PLANT CONSTRUCTION CONTRACT

　　article 12-inspection

　　1. following the issue of the certificates of completion of erection the contractor shall give the owner days notice of the date when he will be ready to carry out performance tests of the plant.

　　2. the owner shall provide the feedstock and other facilities required in appendix to enable the tests to commence on time and the contractor shall begin the performance tests at the time so notified.

　　3. the performance tests will be carried out in acceptance with the provisions of appendix  and on their successful completion, the owner shall issue a final acceptance certificate stating that the plant has been taken over by the owner as from the date thereof.

　　4. if the plant fails to pass its performance test, then the contractor,after making such adjustments as he considers necessary, shall repeat such tests in the presence of the owner at a time to be agreed upon under the same terms and conditions as the original tests.

　　5. the plant shall not be commercially operated before the issue of the final acceptance certificate. notwithstanding the failure of the plant to pass its performance tests, the owner may at his discretion issue a final acceptance certificate subject to the contractor remedying the plant defects as soon as possible.

　　article 13-inspection

　　1. in the event of any repeat of a performance test failing for reasons imputable to the contractor, and there being no mutual agreement to continue retesting, the results of the final test will be measured and the contractor will be liable to pay to the owner liquidated damages on the scale set out in appendix up to a maximum of % of the contract price.

　　2. if the contractor is unable for reasons within his control to obtain a final acceptance certificate for the whole plant by months from the effective date of this contract, he shall be liable to pay to the owner for each month''s delay liquidated damages of% of the contract price up to a maximum of% of the contract price in accordance with appendix.

　　3. the contractor shall establish, in favour of the owner, a guarantee for% of the contract price in the form set out in appendix in support of his obligations under this article.

　　article 14-inspection

　　1. the contractor warrants, for a period of  months from the date of issue of the final acceptance certificate or months from the effective date of this contract whichever is the earlier, the supplied plant against faulty design, material and workmanship.