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No. #843E
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Help CentreTurnkey contracts take a range of forms and at present no single model contract covers them all. As part of the suite of model construction contracts, the International Chamber of Commerce (ICC) developed the ICC Model Contract Turnkey Supply of an Industrial Plant. The model contract was designed specifically for turnkey contracts involving the supply of industrial plants or production lines to be erected within facilities which already exist or which are constructed by the purchaser.
The model has special characteristics: The supplier is obliged to supply the equipment and assist the purchaser, and performs these obligations within facilities that are under the purchaser’s control.
This model contract takes account of all of these specifics and contains enough flexibility for the parties to work out special situations for themselves. To leave the greatest possible space to alternative solutions, many issues including raw materials, time schedule, erection equipment, among others, are covered in the annexes.
Each ICC Model Contract includes a fully editable version in Microsoft Word, permitting you to easily adapt the contract to your specific case.
Foreword ...9
INTRODUCTION
ICC MODEL CONTRACT FOR THE TURNKEY SUPPLY OF AN INDUSTRIAL PLANT
CHAPTER 1: GENERAL CLAUSES
CHAPTER 2: SUPPLY OF TECHNICAL DOCUMENTATION, EQUIPMENT AND SPARE PARTS
8. Layout ...27
9. Technical documentation ...27
10. Supply of the equipment ...28
11. Shipment - Packing - Marking ...28
12. Taking delivery of the equipment ...28
13. Spare parts, raw materials and components ...29
CHAPTER 3: ERECTION, TESTING, TAKING OVER AND TRAINING
14. Obligations of the Parties ...30
15. Management of the site ...30
16. Supplier's personnel ...31
17. Travel and lodging expenses of supplier's personnel ...31
18. Erection ...32
19. Erection testing ...32
20. Erection Certificate ...33
21. Start up of the plant ...33
22. Performance testing ...34
23. Taking over ...35
24. Training of purchaser's personnel ...36
CHAPTER 4: PRICE, PAYMENT CONDITIONS, BANK GUARANTEES
25. Contract price ...37
26. Payment conditions ...37
27. Bank guarantees provided by the supplier ...38
28. Taxes, duties, etc. ...39
CHAPTER 5: NON PERFORMANCE AND ITS CONSEQUENCES
29. Consequences of non-performance - Liquidated damages ...40
30. Contract termination...41
31. Defects in the plant after taking over ...42
32. Limitation of liability ...44
CHAPTER 6: FINAL CLAUSES
33. Force majeure ...45
34. Confidentiality ...47
35. Contract documents ...48
36. Applicable law ...49
37. Resolution of disputes ...49
CONTRACT SCHEDULES: SPECIFIC ISSUES TO BE DETERMINED BY THE PARTIES
Contract Schedule A - Definition of the site ...52
Contract Schedule B - Events to occur before the commencement date (Article 3.2) ...53
Contract Schedule C - Contract termination before effectiveness (Article 3.3) ...54
Contract Schedule D - Information needed for preparing the layout of the plant (Article 8.1) ...55
Contract Schedule E - Shipment of Equipment - Marking - Packing list and other documents ...56
Contract Schedule F - Price of the Contract (Article 25) ...57
Contract Schedule G - Payment conditions (Article 26) ...58
Contract Schedule H - Bank guarantees provided by the supplier (Article 27) ...59
Contract Schedule I - Liquidated damages for delay (ARticle 29) ...60
ANNEXES
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