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Vzor B: Smlouva o dílo (anglicky - překlad vzoru A)

11.10.2004, Zdroj: Verlag Dashöfer

Vzor B: Smlouva o dílo (anglicky – překlad vzoru A)

Stáhnout vzor

Contract for Work
(concluded in accordance with Section 536 et seq. of Commercial Code)

I.
Contracting Parties

1. Client: .........................................................................................................................
(commercial company or title, seat or place of business, identification number and information on registration)

Represented by ............................................. (name, surname and position)
(hereinafter referred to as "the Client")

2. Contractor: .........................................................................................................................
(commercial company or title, seat or place of business, identification number and information on registration)

Represented by ............................................. (name, surname and position)
(hereinafter referred to as "the Contractor")

II.
Subject of Work

  1. In accordance with this Contract the Contractor undertakes to perform the work specified hereunder for the Client at its own cost and risks and the Client undertakes to duly accept the completed work from the Contractor and to pay the purchase price.

  2. The subject of work is the construction of ................... (specification of the construction) as described in the project documentation for the building permit issued by the Regional Authority in ........... on .................. under the Ref. No. ........... .

  3. The description of work is a part of the technical report that constitutes an integral part of the project documentation quoted in the previous paragraph.

  4. The Contractor hereby declares it has inspected the project documentation specified in Article II(2) hereof before the signature of the Contract and did not find any defects that could have been identified during the inspection.

  5. The work consists of the following parts ........................ (it is possible to specify the work, e.g. building structures, technological facilities and other parts of the construction).

  6. The Contractor shall provide at its own cost and risks for all related works that constitute an integral part of work. In particular it shall build the construction site, take the necessary traffic measures and perform other activities required for due launch and performance of work.

  7. The subject of work of the Contractor is another part of the project documentation that serves for due performance of work. The price of this documentation is included in the price of work.

  8. The Contractor shall provide for height and direction bearing of all underground cables and networks in the place of work performance. The Contractor shall take care for these spots during the whole period of work performance until its completion and shall be responsible for their accuracy and protection against damages. The Contractor shall pass the final bearing in the digital and certificate format at least five days before the construction inspection.

  9. The work also includes the performance of all prescribed tests resulting from the handed over documentation that shall be a part of the implementation documentation prepared by the Contractor as a part of work.

  10. The Contractor undertakes to prepare the documentation of actually performed work for the work acceptance including geodetic survey. The Contractor shall prepare this documentation in two copies.

  11. The work also includes manuals required for proper service, operation and maintenance of individual parts of work. If any of these documents are passed by the contracting partners of the Contractor, the Contractor shall provide for their translation into Czech language.

III.
Period of Performance

  1. The Contractor undertakes to complete work and to pass it to the Contractor until ........ .

  2. The Contractor shall start performing the work after the protocol handover and acceptance of the construction site, that means the space intended for the performance of work under the project documentation and the contract.

IV.
Price of Work

  1. The Client and the Contractor agreed on the price of work of ....................... (in words: ...............) excluding VAT.

  2. The Contractor as a VAT payer shall add the value added tax of ....... % to the price. This rate can be changed if the legal regulations change in the period of taxable supply.

  3. The agreed price includes all works and performance of the Contractor under this Contract.

  4. The agreed price can be increased only if the Client asks the Contractor to perform larger volume of works, to carry out other than agreed works or make other changes in the subject of work. In such a case the works and the performance not covered by the price of work shall be expressed on a change form (the form specimen constitutes Annex No. 1 to the Contract). The change form shall be signed by responsible employees of the Contractor and the Client. In case of failure to follow this process, the Contractor shall not be obliged to perform such works and if it performs them, it acts to its own detriment and shall not be entitled to reimbursement.

  5. If additional works result from low quality performance, e.g. works and performance required as a consequence of building inspector's decision, the Contractor shall carry out these works without unreasonable delay and at its own risks and cost.

  6. The contracting parties agreed on the advance of CZK ..... (in words: ......). The advance shall be due on the Contractor's account within ten days of the signature of this Contract.

  7. During the performance of work the Contractor shall be entitled to the payment of works carried out in each calendar month. The basis for the payment is an application for payment (the application for payment constitutes Annex No. 2 to the Contract). Before the preparation of the payment calendar the responsible representative of the Contractor shall prepare a list of carried out works and supplies to be signed by the responsible representative of the Client. Without this document it is impossible to make an application for payment and the Contractor is not entitled to the payment.

  8. After the handover and acceptance of work the Contractor shall issue an invoice. The invoice shall meet the requirements of a tax document in accordance with Section 13a of Commercial Code and shall include the contract number, due date and date of its issue. The advance and other payments that have been made shall be deducted from the total invoiced amount. The contracting parties consider handover and acceptance as the date of taxable supply.

  9. Applications for payment shall include the specification of the Client and the Contractor, number of the application for payment and the amount. The application for payment shall be accompanied by a signed list of carried out works and supplies.

  10. The application for payment and the invoice shall be due within fifteen days of their delivery to the Client.

  11. The Contractor shall be obliged to suspend 10 % of the payment in each application for payment. The Client shall have the same right in case of invoice issued after the handover and acceptance.

  12. The Client shall release 5 % of the retained amount after elimination of defects and outstanding works claimed upon the handover and acceptance. Besides the physical elimination the contracting parties also consider discounts as an elimination of defects, for example in the form of letters of credits or other methods complying with the law. In such a case the Client shall be obliged to release the retainer and send it on the Contractor's account no later than within three days of the date of demonstrable elimination of claimed defects.

  13. The Contractor shall release the other part of the retainer of 5 % within three days of the expiry of the warranty period.

  14. Should an application for payment or invoice fail to contain the required essentials or should they contain erroneous data, the Client shall be entitled to return them within their maturity date. In such a case the Contractor shall issue a new application for payment or invoice with a new due date.

V.
Rights and Obligations of Contracting Parties

  1. The Client shall be obliged to hand over the construction site to the Contractor based on the protocol. The Client undertakes to handover the construction site to the Contractor without any rights of third persons so as the Contractor can start performing the work and to continue until work completion.

  2. The Contractor undertakes to fence the construction site and to guard it at its own cost. Should it be necessary to restrict the traffic on roads adjacent to the construction site as a consequence of work performance, the Contractor shall provide at its own cost for the required permits and installation of the respective traffic signs.

  3. The Contractor undertakes to provide at its own cost for order and cleanliness in the area of the construction site during the work performance including snow cleaning on roads adjacent to the construction site.

  4. The Client shall be entitled to inspect the work at each stage of its implementation. This mainly applies to works and supplies to be covered. The Contractor shall invite the Client by a record in the construction diary to review the works to be covered three working days in advance. The positive or negative standpoint with the performance of covered works and supplies shall be provided by the Client without unreasonable delay in the form of entry into the construction diary no later than 24 hours after the inspection of works and supplies to be covered.

  5. During the inspection of works and supplies to be covered the Contractor shall submit the Client the results of all carried out tests, evidences on quality of materials used during the performance of works and supplies, certificates and attests. Should the covered works cause inaccessibility of other parts of work thus preventing their future inspection, the Contractor shall submit the same

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