Common use of GENERAL CONDITIONS Clause in Contracts

GENERAL CONDITIONS. Definitions and interpretations Definitions 1.1 In construing the Contract the following words and expressions shall have the following meanings hereby assigned to them. 1.1.a Purchaser' means the person named as such in the Special Conditions and the legal successors in title to the Purchaser but not (except with the consent of the Contractor) any assignee of the Purchaser. 1.1.b Contractor' means the tenderer whose Tender has been accepted by the Purchaser and the legal successors in title to the Contractor but not any assignee of the Contractor. 1.1.c Sub-Contractor' means any person (other than the Contractor) named in the Contract for the supply of any part of the Works or any person to whom any part of the Contract has been sub-let with the consent of the Engineer, and the Sub-Contractor's legal successors in title, but not any assignee of the Sub-Contractor. 1.1.d Engineer' means the person appointed by the Purchaser to act as Engineer for the purposes of the Contract and designated as such in the Special Conditions or, in default of any appointment, the Purchaser. 1.1.e Engineer's Representative' means any assistant of the Engineer appointed from time to time to perform the duties delegated to him under clause 2 (Engineer and engineer's representative) hereof. 1.1.f Conditions' means these general conditions and the Special Conditions. 1.1.g Contract' means the agreement between the Purchaser and the Contractor (howsoever made) for the execution of the Works including the Letter of Acceptance, the Conditions, the Specification and the drawings (if any) annexed thereto, and such schedules as are referred to therein and the Tender. 1.1.h Contract Price' means the sum stated in the Contract as the price payable to the Contractor for the execution of the Works. 1.1.i Contract Value' means such part of the Contract Price, adjusted to give effect to such additions or deductions as are provided for in the Contract, other than under sub-clause 6.2 (Labour, materials and transport), as is properly apportionable to the Plant or work in question. In determining Contract Value the state, condition and topographical location of the Plant, the amount of work done and all other relevant circumstances shall be taken into account. 1.1.j Cost' means all expenses and costs incurred including overhead and financing charges properly allocable thereto with no allowance for profit. 1.1.k Tender' means the Contractor's priced offer to the Purchaser for the execution of the Works. 1.1.l Letter of Acceptance' means the formal acceptance by the Purchaser of the Tender incorporating any amendments or variations to the Tender agreed by the Purchaser and Contractor. 1.1.m Time for Completion' means the period of time for completion of the Works or any Section thereof as stated in the Contract or as extended under sub-clause 33.1 (Extension of time for completion) calculated from whichever is the later of: (a) the date specified in the Contract as the date for commencement of the Works; (b) the date of receipt of such payment in advance of the commencement of the Works as may be specified in the Contract; (c) the date on which any necessary legal, financial or administrative requirements specified in the Contract as conditions precedent to commencement have been fulfilled. 1.1.n Contractor’s Equipment' means all appliances or things of whatsoever nature required for the purposes of the Works but does not include Plant, materials or other things intended to form or forming part of the Works. 1.1.o Plant' means machinery, computer hardware and software, apparatus, materials, articles and things of all kinds to be provided under the Contract other than Contractor’s Equipment. 1.1.p Works' means all Plant (Equipment) to be provided and work to be done by the Contractor under the Contract. 1.1.q Section of the Works' or 'Section' means the parts into which the Works are divided by the Specification. 1.1.r Programme' means the programme referred to in clause 14 (Programme). 1. 1.s 'Specification' means the Technical specification of the Works annexed to or included in the Contract including any modifications thereof made under clause 27 (Variations). 1.1.t Special Conditions' means the alterations to these general conditions and such further conditions as may be specified and identified as the Special Conditions in the Contract. 1. 1.u 'Site' means the actual place or places, provided or made available by the Purchaser, to which Plant is to be delivered or at which work is to be done by the Contractor, together with so much of the area surrounding the same as the Contractor shall with the consent of the Purchaser actually use in connection with the Works otherwise than merely for the purposes of access. 1.1.v Tests on Completion' means the tests specified in the Contract (or otherwise agreed by the Purchaser and the Contractor) which are to be made by the Contractor upon completion of erection and/or installation before the Works are taken over by the Purchaser. 1.1.w Performance Tests' means the tests (if any) detailed in the Specification or in a performance tests schedule otherwise agreed between the Purchaser and the Contractor, to be made after the Works have been taken over to demonstrate the performance of the Works. 1.1.x Defects Liability Period' has the meaning assigned by sub-clause 36.1 (Defects after taking-over). 1.1.y Purchaser’s Risks' has the meaning assigned by clause 45 (Purchaser’s risks). 1.1.z Force Majeure' has the meaning assigned by sub-clause 46.1 (Force majeure). Interpretation 1.2 Words importing persons or parties shall include firms, corporations and any organisation having legal capacity.

GENERAL CONDITIONS. Definitions and interpretations Definitions 1.1 In construing the Contract the following words and expressions shall have the following meanings hereby assigned to them. 1.1.a Purchaser' means the person named as such in the Special Conditions and the legal successors in title to the Purchaser but not (except with the consent of the Contractor) any assignee of the Purchaser. 1.1.b Contractor' means the tenderer whose Tender has been accepted by the Purchaser and the legal successors in title to the Contractor but not any assignee of the Contractor. 1.1.c Sub-Contractor' means any person (other than the Contractor) named in the Contract for the supply of any part of the Works or any person to whom any part of the Contract has been sub-let with the consent of the Engineer, and the Sub-Contractor's legal successors in title, but not any assignee of the Sub-Contractor. 1.1.d Engineer' means the person appointed by the Purchaser to act as Engineer for the purposes of the Contract and designated as such in the Special Conditions or, in default of any appointment, the Purchaser. 1.1.e Engineer's Representative' means any assistant of the Engineer appointed from time to time to perform the duties delegated to him under clause 2 (Engineer and engineer's representative) hereof. 1.1.f Conditions' means these general conditions and the Special Conditions. 1.1.g Contract' means the agreement between the Purchaser and the Contractor (howsoever made) for the execution of the Works including the Letter of Acceptance, the Conditions, the Specification and the drawings (if any) annexed thereto, thereto and such schedules as are referred to therein and the Tender. 1.1.h Contract Price' means the sum stated in the Contract as the price payable to the Contractor for the execution of the Works. 1.1.i Contract Value' means such part of the Contract Price, adjusted to give effect to such additions or deductions as are provided for in the Contract, other than under sub-clause 6.2 (Labour, materials and transport), as is properly apportionable to the Plant or work in question. In determining Contract Value the state, condition and topographical location of the Plant, the amount of work done and all other relevant circumstances shall be taken into account. 1.1.j Cost' means all expenses and costs incurred including overhead and financing charges properly allocable thereto with no allowance for profit. 1.1.k Tender' means the Contractor's priced offer to the Purchaser for the execution of the Works. 1.1.l Letter of Acceptance' means the formal acceptance by the Purchaser of the Tender incorporating any amendments or variations to the Tender agreed by the Purchaser and Contractor. 1.1.m Time for Completion' means the period of time for completion of the Works or any Section thereof as stated in the Contract or as extended under sub-clause 33.1 (Extension of time for completion) calculated from whichever is the later of: (a) the date specified in the Contract as the date for commencement of the Works; (b) the date of receipt of such payment in advance of the commencement of the Works as may be specified in the Contract; (c) the date on which any necessary legal, financial or administrative requirements specified in the Contract as conditions precedent to commencement have been fulfilled. 1.1.n Contractor’s Equipment' means all appliances or things of whatsoever nature required for the purposes of the Works but does not include Plant, materials or other things intended to form or forming part of the Works. 1.1.o Plant' means machinery, computer hardware and software, apparatus, materials, articles and things of all kinds to be provided under the Contract other than Contractor’s Equipment. 1.1.p Works' means all Plant (Equipment) Plant- MHC cranes to be provided and work to be done by the Contractor under the Contract. 1.1.q Section of the Works' or 'Section' means the parts into which the Works are divided by the Specification. 1.1.r Programme' means the programme referred to in clause 14 (Programme). 1. 1.s 'Specification' means the Technical specification of the Works annexed to or included in the Contract including any modifications thereof made under clause 27 (Variations). 1.1.t Special Conditions' means the alterations to these general conditions and such further conditions as may be specified and identified as the Special Conditions in the Contract. 1. 1.u 'Site' means the actual place or places, provided or made available by the Purchaser, to which Plant is to be delivered or at which work is to be done by the Contractor, together with so much of the area surrounding the same as the Contractor shall with the consent of the Purchaser actually use in connection with the Works otherwise than merely for the purposes of access. 1.1.v Tests on Completion' means the tests specified in the Contract (or otherwise agreed by the Purchaser and the Contractor) which are to be made by the Contractor upon completion of erection and/or installation before the Works are taken over by the Purchaser. 1.1.w Performance Tests' means the tests (if any) detailed in the Specification or in a performance tests schedule otherwise agreed between the Purchaser and the Contractor, to be made after the Works have been taken over to demonstrate the performance of the Works. 1.1.x Defects Liability Period' has the meaning assigned by sub-clause 36.1 (Defects after taking-over). 1.1.y Purchaser’s Risks' has the meaning assigned by clause 45 (Purchaser’s risks). 1.1.z Force Majeure' has the meaning assigned by sub-clause 46.1 (Force majeure). Interpretation. 1.2 Words importing persons or parties shall include firms, corporations and any organisation having legal capacity.