Party A:
Risk clew:
The person that send a package perhaps sends packet of unit to investigate qualification of contractor main body, should note the following respects:
(1) the enterprise form that examines a contractor, if the contractor is business of individual, partnership, or it is an individual solely invested enterprise, by active law code general cannot sign construction project to contract contract.
(2) examine contractor company to whether have construction company aptitude, whether does aptitude grade suit with the construction project phase of the contract. Press " building law " regulation, the person sending a package that the project hair bag gives the building that does not have corresponding aptitude the company also should assume legal responsibility. At the same time combine contracts, according to aptitude grade the business license limits of small unit contracts to do a job project.
(3) examine a contractor to whether exist " hang lean " circumstance, "Hang lean " bring about a contract to disable.
The person that send a package adds up to ibid to ought to notice aptitude of contractor of examine and verify in autograph construction construction, whether to exist surpass the case such as aptitude, avoid a contract to disable.
Party B:
To carry out " safety first, precaution is given priority to " guiding principle, make clear bilateral safe responsibility, ensure construction go-between body, electrified wire netting and facilities are safe, concern legal laws and regulations according to the country, classics both sides talks things over to sign this agreement consistently.
Project of the first project:
The 2nd uses building site site:
Responsibility of safety of the 3rd Party A:
1, the Party A before start working has put all one's card on the table of construction security technology to Party B, due and written record or data.
2, Party A should ask Party B makes construction safety precaution, before beginning construction newspaper Party A puts on record.
3, Party A has hand Party B does well safe production, fire prevention management and supervise and urge the obligation of the examination. Party A has authority examination to supervise and urge the working provision that Party B implements respect of concerned safe production, the behavior that does not accord with safe and civilized construction to Party B undertakes checking, correct and give out safety to rectify and reform advice note, till Qing Dynasty is retreated,come on the stage.
4, the job that Party A assign Comrade _____ is in charge of contacting safe production respect with Party B.
5, Party A is in charge of signing and issue working ticket, the safety precaution that fills in to working ticket place is complete responsible, fulfill working ticket to allow procedure.
6, the personnel that Party A has authority to participate in construction to Party B undertakes safe technology knowledge and secure work rules smoke one's deceased father.
7, accident of the Party A electrified wire netting that Party B produces in construction, equipment, responsible responsible investigation, statistic reports Party A. If produce the State Council,Party B is in in construction " of short duration of order of investigation of special grave accident sets all right " sets especially big accident, party A has authority to supervise and urge Party B informs place of government and public security branch instantly, the requirement sends a person to protect the spot; authority asks Party B offers an accident to investigate written conclusion and processing opinion.
8, Party A must not ask Party B disobeys safety government regulation to undertake construction. The accident that causes because of Party A reason assumes responsibility by Party A.
9, produce shutdown of the following circumstance to rectify, the responsibility of breach of contract that creates because of shutdown assumes by Party B:
(1) person casualty accidents;
(2) produce construction machinery, production advocate equipment is serious damage accident;
(3) produce accident of the fire inside the factory;
(4) produce exercise of violate the rules and regulations, venture operation not to listen to an advice;
(5) construction site is dirty, random, poor, cannot satisfy safety and civilized construction requirement.
Risk clew:
If one party existence perhaps disobeys above regulation disobeys what safety of etc of fire control, public security sets, its behavior affects another normal production badly to manage those who reach safety administration job to begin, both sides can agree accordingly responsibility of breach of contract, so that produce action of break a contact, can go to the lavatory quite carry out.
Responsibility of safety of the 4th Party B
Party B regards a project as the project contract unit, to the person that produces in engineering construction process accident of harm, equipment breakdown assumes safe responsibility. Party B should cogent perform the following and safe duty:
1, Party B place offers contract the relevant aptitude that the project asks proves material to answer true, lawful, effective.
2, the legal laws and regulations that Party B must carry out executive country to concern safe production, must make corresponding safety management system; Carry out strictly " rules of work of electric job security " , " electric power builds secure work rules " , " Fire Code of power facilities model " wait for concerned electric power to produce regulations and Party A to set about safe production of etc of working ticket system, system.
3, spot construction should abide by country and place about labor safety, the service uses labor law laws and regulations and regulations system, make sure its use the lawful sex of labour. Party B must concern a provision by the country, undertake for construction personnel person is sure, deploy eligible labor protective equipment, safe appliance.
4, during construction, party B should set full-time to bring inspect staff, (little at 30 people person set a concurrent post) . Party B assign regards secure job as the contact.
Risk clew:
Construction site case is complex, building site of some a construction, the unit distributing a packet that can at the same time a few differ is in construction, accordingly, be aimed at safe production for, should be subject to to always contract namely the safe production management of the unit, include to make system of safety production spend, abide by relevant regulations system and operation to wait.
In the meantime, hair bag square with contract the safe responsibility of square both sides also ought to be made clear limit, ensure project safety, both sides should have treated as communicate with management, avoid to produce both sides of safe accident moment mutual shuffle.
5, Party B all construction activities, must weave safe construction measure, the member that the worker is used to collectivity before construction has comprehensive safe technology put all one's card on the table, carry out thoroughly in whole construction process, do not have measure or not tell sb one's real intentions is forbidden decorate construction.
6, appliance of the construction machine that Party B uses at this project project, labour and safety defend the amount of appliance and quality must satisfy construction to need, examine via having aptitude the unit examines accord with safe provision, party B is right the personnel harm that because use labour appliance,undeserved place causes and equipment breakdown are responsible.
7, before start working, the member that Party B should organize all construction person has safe education, will attend safety to teach personnel list (include temporarily supplementary or exchange staff) put on record to Party A with exam achievement newspaper. The letter of eligible and effective mount guard qualification that staff of special type work must have concerned branch nucleus to send.
Risk clew:
Before engineering go into operation, type of work of cent of the member that contract to just must organize all construction person undertakes safe education, skill is mixed install compasses exam, construction of eligible and rear accessibility spot. Need to exchange type of work, supplementary or the person that move staff, all must undertake before mount guard safe education and skill install compasses exam, sign up for hair bag to just install all door to put on record. Staff of special type work, must hold is effective " card of special type exercise " .
8, before start working, appliance of the facilities facilities that Party B should organize personnel to reach use Party A to offer to environment of construction area, work, labour undertake checking, affirm accord with safe requirement, once start working, state Party B already affirmed appliance of facilities of environment of construction site, work, facilities, labour accords with safe requirement to be in safe condition.
9, Party B should be in construction limits furnish temporarily crawl or admonitory sign, the construction limits that does not appoint so that surmount undertakes construction, prohibit having nothing to do personnel enters construction site. Agree without Party A, party B does not get do sth without authorization to use the device of Party A establishment that has nothing to do with construction; Do not get do sth without authorization to demolish, safeguard of modificatory Party A and designation.
10, need to use report, source of water in process of Party B construction, answer to get in touch with Party A beforehand, must not illicit pull chaos to receive. Suspend operation or encounter breakdown to should cut off concerned switch instantly.
11, labour should be accomplished to be over in process of Party B construction, expect, field is clear, ensure safety is civilized construction.
12, Party B must accept Party A supervise, examination, the security that offers to Party A must rectify and reform an opinion seasonable.
13, unripe casualties of stranger of the hair in process of Party B construction, electrified wire netting and equipment accident or the insecure situation that endanger production to move, should report instantly Party A, cooperate actively to investigate.
14, Party B should carry out the State Council " of short duration of order of investigation of special grave accident sets all right " , " report of company worker casualty accidents and processing regulation " and " accident of electric industry production investigates regulations " . To the person casualty accidents that personnel produces in construction, still must use phone, telex instantly or report of branch of the cable governmental security management department to accident seat, public security, labor, investigate processing by compasses methodize, appear in the newspaper by Party B statistic; If produce the State Council " order of investigation of special grave accident sets temporarily " sets especially big accident, still answer to inform local government, the Ministry of Public Security of the door instantly, ask to send a person to protect the spot.
15, Party B should refer opinion of the accident findings report of accident board of inquiry and Party B trouble removal Party A to put on record.
When the 5th Jia Yishuang just contacts means and noise to answer: Armour second both sides should contact odd, fax, telex to wait for the other side of written form service with the job. Both sides is when the written connection that receives opposite party, answer to be answered at giving inside 4 hours.
The 6th responsibility of breach of contract
1, because Party A or Party B responsibility cause the other side or the person harm of tripartite, equipment breakdown,wait for belongings loss, just assume corresponding responsibility by responsibility, recoup the other side or the total loss that tripartite causes accordingly.
2, the contract is fulfilled in, the concerned intelligence data that discovers Party B is offerred is useless, party A has authority to remove contract, bear all losses that cause from this by Party B.
3, discover staff of work of Party B spot has action of violate the rules and regulations, party A prepping according to stipulates about safe production rewards and punishment action of similar to photograph of Party A worker violate the rules and regulations should deduct money amount, undertake corresponding penalty due to breach of contract.
4, Party B did not install the staff that bring watch; Fail measure of technology of correct, overall executive safety, construction organizes a design; Construction personnel did not master this project project characteristic and construction safety precaution; Malcontent sufficient construction needs appliance of the construction machine that is used at this project project, labour and safe protective equipment, party A has authority to ask Party B stops to change carefully and nearly instantly, the consequence that causes from this and loss are assumed by Party B.
5, working rules takes security of Party B personnel one's deceased father unqualified, party B agree carries 50 yuan / the responsibility of breach of contract of person-time; Special type personnel should assume 100 yuan without Party B of card mount guard / the responsibility of breach of contract of person-time.
6, Party B uses appliance of the facilities equipment that Party A supplies, labour to wait for those who cause damage, should compensation of according to the set price.
7, the facilities facilities that without reason of Party B personnel employs Party A to other production area or do sth without authorization, party B reachs 500 yuan by 100 yuan / person-time undertakes responsibility of breach of contract.
8, the security that Party B offers to Party A rectifies and reform an opinion not seasonable, every exceed the time limit a day, party B reachs 1000 yuan by 200 yuan / the day undertakes responsibility of breach of contract.
9, casualties of body of stranger of the hair in construction process, electrified wire netting and equipment accident have those who hide action, divide outside accepting a government to be handled about the branch, fault just should assume 3000 yuan to reach 10000 yuan / second responsibility of breach of contract.
The any other business that the 7th Jia Yishuang just agrees:
This the 8th agreement carries out a process in, if produce controversy, talk things over by both sides, mediation is solved; If via talking things over, mediate insoluble dispute, any one party are OK to to lodge a complaint of local people court.
The 9th Jia Yishuang just must execute this agreement strictly, the legal effectiveness of this agreement is independent at master contract.
This the 10th agreement period of validity: From _____ year ______ comes since day of ___ month ___ year day of ____ month ____ stops.
Eleventh this agreement signs via bilateral legal representative or attorney effect of have a youthful look of affix one's seal.
Dozenth a this agreement portion of one type ___ , jiayi is bilateral each hold ______ portion.
Thirteenth this agreement signs a place to be in ground of Party A abode.
Party A:
Legal representative:
Attorney:
_____ year day of ____ month ____
Party B:
Legal representative:
Attorney:
_____ year day of ____ month ____
