合同翻译公司哪家好|工厂建造合同翻译|最后验收和违约赔偿金（中英双语）|Final Acceptance and Liquidated Damages

最后验收Final acceptance

完工证明书颁发之后，承包商应提前XXX天将工厂性能测试的时间通知业主。

Following the issuance of the certificate of completion, the Contractor shall notify the Owner of the date when he will be ready to carry out performance tests of the plant XXX days in advance.

为使测试准时开始，业主应按附录XXX中的要求提供原料和其他设备，而承包商应按通知的时间开始性能测试。

The Owner shall provide the feedstock and other facilities required in Appendix XXX to enable the tests to commence on time and the Contractor shall begin the performance tests at the time as notified.

性能测试将按附录XXX的规定进行。测试成功后，业主应签发一份最后验收证明书，证明工厂已从证书签发日起移交业主。

The performance tests will be carried out in accordance with the provisions of Appendix XXX 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.

如果工厂未能通过性能测试，承包商在进行他认为必要的调整之后，应在业主在场的情况下重新进行测试，时间由双方商定，条件照旧。

If the plant fails to pass the performance tests, 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.

在最后验收合格证书签发之前，工厂不得投入商业性运转。如工厂未能通过性能测试，业主仍可酌情颁发最后验收合格证书，条件是承包商必须尽快纠正工厂存在的问题。

The plant shall not be commercially operated before the issuance of the final acceptance certificate. If the plant fails to pass the performance tests, the Owner may issue a final acceptance certificate at his discretion on the condition that the Contractor remedies the defects of the plant as soon as possible.

违约赔偿金

Liquidated damages

如果由于承包商的原因导致性能测试的再次失败，而双方并无继续重新测试的协议，则对最后一次测试的结果进行评估。承包商将根据附录XXX的规定向业主支付违约赔偿费，费率不超过合同价格的XXX%。

If the performance tests fail again due to the Contractor’s reasons and there is no mutual agreement for the parties to continue the re-testing, the results of the final test shall be assessed. The Contractor shall pay to the Owner liquidated damages as specified in Appendix XXX at a rate not exceeding XXX% of the contract price.

如果承包商因自身的原因未能在合同生效后的XXX个月内获得整个工厂的最后验收合格证书，承包商须根据附录XXX的规定向业主每月支付相当于合同价格XXX%的拖延赔偿费，但最多不超过合同价格的XXX%。

If the Contractor fails to obtain the final acceptance certificate for the whole plant within XXX months from the effective date of this Contract for his own reasons, he shall pay to the Owner for each month’s delay liquidated damages of XXX% of the contract price up to a maximum of XXX% of the contract price in accordance with Appendix XXX.

承包商应根据附录XXX规定的格式开立一份以业主为受益人、金额为合同价格XXX%的保证书，作为其履行本条款项下义务的保证。

The Contractor shall establish, in favor of the Owner, a guarantee for XXX% of the contract price in the form set out in Appendix XXX in support of his obligations under this Article.