摘要:No amount will be paid until the Employer has received and approved the Performance Security. Thereafter, the Employer shall withi
【合同知识扩展】
工程合同中价款结算和支付的条款(中英文对照)
SETTLEMENT AND PAYMENT OF CONTRACT PRICE
支付合同价款
Payment of Contract Cost
发包人应按合同约定向承包人及时支付合同价款。
The employer should as per contract agreement make any contract cost in time.
Interim Payments期中付款
No amount will be paid until the Employer has received and approved the Performance Security. Thereafter, the Employer shall within 28 days after receiving a Statement and supporting documents, give to the Contractor notice of any items in the Statement with which the Employer disagrees, with supporting particulars. Payments due shall not be withheld, except that:
在雇主收到并认可履约担保前,不办理付款.其后,雇主应在收到有关报表和证明文件后28天内,向承包商发出关于报表中雇主不同意的任何项目的通知,并附细节说明.除下列情况外,对应付款项不应予以扣发:
Timing of Payments
付款的时间安排
Except as otherwise stated in Sub-Clause 2.5 [Employer’s Claims], the Employer shall pay to the Contractor:
(a) the first installment of the advance payment within 42 days after the date on which the Contract came into full force and effect or within 21days after the Employer receives the documents in accordance with Sub-Clause 14.2 [Advance Payment], whichever is later;
(b) the amount which is due in respect of each Statement, other than the Final Statement, within 56 days after receiving the Statement and supporting documents; and
(c) the final amount due, within 42 days after receiving the Final Statement and written discharge in accordance with Sub-Clause 14.11 [Application for Final Payment] and Sub-Clause 14.12 [Discharge].
除第2.5款[雇主的索赔]另有规定以外,雇主应在以下时间向承包商支付:
在合同开始实施和生效日期后42天,或雇主收到按照第4.2款[履约担保]和第14.2款[预付款]的规定提出的文件后21天,二者中较晚的日期内支付首期预付款;
在收到有关报表和证明文件后56天内,最终报表除外,支付每期报表的应付款额;
在收到按照第14.11款[最终付款的申请]和第14.12款[结清证明]的规定提出的最终报表和书面结清证明42天内,支付应付的最终款额.
Time and Manner of Payment
付款时间和付款方式
COMPANY shall pay, or cause to be paid, the invoices within thirty (30) days after receipt thereof through the CONTRACTOR’S bank account via telegraphic transfer as will be indicated on the invoice. The cost of such transfer, currently U.S. $ thirty (30) per transfer, shall be borne by CONTRACTOR and deducted from each payment.
收到承包商的发票后30日内,公司按发票上给定的帐号通过电汇付款。银行费用由承包商负担,从每次的付款中扣除。目前,每次电汇的银行费用为30美元。
CONTRACTOR shall be paid twenty five percent (25%) of its monthly U.S. Dollars Invoices in equivalent Egyptian Pounds. The Egyptian Pounds equivalent of U.S.D. shall be calculated at the rate of exchange applicable to the Petroleum Sector in effect of the month in which payment were executed. This rate currently shall be based on the National Bank of Egypts rate.
承包商每月提交的美元发票,其中发票金额的25%以等价值的埃镑支付。汇率以实际付款当月石油部门使用的汇率为准,该汇率通常以埃及国家银行的汇率为基准。
对于本工程工程款的支付按以下内容进行:
Payments for this work shall be as follows:
① 工程合同签订后,甲方应支付乙方50000.00元的工程预付款,即人民币伍万元整;
Party A shall pay party B 50000.00 RMB (in capital letter is fifty thousand RMB) as soon as both parties sign the contract.
乙方开工后15天内,甲方再支付乙方50000.00元的工程进度款,即人民币伍万元整;
Party A shall pay party B 50000.00 RMB (in capital letter is fifty thousand RMB)as process payment.
③ 工程竣工验收合格后一周内,甲方应支付乙方剩余款项35000.00元,即人民币叁万伍仟整。
Party A Shall pay the final payment to Party B 35000.00 RMB ( in capital letter is thirty five thousand) within 7 days after completion of the work.
甲方把工程款汇入乙方指定银行。
Party A should transfer the work payment to the bank which is appointed by party B.
在本合同生效后 天内,业主应向承包商支付金额为 合同价格,作为承包商完成该工程并承担本合同规定的所有义务的全部报酬。
Within days after the effective date of this Contract, the Owner shall pay the Contractor as full and complete compensation for accomplishing the Works and assuming all obligations under this Contract the Contract Price in the amount of.
在提交最终报表时,承包商应给雇主一份书面结算清单,进一步证实最 终报表中的总额,相当于由合同引起的或与合同有关的全部和最后确定应支付给 承包商的所有金额,并将一份副本呈交工程师。但该清单只是在根据第104.8款颁 发的最终证书规定的应支付的款项支付之后,以及第27.1款提及的履约保证书退 还给承包商之后才能生效。
92.7 Upon submission of the Final Statement, the Contractor shall give to the Employer, with a copy to the Engineer, a written discharge confirming that the total of the Final Statement represents full and final settlement of all monies due to the Contractor arising out of or in respect of the Contract. Provided that such discharge shall become effective only after payment due under the Final Certificate issued pursuant to Clause 92.8 has been made the performance security referred to in Clause 27.1, if any, has been returned to the Contractor.
本合同生效后三天内,发包人支付设计费总额的20%,计___万元作为定金(合同结算时,定金低作设计费)。
Within three days upon the effectiveness of this contract, the Employer shall pay 1% of RMB 1,800,000yuan, the appraised price of investment to the transformer, namely RMB1,8000 yuan as the down payment.( the down payment shall be counted as the charges for design upon settlement of the contract).
设计人提交___设计文件后三天内,发包人支付设计总额的30%,计___万元;之后,发包人应按设计人所完成的施工图工作量比例,分期分批向设计人支付总设计费的20%,计___万元,施工图完成后,发包人结清设计费,不留尾款。
The Designer shall submit eight sets of design documents to Party A for submission to the power supply department and the Employer will pay 3.5% of RMB 1,800,000yuan, the appraised price of investment to the transformer, namely RMB 6,3000 yuan, without any remainder.
The Client hereby covenants to pay the Supervisor, in consideration of the performance of the supervision services, such amount as may become payable under the provisions of the Contract at the times and in the manner and currency type prescribed by the Contract.
考虑到监理人提供的监理服务,委托人向监理人承诺按照本合同注明的期限,方式,币种,向监理人支付报酬.
The Client should pay to the Supervisor 15% of the fixed lump sum within one week as of the signature date of this Supervision Contract.
合同签定日后一周内委托人向监理人支付监理费总价的15%;
Then, the Client should pay the Supervisor another 15% of the fixed lump sum every two months (90 days), and the number of the payment times is three (i.e. 75% of the fixed lump sum fee).
随后,每三个月(90天),委托人向监理人另支付监理费总价的15%,共5次(计为监理费总价的75%)。
甲方按照付款约定向乙方支付工程款。
Party A should make payments to Party B according to the payment terms.
Party A have to pay the total amount of 30% as purchase fund of engineering material within 2 days since it receives the construction plans.
甲方在收到工程施工图后2日内向乙方支付合同总金额的30%作为工程材料采购款。
Party A in receiving the requisition from Party B ,it has to transport the engineering facilities material to the Chinese port and pay 20% of the contract aggregate amount to Party B in 3 days as the engineering material.
甲方在收到乙方工程设备材料运至中国口岸通知单证3日内向乙方支付合同总金额的20%作为工程材料采购款。
发包人向承包人承诺按照合同约定的期限和方式支付合同价款及其他应当支付的款项。
The employer promises the contractor to pay the contract price and other accounts payable according to the term and mode agreed in this Contract.
Payments should be made to Design Consultant. The fee shall be paid in US $ according to the current exchange rate at the day of payment.
应支付给设计顾问的款项。费用应按照付款当天的汇率以美元支付。
The project manager certifies a payment within one week of each assessment date. The first payment is the amount due. Other payments are the change in the amount due since the last payment certificate. A payment is made by the contractor to the employer if the change reduce the amount due. Other payments are made by the employer to the contractor. Payments are in the currency of this contract unless otherwise stated in this contract.
在每一结算日后一周内,项目经理应签发付款证书。第一次付款即为应付款额。以后的每次付款额为上次付款证书签发以来应付款额的变动额。若此变动额小于应付款额,差额表示承包商应向雇主支付的款额。其他情况均为雇主向承包商付款。除非本合同另有规定,付款以本合同货币进行。
Whereas Party A invited Party B to participate the Design Competition of Master planning for Project and agreed to pay certain amount of competition fee after Party B is selected to proceed to the second stage; Party B agreed to participate the competition according to the time schedule and fee proposal of Party A; Party C agreed to act as the agent of Party A to undertake the overseas payment under this Contract, all parties agreed to reach an agreement under the terms and conditions as follows:
鉴于甲方邀请乙方参加本项目总体规划设计竞赛,并同意在确定乙方被选中参加第二阶段竞标后支付一定的费用;乙方同意按照甲方的要求的进度和费用参加设计竞赛;丙方同意代理甲方完成本合同项下设计费的外汇支付工作,三方达成一致如下:
Party A shall payment the competition fee within 14 days after Party B had submitted the design documents. Party C will deal with the taxes and overseas payment procedure as follows:
甲方应在乙方递交设计成果文件后14天内向乙方支付竞赛费。丙方负责处理税务和外汇付款事项,具体程序如下:
本合同签订后7天内,甲方向乙方支付相当于工程款总额1%的预付款,即人民币55万元;
Within seven (7) days from the signing of the Contract, Party A shall pay Party B 550,000 yuan RMB as advance charge, which is equal to l% of the total amount of money for the Project.
在工程施工期间,乙方应按月向甲方书面汇报工程进度,甲方应按月向乙方支付工程款项;
During the time of construction of the Project Party B shall make monthly report in writing to Party A on the progress of the construction work. and Party A shall make monthly payment to Party B for construction of the Project.
工程全面完工并经双方验收合格后,甲方将工程款支付到工程款总额的90%;其余的10%作为质量保证金,待交工后经过一年使用并未出现质量问题,甲方应将质量保证金一次付清。
Upon the total completion of the Project and the examination and acceptance of the Project by both Parties, Party A shall have paid 90% of the total cost of the Project Keeping the remaining l0% of the total as the quality deposit which shall be paid by Party A to Party B in a single payment after one year of trouble-free operation beginning from handing over of the completed Project by Party B to Party A.
FIXED LUMP SUM PRICE AND PAYMENT TERMS
固定合同总价和付款
As the full consideration for the satisfactory performance and entire discharge by the CONTRACTOR of all of the CONTRACTOR’s duties, obligations, responsibilities and liabilities under the CONTRACT, the OWNER shall in accordance with the payment terms set forth in the CONTRACT, pay the CONTRACTOR the FIXED LUMP SUM PRICE. Agreement
在承包商根据合同规定履行其全部职责及义务,业主将按照合同支付条件以固定总价形式向承包商付款。
乙方制作的效果图经甲方确认合格,并按本合同约定向甲交付成品及相应的电子文件后,甲方支付余款。
The renderings produced by Party B are confirmed by Party A as qualification if it is qualified, Party B deliver the finished product and the corresponding electronic documents accordance with the contract, part A shall pay the remain balance.
价款支付:Payment for Work
第一期:甲方在本合同开始实施时支付乙方工程总价30 %,即96万美元整;
First installment: Party A shall pay to Party B 30percent of the total price for Work, i.e. 960, 000 U. S dollars only at the time when this contract be duly executed.
第二期:甲方在安装通气管时,支付乙方工程总价20%, 即64万美元整;
Second installment: Party A shall pay to Party B 20percent of the total price for Work, i.e. 640, 000 U. S dollars only upon the commencement of installation of air pipes.
The employer promises to the contractor that it will pay contract price and other payables approved in the contract.
本合同生效时,甲方支付设计费总额的约50%(建设部、国家工商行政管理局《建设工程设计合同》(示范文本)规定:为50%),即贰拾伍万元人民币(RMB)整,作为订金及设计方案确定后首付设计费。
Party A shall pay about 50% of the total value of the design fees (50% as per the provision in Design Contract for Construction Project (trial edition) issued by the Ministry of Construction Department and National Industry & Commerce Administrative Bureau, that is 250000 (two hundred and fifty thousand) Yuan RMB Only
完成全部桩基及主要建构筑物基础时,甲方支付设计费总额30%,即拾伍万元人民币(RMB)整。
Party A shall pay 30% of the total value of the design fees after the completion of all the pile bases design and foundation design for main buildings, that is 150000(one hundred and fifty thousand)Yuan RMB Only.
All payments which this Contract obligates CONTRACTOR to make to PERTAMINA or the Government of the Republic of Indonesia shall be made in United States Dollars currency at a bank to be designated by each of them and agreed upon by Bank Indonesia or at CONTRACTOR's election, other currency acceptable to them, except that CONTRACTOR may make such payments in Indonesian Rupiahs to the extent that such currencies are realized as a result of the domestic sale of Crude Oil or Natural Gas or Petroleum products, if any.
所有本合同所要求的承包商向业主或印尼政府的支付应当通过双方指定的并得到印尼银行同意的银行用美元,或用承包商选择的业主和印尼银行接受的其他货币进行,但不包括承包商用在印尼国内销售原油或天然气或石油产品所得的印尼卢比支付。
All payments due to CONTRACTOR shall be made in United States Dollars or, at PERTAMINA's election, other currencies acceptable to CONTRACTOR at a bank to be designated by CONTRACTOR.
所有应当向承包商做出的支付应当使用美元,或其他由业主选择并且承包商能接受的货币,通过承包商指定的银行进行。
Any payments required to be made pursuant to this Contract shall be made within thirty (30) days following the end of the month in which the obligation to make such payments occurs.
依照本合同需要进行的任何支付应当在支付义务发生当月结束后的30天内进行。
CONTRACTOR shall pay to PERTAMINA as compensation for information now held by PERTAMINA the sum of One Hundred and Fifty Thousand United States Dollars (US$ 150,000) after approval of this Contract by the Government of the Republic of Indonesia in accordance with the provisions of applicable law. Such payment shall be made within thirty (30) days after the Effective Date.
承包商应当在印尼政府根据适用法律的条款批准本合同后向业主支付数量为150,000美元的信息费。该款项应当在生效日后30天内支付。
工程款的结算与支付:
Settlement and Payment of Project Cost
1、 基础工程至六层楼面结构完成,开始支付工程款,支付的额度为已经完成工程的70%,以后根据施工进度,按上个月完成的工程量的70%支付。
Initial payment of project will be effected upon the completion of base construction and to sixth floor structure, the amount of payment is 70% of the value of completed works and thereafter, pursuant to the progress of project, each payment will be effected on 70% of last month’s completed work quantity.
2、工程主体完成,付工程款的90%,剩余10%的工程款待工程竣工后3月内付清。
90% of project cost will be effected upon the completion of project main structure, and remaining 10 % of project cost will be paid off within three months after project completion.
The remaining EIGHTY PERCENT (80%) of the Contract Price shall be paid in installments described hereunder, with each installment subject to deduction of applicable withholding taxes paid via confirmed and irrevocable Letters of Credit (“L/Cs”) to be established by BUYER in favor of SELLER via a bank acceptable to BUYER -
剩余的80%(百分之八十)的合同造价应按下款规定的分期支付,在扣减预提税金后,每一分期付款以销售方为受益人由采购方确定的银行通过经保兑的不可撤销的信用证支付。
工程价款的支付和结算,根据国家有关部门制定的工程价款结算办法,并结合钢结构建筑的特殊情况进行支付与结算。
Payment and settlement of project cost shall, in accordance with the regulations of engineering cost settlement stipulated by State’s authority concerned, and combined with the particular circumstances of steel project, be processed.
本工程钢梁、钢柱进场三日内,发包方支付合同总价的20%作为工程预付款,计人民币____万元,承包方开始安装。
Employer should, within three days upon the date of steel beams and steel columns entering into the site, make payment of 20% of total contract cost as project’s advance payment which equal to RMB YUAN before contractor commence the installation.
安装竣工并验收合格后的七天内支付合同总价的75%,计人民币___万元,余款5%,计人民币___万元作为质保金留滞,质保期为一年,待质保期满后三日内付清全部质保金。
Employer shall, within seven days on and after installation completion and through acceptance, pay contractor 75% of total contract cost, valued sum of RMB YUAN , and remaining 5% which valued RMB YUAN as retention money withheld for one year of quality warranty, and full retention money shall be released within three days upon expire of warranty period.
合同总金额10%的首付款于合同签署起14工作日内支付;
10% as first payment upon contract awarding (within 14 working days);
合同总金额20%于施工开始时支付;
20% upon construction kick-off;
合同总金额20%于隐蔽工程验收通过后支付;
20% upon passing of concealed work inspection;
剩余支付金额将视乙方于本项目的服务质量酌情于工程验收完毕一年后(14天内)支付,支付金额的百分比按照乙方的服务质量得分确定。
The rest of the payment will be paid at Party A’s discretion by considering the quality of Party B’s service within 14 days after the Project has passed the completion acceptance for one year, the percentage of payment to be paid shall depend on the score of Party B’s service.
订立合同后乙方设备进场并开始施工时,甲方支付10% 工程款 ,进度至第二层支撑底时付款至30% ,工程完工付款至50% ,余款在此后三个月内付清。
Initial payment of 10% of total cost is effected by party A after conclusion of this contract and party B’s equipment entering into site for execution, 30% of cost payment will be effected on the progress to supporting bottom of second layer, 50% of cost payment will be effected on completion of project and the balance will be paid off within three months thereafter.
工程价款的支付与结算:
Settlement and Payment
1、工程进度款的支付:
Progress payment
① 钢管脚手架的工程进度款(含延期款)按月以现金形式支付乙方。
Payment of progress including extension for the steel scaffold shall be effected to party B in cash on a monthly.
② 每月工程量由乙方在下月5日前申报,甲方在当月15日前,按乙方上个月完成工作量的 85% 工程进度款。
The declaration of quantity each month will be made by party B prior to 5th following month and party A will, prior to 15th the month on the basis of party B’s completed quantity in last month effect 85% of progress payment to party B.
③ 当甲方通知乙方拆除外墙脚手架之日甲方应再支付总价的 15% 工程进度款。
Party A will effect another 15% of progress payment to party B at the time on which party A give notice of dismantlement to party B.
④ 其余工程款待脚手架拆至最后一层时一次性付清。
All remain payment will be effected at once at the time on which work of dismantlement being made to last layer.
在乙方如期完成全部的装修施工工程并经甲方根据第八条验收合格后,甲方将于收到乙方正式发票后30天内按实际完成的工作量及投标单价一次性结算支付全部工程款项。
Upon and after party B’s completion of all decoration works on schedule and making acceptance by party A pursuant to the stipulation of Article 8, party A will , within 30 days of receipt of formal invoice from party B, effect payment in a lump sum of all project amount in accordance with actual completion of works and bidding unit price.
来源:英文合同研究一点号
