ‘Conditions of Con...Divyanshu Dayal
•Advance payment is an interest free loan to the contractor.
•Advance payment is only paid on fulfillment of certain conditions as stipulated in the clause on receipt of a statement of an interim payment, advance guarantee and performance security.
•Advance guarantee shall remain valid until the advance payment has not been completely repaid. This repayment is done through proportional deduction in the contract price or as stipulated in the particular conditions of the contract.
•Advance payment is also linked with taking over certificate, termination of the contract and force majeure.
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
Clause 14.2 Advance Payment-Understanding Clauses in FIDIC ‘Conditions of Con...Divyanshu Dayal
•Advance payment is an interest free loan to the contractor.
•Advance payment is only paid on fulfillment of certain conditions as stipulated in the clause on receipt of a statement of an interim payment, advance guarantee and performance security.
•Advance guarantee shall remain valid until the advance payment has not been completely repaid. This repayment is done through proportional deduction in the contract price or as stipulated in the particular conditions of the contract.
•Advance payment is also linked with taking over certificate, termination of the contract and force majeure.
The Second Edition of the Rainbow Suite is considerably longer, more detailed. The update addresses issues raised by users over the past 18 years and reflects current international best practice. The presentation analysis changes in Yellow & Silver Books as they apply to EPC & PPP Contracts from the perspectives of Public Entities, Contractors and Lenders.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Dealing With A Schedule That Cannot Be Approved - AACE 2012 MeetingChris Carson
Ideally all projects would have schedules submitted and approved, but sometimes the quality of the schedule prevents approval. This presentation suggests ways to deal with this situation, as well as ways to encourage approvable schedules.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
The Second Edition of the Rainbow Suite is considerably longer, more detailed. The update addresses issues raised by users over the past 18 years and reflects current international best practice. The presentation analysis changes in Yellow & Silver Books as they apply to EPC & PPP Contracts from the perspectives of Public Entities, Contractors and Lenders.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Dealing With A Schedule That Cannot Be Approved - AACE 2012 MeetingChris Carson
Ideally all projects would have schedules submitted and approved, but sometimes the quality of the schedule prevents approval. This presentation suggests ways to deal with this situation, as well as ways to encourage approvable schedules.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
VENDOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
CONTRACTOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
MANAGEMENT SERVICES AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Sample Independent Contractor AgreementThis Agreement is mad.docxrtodd599
Sample Independent Contractor Agreement
This Agreement is made between ____________________ ("Client") with a principal place of business at __________________ and _______________ ("Contractor"), with a principal place of business at ____________________________.
1. Services to Be Performed
Contractor agrees to perform the following services: _____________
OR
Contractor agrees to perform the services described in Exhibit A, which is attached to this Agreement.
2. Payment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor at the following rates: ____________________________.
Contractor shall be paid within a reasonable time after Contractor submits an invoice to Client. The invoice should include the following: an invoice number, the dates covered by the invoice, and a summary of the work performed.
3. Expenses
Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
OR
Client shall reimburse Contractor for the following expenses that are attributable directly to work performed under this Agreement: _________________.
Contractor shall submit an itemized statement of Contractor's expenses. Client shall pay Contractor within 30 days after receipt of each statement.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
5. Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
[Check all that apply]
[ ] Contractor has the right to perform services for others during the term of this Agreement.
[ ] Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
[ ] Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
[ ] Neither Contractor nor Contractor's employees or contract personnel shall be required to wear any uniforms provided by Client.
[ ] The services required by this Agreement shall be perfor.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Performance Security is in the amount as stated in particular conditions of the contract as a guarantee towards performance of the contractor.
•Performance Security is valid and enforceable until the contractor has executed and completed the works, remedied any defects and has become entitled to receive performance certificate after issue of performance certificate by the employer.
•Performance Security is also linked with failure by the contractor to pay the employer an amount due, as either agreed by the contractor or determined under employer’s claim, claims, disputes and arbitration and termination by employer.
Similar to Subcontract Agreement to Perform Building Work (Purchase this doc, Text: 08118887270 (Whatsapp)) (20)
Draft Perjanjian Ganti Rugi/Indemnity Agreement kami menyediakan solusi hukum komprehensif bagi individu atau entitas yang ingin mengamankan transaksi atau kerjasama mereka dari potensi risiko finansial dan legal. Perjanjian ini dirancang dengan kejelian untuk menawarkan perlindungan maksimal kepada pihak yang memindahkan risiko (Indemnitor) dan pihak yang dilindungi (Indemnitee).
Fitur Utama:
Ketentuan Jelas dan Mendetail: Meliputi semua aspek esensial dari perjanjian ganti rugi, termasuk definisi kerugian, prosedur klaim, dan mekanisme penyelesaian sengketa, untuk memastikan tidak ada keambiguan yang bisa menimbulkan konflik di kemudian hari.
Fleksibel dan Mudah Disesuaikan: Struktur perjanjian dirancang untuk memudahkan penyesuaian sesuai dengan kebutuhan spesifik transaksi atau kerjasama Anda, baik itu dalam konteks bisnis, konstruksi, properti, atau kegiatan lain yang melibatkan risiko finansial.
Klausul Perlindungan Komprehensif: Menyertakan klausul-klausul penting yang melindungi hak dan kewajiban kedua belah pihak, termasuk klausul mengenai ganti rugi, batasan tanggung jawab, dan pengecualian.
Penyelesaian Sengketa: Menawarkan mekanisme penyelesaian sengketa yang efektif, termasuk mediasi dan arbitrase, untuk menyelesaikan perselisihan dengan cara yang lebih efisien dan ekonomis.
Manfaat:
Perlindungan Finansial: Lindungi aset dan keuangan Anda dari klaim dan tuntutan hukum yang tidak terduga.
Ketentuan Legal yang Kuat: Dibuat oleh ahli hukum dengan pertimbangan aspek legal terkini, memastikan dokumen yang andal dan up-to-date.
Mengurangi Risiko: Mengidentifikasi, mengalokasikan, dan mengurangi risiko terkait dengan operasi bisnis Anda, memberikan ketenangan pikiran dalam menjalankan kegiatan usaha.
Kemudahan Penggunaan: Disertai dengan panduan penggunaan yang memudahkan Anda untuk mengimplementasikan dan menyesuaikan perjanjian sesuai kebutuhan.
Perjanjian Ganti Rugi/Indemnity Agreement kami adalah investasi hukum yang cerdas untuk melindungi bisnis dan kegiatan Anda dari risiko tidak terduga. Dengan draft ini, Anda dapat memfokuskan energi pada pengembangan bisnis sambil memastikan keamanan dan kestabilan finansial Anda terjaga.
Untuk beli perjanjian silahkan buka link di bawah ini:
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TEMPLATE PERJANJIAN KERJASAMA PENGEMBANGAN TEKNOLOGI DAN LAYANAN APLIKASI DIG...GLC
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Perjanjian Kerjasama Ekslusif Penanaman Modal dan Pendirian PT.docxGLC
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SPK-Pra survei-Kelapa Sawit-CLEAN DRAFT.docx.
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Draft perjanjian jual beli aset billingual - Gedung dan Tanah.
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Perjanjian pemberian hutang dan pengakuan hutang simple. Beli perjanjian ini melalui link ini:
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PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
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The slides was well structured along with the highlighted points for better understanding .
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. 2
SUBCONTRACT AGREEMENT
This SUBCONTRACT AGREEMENT (herein-after called “Subcontract”) is made and entered into
September ...th
,20_,_, by and between:
1. PT. ___________________, a limited liability company duly established and existing under the
laws of the Republic of Indonesia, having its address at ..........................................................,
(herein-after called “Contractor”); and
2. PT. ___________________, a limited liability company duly established and existing under the
laws of the Republic of Indonesia, having its address at ...............................................................,
(herein-after called “Subcontractor”).
The Contractor and the Subcontractor are collectively hereinafter referred to as the “Parties” and
separately as the “Party”.
WITNESSETH :
A. Whereas, the Contractor has engaged the Subcontractor to perform building work including but
not limited to plumbing work, electrical work (herein-after called “the Work”) for
the ................................ Project (hereinafter called “Project”).
B. Whereas, the Subcontractor has agreed to perform the Work for the Project under the terms and
conditions set for herein.
Now therefore, in consideration of the mutual promises and covenants contained herein, the Parties
hereto agree as follows :
1. Main Contract and Subcontract Documents
1.1 Subcontractor shall be deemed to have full knowledge of the provisions of this Subcontract.
1.2 The Subcontract documents consist of this Subcontract agreement and its attachments hereto
such as final Subcontract Cost including cost summary of this Subcontract, cost breakdown
sheet , Subcontractor’s proposal and drawings.
1.3 The terms and conditions of this Subcontract shall take priority over any other terms and
condition hereto attached.
3. 3
2. The Work by the Subcontractor
The Work to be performed by Subcontractor under this Subcontract is defined in item and quantity
of Subcontract price attached hereto. However, the item and quantity under this Subcontract will be
changeable.
3. Commencement and Completion
3.1 Subcontractor shall commence and complete The Work within this Subcontract period. This
Subcontract period is clearly defined as follows ;
- Total duration of this Subcontract is: 5 (five) Months after the signing date of this
Subcontract by the Parties.
3.2 Subcontractor shall be eligible to apply to the Contractor in writing for the Completion
Certificate of the Work performed.
3.3 Within fourteen (14) days after receipt of such application, Contractor shall respond to
Subcontractor in writing either by issuing such a completion certificate or by advising why
such application is not acceptable.
4. The Subcontract Price
4.1 Subcontractor shall consider that Subcontract price is fixed lump sum based on drawing and
scope of work provided in the bidding stage.
4.2 This Subcontract amount of the Work under this Subcontract type mentioned above is
IDR .......................,- (................................................................... Indonesian Rupiah) as full
compensation for the execution of the Work and fulfillment of all Subcontractor’s
obligations and responsibilities under this Subcontract.
4.3 This Subcontract price is detailed in the cost summary excluding VAT (10% of total
subcontract amount), cost breakdown sheet with unit rate attached hereto. Unit rates of this
Subcontract price shall be fixed and not subject to any escalation, any site variation and any
local situation for the duration of this Subcontract until the end of the Work.
4.4 Adjustment of Direct Cost
The Subcontract amount shall be re-adjusted and finalized in due course during performance
of the Work in accordance with final based on the final revised drawing “Approved For
Construction (AFC)” for in the following manner.
- Unit cost in direct cost breakdown sheet of subcontract price shall be firm and not be
subject to any change such as escalation or change of exchange rate.
- If new item and its relevant work occur, it will be valued with such the unit cost, which
has most similar nature of the work items in the original contract or its unit cost will be
negotiable in the proper way.
4.5 Adjustment of Indirect Cost
4. 4
The original indirect costs shall also be just re-adjusted in proportion for the variation
(excessive or deductive percent) of the finalized direct cost.
5. Terms ofPayment
5.1 Advance Payment for this Subcontract is twenty percent (20%) of total the Subcontract
amount and the Contractor will pay the advance payment within fifteen (15) days
commencing from the date of this Subcontract signed by the Parties. However,
Subcontractor shall submit insurer guarantee bond as stipulated in Article 9 paragraph 9.1 of
this Subcontract before the Contractor releases advance payment to the Subcontractor.
5.2 Amortization (or Repayment) according to advance payment shall be deducted from the
earned value (means approved interim payment) approved by Contractor.
5.3 Disbursement under this Subcontract
Eighty percent (80%) of total the Subcontract amount against the invoice approved by
Contractor and based on actual measured progress of every month will be paid to
Subcontractor under consideration of advance payment and payment retention.
5.4 Payment Retention
Contractor will reserve five percent (5%) of approved invoice for defect liability. and then
Contractor will pay the reserved amount within thirty (30) days after the end of defect
liability period.
However, if Subcontractor submits the insurance guarantee bond of ten percent (10%) of
total Subcontract amount for Defect Liability to the Contractor in accordance with final
Subcontract amount under the condition, then Subcontractor can request a payment for the
retention money of the Work. Then Contractor will pay the retention amount within thirty
(30) days through review of the guarantee from the date received the request letter by
Subcontractor.
5.5 All payment will be transferred in Indonesian Rupiah by telegraphic bank system within
fifteen (15) calendar days commencing from the invoice date. In this regard, Subcontractor
shall submit VAT application “Faktur Pajak Standar” for the payment amount approved and
confirmed by Contractor under Indonesian taxation. Therefore, Subcontractor shall be
confirmed the amount for the progressed payment from Contractor prior to submission of
VATApplication “Faktur Pajak Standar” during performance of the Work.
5.6 Subcontractor shall submit an application document (formal letter, application for payment)
for Interim Progress Payment with supporting document (detailed progress measurement,
cost breakdown sheet, etc.) to the Contractor.
5.7 When completion of the Work, Subcontractor shall submit a document stating its service
performance with its supporting document and its work completion report including
execution, safety and quality control of the Work to the Contractor.
5.8 Contractor will pay the settled final amount to Subcontractor within thirty (30) days
5. 5
commencing from the approval date of Subcontractor’s final invoice.
5.9 All invoice made by Subcontractor shall be submitted in two (2) original copies by hand-
carry.
6. Taxes and Duties
Subcontractor shall be responsible for all of taxes, duties for the Work under Indonesian laws and
regulations. Also, the followings shall be emphasized and shall be paid by Subcontractor when due
and payable, all deemed to be included in this Subcontract.
6.1 All or any taxes and duties imposed wherever or to whoever by reason of the Work
undertaken by Subcontractor including, but not limited to, all sales, exercise, storage,
consumption and use of taxes, license, permit and registration, commission, income, profit,
franchise corporate and personal property tax.
6.2 All employment taxes and contribution imposed by local laws or regulations, with respect to
or measured by compensation (wages, salaries, or others) paid to employees of
Subcontractor related to the Work, but not limited to, taxes and contribution for various
legally required compensation, insurance, fund and the like.
6.3 Subcontractor shall apparently defend and shall apparently indemnify Contractor from any
liability resulting from the failure or delay by Subcontractor in making any payment required
to be made by Subcontractor in accordance with taxes and duties conditions hereof.
6.4 Subcontractor shall pay withholding tax under this Subcontract. However, in this case,
withholding tax under this Subcontract shall be paid by the Contractor to tax office of
Indonesia on behalf of the Subcontractor.
7. Delay Penalty and Liquidated Damages
7.1 In the event that progress on any work is significantly delayed in comparison with the
schedule, Subcontractor shall immediately and without any additional cost from Contractor
take all necessary measures including required plan to remedy and to catch up such
deficiency.
7.2 Subcontractor’s liability for every delayed day from the date of the Work completion clearly
stated under this Subcontract and for liquidated damages due to non-achievement of the
performance shall be zero point three percent (0.3%) of total Subcontract amount per day.
However, in aggregate not to exceed ten percent (10%) of total Subcontract amount.
Contractor will, absolutely and without prejudice to any other method of recovery, deduct
the amount valued for such damages from any monies due to Subcontractor.
8. Insurance
Subcontractor shall be responsible for all of insurances related to the Work under Indonesian laws
and regulations except insurance of erection all risk (EAR). Also, the followings shall be
6. 6
emphasized and shall be paid by the Subcontractor when due and payable, all deemed to be
included in this Subcontract.
8.1 Workmen’s Compensation Insurance
Subcontractor, during the execution of the Work, shall obtain and maintain workman’s
compensation insurance for his employee(s) in accordance with all of Indonesian regulations
and laws.
8.2 Automobiles
Subcontractor, during the performance of the Work shall obtain and maintain automobiles
injury and property liability insurance, covering automobiles owned or hired by the
Subcontractor in accordance with all of Indonesian regulations and laws.
9. Guarantee
9.1 Subcontractor shall provide an Insurer Guarantee bond of Advance Payment for twenty
percent (20%) of total Subcontract amount within fifteen (15) days after the date of this
Subcontract signed by the Parties.
9.2 Within fifteen (15) days after signing of this Subcontract, the Subcontractor shall provide a
“Performance Guarantee” for the due and faithful performance of this Subcontract in the
amount equal to ten percent (10%) of total Subcontract amount covering the Work period.
9.3 The performance guarantee shall be drawn from the Insurer acceptable to the Contractor
and/or from the guarantor classified into first grade insurer in Indonesia.
10. Safety, Environment and Health Hygienic
Subcontractor shall be responsible for all of safety activities, environmental activities and health
hygienic activities during the performance of the Work.
In this regard, the followings shall especially be emphasized ;
- Subcontractor shall provide all of safety facilities and protection gears for the Work and
Subcontractor’s personnel satisfying all regulations above mentioned.
- Also, Subcontractor shall furnish any other provisions to protect existing facilities closed
to all working areas of the Work and the properties of third parties in compliance with
Contractor, local government and/or local community.
- All of the cost including expenses shall be borne by Subcontractor and all of the cost has
been included in this Subcontract.
11. Quality Control
Subcontractor shall maintain work quality according to terms and conditions of general condition
and specification of the Project and Subcontractor shall also be responsible for quality assurance of
the Work.
7. 7
12. Termination
12.1 If for any reason, the Contractor’s employment under the Work is terminated (whether by
Contractor or by employer (Owner) and whether due go any default of Contractor or
otherwise), then the employment of Subcontractor under this Subcontract shall thereupon
also be terminated.
12.2 Contractor shall have the right to terminate the Work in progress and to cancel this
Subcontract, if the Subcontractor failed to carry out his services and obligations under this
Subcontract and its attachment.
12.3 In the event the Contractor terminates this Subcontract, the Subcontractor shall return any
and all payment which has been paid by the Contractor to the Subcontractor and/or the
Contractor has the right to automatically call and request of the guarantee bond of advance
payment, the performance bond and/or the guarantee bond for defect liability (if any).
12.4 The Parties hereby waive Article 1266 of Indonesian Civil Code in relation to the
termination of this Subcontract.
13. Defect Liability
In the event that the Contractor notifies Subcontractor of any defects in the Work within defect
liability period, the Subcontractor shall carry out all of necessary works to correct any defects in the
Work arising from any default of Subcontractor.
Defect liability shall remain valid and in full effect under satisfying all of following conditions:
- Twelve (12) months from the completion date of the Work certified by the Contractor.
14. Language and Units
All documents, drawings and other writings under this Subcontract shall be in English unless
otherwise expressly agreed upon. All measurement generally shall be recorded in metric system.
15. Non-disclosure ofInformation
Subcontractor hereby agrees that the contents of this Subcontract including contract condition,
drawing, specification, exact location and all other data required in and pertinent to the
implementation of the Subcontract shall not be communicated or disclosed to any third party who is
not directly related to the Work without prior written permission of Contractor.
16. Variation ofThe Work
Subcontractor shall not be approved of any variation in the Work under this Subcontract unless
otherwise agreed by the Parties. In this regard, Contractor will approve the Work variation through
authorization processing with all of the following personnel’s signatures :
- Construction Manager; and/or
- Work supervisor in charge of the work; and/or
8. 8
- Construction superintendent; and/or
- Field control manager.
17. Approval
Technical and non-technical documents to be prepared under this Subcontract shall be subject to the
approval of the Contractor.
However, even though any technical documents have been approved, the Contractor will not relieve
the Subcontractor for omission or other defects described in above mentioned documents or
drawings, which are disclosed after such approval.
18. Validity of the Subcontract
This Subcontract shall come into effect on the date of signing by both Parties hereto and shall
remain in full force until all responsibilities under the terms and conditions of this Subcontract are
discharge.
19. Modification ofSubcontract
This Subcontractor may amend or modify by mutual agreement between the Parties hereto. All
such amendment or modification shall be in writing signed by the duly authorized representative of
the Parties hereto.
20. Governing Lawand Settlement ofDisputes
20.1. The governing law of this Subcontract and of the relations of the Parties arising from it
shall be the laws of the Republic of Indonesia.
20.2. Any dispute arising out or in relation to this Subcontract shall be settled with amicably by
the Parties.
20.3. In the event the Parties deadlock on such disputes then the Parties agree to settle such
dispute in the Court of South Jakarta.
21. Miscellaneous
21.1. The Subcontractor shall not assign, transfer, or otherwise convey its’ obligations hereunder
in whole or in part to any individual, firm, corporation, other entity or any other party
without the prior written consent of the Contractor. In the event the Contractor accepted
such assignment, transfer and/or conveyance, the relevant assignee and/or transferee (if
any) shall be bound by and fulfill the obligations or duties as stipulated in the Subcontract.
21.2. Any and all attachments, appendixes, addendum, and/or amendment to the Subcontract
and/or any documents referred herein and/or any specification as agreed by the Parties from
time to time (if any) shall be regarded as an integral and inseparable part of this Subcontract.
21.3. Matters that have not been regulated or insufficiently provided in this Subcontract and/or
any documents referred herein, will be discussed in good faith by the Parties and will be set
9. 9
out in a written document that will be signed by the Parties.
21.4. This Subcontract and/or any documents referred herein and/or any specification as agreed
by the Parties from time to time (if any) constitutes the entire agreement between the
Parties with respect to the subject matter hereof and cancels and supersedes any prior
understandings and agreement between the Parties with respect thereto.
21.5. In the event that any provision or part of a provision in this Subcontract and/or any
documents referred herein and/or any specification as agreed by the Parties from time to
time (if any) shall for any reason be determined by any court or arbitral tribunal to be illegal,
invalid or unenforceable, then the Subcontract and/or any documents referred herein shall
not be affected and/or the remaining provisions and other parts of the provision shall not be
affected, impaired or invalidated and shall remain in full force and effect and shall continue
to be binding upon the Parties. The Parties shall, in any such event, agree on new
provision(s) that would replace such provision(s).
21.6. The Subcontract is an independent contractor to the Contractor and this Subcontractor does
not create any agency, joint venture or partnership between the Parties. The Subcontractor is
and shall be the sole employer and principal of each person which performing the Work on
behalf of the Contractor, and the Subcontractor shall be obligated to perform all
requirements of an employer under all applicable laws. The Subcontractor shall not impose
or create any obligation or liability of any kind, express or implied, or make any contracts,
promises, representations or warranties on behalf of or in the name of the Contractor, or to
enter into any obligation binding upon the Contractor.
21.7. Without prejudice to any other rights and remedies which the Contractor may has under the
applicable law, any breach to the provisions of this Subcontract that conducted by the
Subcontractor shall gives the Contractor the right to claims, demands, suits, actions,
proceeds and/or prosecutes the Subcontractor for any damages, losses, costs and/or
expenses which incurred by the Contractor, and/or to claim indemnity instead of
performance to the Subcontractor, as the result of or in connection with such breach.
Each of the undersigned (i) represents that it has read this Subcontract, and understands its English
language contents and its consequences, (ii) represents that it has made and entered into this
Subcontract freely and without duress, (iii) represents that it has received independent legal advice with
regard to this Subcontract, and (iv) undertakes that it will not challenge the validity of this Subcontract
based on any failure to comply with Law 24 or the implementing Presidential Regulation.
Setiap penandatangan dengan ini (i) menyatakan bahwa pihaknya telah membaca Subkontrak ini, dan
memahami isinya yang dibuat dalam Bahasa Inggris dan akibat Subkontrak ini, (ii) menyatakan bahwa
pihaknya telah membuat dan menandatangani Subkontrak ini secara sukarela tanpa adanya paksaan,
10. 10
(iii) menyatakan bahwa pihaknya telah menerima nasihat oleh penasihat hukum independen berkenaan
dengan Subkontrak ini dan (iv) berjanji bahwa pihaknya tidak akan menolak keabsahan Subkontrak ini
atas dasar tidak ditaatinya Undang-undang No 24 atau Peraturan Presiden pelaksanaannya.
IN WITNESS WHEREOF, the Parties hereto have made this Subcontract on the day and year
specified above.
Signed and delivered for and on behalf of
PT ___________________
__________________________________
Name : _________________
Title : PRESIDENT DIRECTOR
Signed and delivered for and on behalf of
PT ___________________
________________________________________
Name : .....................................
Title : .....................................
Attachment)
1) Subcontract Cost including Cost Breakdown
2) Construction Drawings
3) Master Schedule