建筑安装工程承包合同(32)

　　　　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 re-testing， 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.
　　　　2.　the owner shall inform the contractor in writing of all claims arising under this provision within（_________）days of the detection of fault， if the contractor's representative is on site or within（_________）days if not， to the contractor's head office by telex r recorded air mail delivery with supporting data. the contractor shall have the option to replace or repair all parts proved deficient. for this purpose the contractor shall have the option to replace or repair all parts proved deficient. for this purpose the contractor shall have an access to the site to inspect the faulty parts at any time and to enable him to comply with the terms of this guarantee. should the contractor fail to carry out agreed remedial work within any period of time reasonable in the particular circumstance， the owner shall have the right to do this work at the contractor's expense.