용어의 정의 (Definitions) - General Terms and Conditions
1.01 Definitions
The following terms used in this Contract have the meaning as defined hereby, except where the context of the Contract otherwise requires.
1. Contract [Purchase Contract] means
this contract to be entered into between both Parties for the supply of the Goods and/or Services.
2. Buyer means
the company. which purchases the Goods and/or Services hereunder and its legal representatives, authorized agents, successors and assignees. In some case, Purchaser, Owner, and Buyer may be used in the same meaning.
3. Supplier [Seller, Contractor] means
the person, corporation or other legal entity of any tier which supplies the Goods and/or Services hereunder and its legal representatives, authorized agents, successors and assignees.
4. Subsupplier [Subcontractor] means
a person, corporation or other legal entity of any tier and its legal representatives, authorized agents, successors and assignees which contract directly with Supplier or with another subsupplier, to furnish any part of the Work.
5. Party means
either Buyer or Supplier as the case may be. Parties may refer to either or both.
6. Work [Supplies] means
all of Supplier's obligations and responsibilities to be performed hereunder including, but not limited to, the supply of the Goods and/or the performance of the Services.
7. Goods means
any and all machinery, components, parts, tools, materials and goods of any kind to be supplied by the Supplier under the Contract.
8. Service(s) means
any kind of services including the technical supervisory services and training to be provided by the Supplier hereunder.
9. Installation [Erection] means
installation of the Goods supplied by the Supplier on the Site.
10. Plant means
the Plant which is being operated on the Site as specified in Article 2.01 Purchasing Summary of Section 2, Special Terms and Conditions
11. Site means
the premises where the Plant is operating
12. Performance Test means
test to certify the performance of the Goods.
13. On-shore Portion means
the portion of the Goods and/or Services to be supplied under the Contract which are obtained and/or performed by the Supplier in Korea. However, the portion of the Services which is performed in Korea by the foreign Supplier directly shall be regarded as an off-shore portion.
14. Off-shore Portion means
the portion of the Goods and/or Services to be supplied under the Contract which are obtained and/or performed by the Supplier out of Korea. However, the portion which is obtained or performed out of Korea by the domestic Supplier, and whose price is specified in Korean Won in Section 3, Material Description and Pricing Data, shall be regarded as an on-shore portion.
1.01 Definitions (용어의 정의)
･ ~, except where the context of the Contract otherwise requires,
: 문맥상 달리 해석되지 않는 한,
･ hereunder = under this contract : 계약에 의하여(계약 상)
･ its legal representative, authorized agents, successors, and assignees
: 그 법적 대표자, 권한 있는 수임자, 승계인 및 양수인
･ In some case : 경우에 따라서
･ the person, corporation or other legal entity of any tier
: 자연인(개인), 법인 또는 다른 법적 단체
･ sub-supplier, sub-contractor : 하수급자
･ as the case may be : 각 경우별로
･ Work [Supplies] means
all of Supplier's obligations and responsibilities to be performed hereunder ~
: 계약에 의하여 (계약상) 공급자가 이행하여야 하는 모든 의무와 책임
･ any and all machinery, components, parts, tools, materials and goods of any kind ~ (=Equipment & Materials)
: 기계, 구성품, 부분품, 공구, 자재 등 (=기자재)
･ technical supervisory services and training : 기술지원 및 교육훈련
･ on the Site : 현장에
･ retrofit : 개조, 개장
<해설>
사용빈도가 높은 용어들에 대하여 의미를 사전에 정의한 조항으로서, 정의된 용어는 계약서의 본문에서도 첫글자를 대문자로 사용한다. 정의된 용어는 일관성과 통일성을 가지고 사용되어야 한다. 즉, 동일한 의미일 때는 동일한 용어를, 의미가 다를 때는 다른 용어를 사용하여야한다.
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