Understanding Contracts According to Black's Law Dictionary, defined the contract: "Contract: An agreement Between the which two or more persons creates an obligation to do or not to do a peculiar thing " Which means that an agreement between two or more persons which creates an obligation to do or not do something special. Seeing the limitations of a given contract, it can be said that the agreements and contracts have a more or less the same meaning. According to Black's Dictionary is also said that the Agreement had a broader sense than the contract. All contracts are the Agreement, but not every agreement is a contract. In connection with this matter, will be clearer when we look at the definition or understanding provided by prof. Subekti that the contract is more narrow than the treaty because it is addressed to the agreement or written consent. In everyday use, if we consider, the contract made by someone is usually made in writing. Thus, it appears that what is meant by the word of the contract is a written agreement, even more leads to production of a deed. General Requirements Contract (SSUK)
General Provisions 1. Definition In this contract the following meanings: a) "Bill of Quantities and Prices" is a list that includes every component of Other Services job that must be implemented by the following Service Provider unit price (Currency of payment) and is part of the Offer Service Provider; b) "Document Selection" is a collection of documents that set out in Clause 8.1 of Instructions to Participants Procurement (IKPP) for this contract; c) "HPS" is a price estimate Own by PPK; d) "Other Services" is work to be performed by Service Provider under this Contract and in accordance with Technical Specifications and Drawings and Bill of Quantities and Prices Offering Service Provider; e) "Partnership" is a cooperative effort between the provider of goods / services with a foreign national and each party has the rights, obligations and responsibilities are clearly based on the collective agreement as set forth in a written agreement. Commercial cooperation can be called a consortium or joint venture or other designations as far as not intended to form a new corporation and transferred the responsibility of each member of the partnership business to the legal entity; f) "Contract Period" means the period of validity of this Contract as from the Effective Date of Contract in Section 2.1 SSUK until the Settlement Date; g) "Contract Value" is the total contract price; h) "Initial Servicer" means the complete bidding documents for the contract was submitted by the Service Provider to the KDP; i) "Service Provider" is a business entity or orangperseorangan whose bid is received by the KDP; j) "Personnel" means those individuals employed by the Service Provider or subcontractor as a worker and was assigned to carry out all or part Other Services jobs; k) "Party" is the KDP or the Servicer in accordance with the provisions of context, and "Parties" means both; l) "KDP" is the official maker of Commitment yangmerupakan owner occupation / service user who is responsible for implementing this provision of General Services; listed in the Appointment. m) "Implementation" SSUK widely applied in the implementation of these Other Services jobs but can not conflict with the provisions of the Contract Documents other higher order of hierarchy in the Letter Agreement. n) "Applicable Laws" The validity, interpretation, and execution of this Contract is based on the laws of the Republic of Indonesia. o) "Contract Language" was created in Indonesian which is the language of determinants of all things relating to the meaning or interpretation of the Contract.
LETTER OF AGREEMENT to implement Work Package Other Services: __________ Number: __________
LETTER OF AGREEMENT is following all the attachments (hereinafter referred to as "Contract") made and signed at __________ on __________ date __ month ____ __________ Years between official name of the maker __________[ Commitment], The official position Makers __________[ Commitment], acting for and on behalf of __________[ Name of project / work unit officials Commitment Maker], which Officials based in __________[ address Maker Commitment] (hereinafter referred to "KDP") and Other Service Providers __________[], __________[ vice Provider Services], acting for and on behalf of the Servicer __________[ name], which domiciled in __________[ Service Provider address] (hereinafter referred to "Service Providers"). [If the Service Provider in the form of the Partnership then the opening sentence / komparisi above adjusted as follows: "...( hereinafter referred to as "KDP") and Partnership composed as follows: 1. __________; And 2. __________; And ... each member personally responsible and joint responsibility of all obligations of the Servicer under this Contract and the KDP have __________[ appoint a member of the partnership is designated as representative of the partnership] to act on behalf of the Partnership are based in __________[ address Service Provider] (hereinafter "Service Provider").] RECALLING THAT: (A) The KDP has requested the Servicer to provide the General Services as described in the General Terms of Contract are attached in this Contract (hereinafter referred to as "Other Services"); (B) Service Provider, as stated to the KDP, had a professional expertise, personnel, and technical resources, and has agreed to provide the General Services in accordance with the terms and conditions of this Contract; (C) KDP and the Servicer states have the authority to sign this contract, and the signing has authority to bind the party represented; (D) KDP and the Servicer acknowledge and declare that in connection with the signing of this contract each party: 1) has been and continues to be given the opportunity to be accompanied by an advocate; 2) sign this contract after researching the proper; 3) have read and fully understand the provisions of this Contract; 4) have obtained adequate opportunity to review and confirm all the provisions of this Contract and all relevant facts and circumstances. THEN THEREFORE, the KDP and the Servicer hereby agree and approved the following matters: 1. The total contract price or the Contract Value after Value Added Tax (VAT) obtained based on the quantity and unit price as listed in the List of Quantities and Prices are for Rp__________ (__________ rupiah); 2. Terminology and expressions in the Letter Agreement have the meanings and meaning the same as stated in the Contract; 3. The following documents (hereinafter referred to as "Contract Documents") is the unity and integral part of this Contract:
a) Letter of Agreement; b) Letter of Offer the following Bill of Quantities and Prices; c) Special Terms of Contract; d) General Requirements Contract; e) Technical Specifications; f) Documents completeness of the election, such as Security Letters,
Letter of Appointment of the Servicer, and the News-Election Minutes; 4. Contract Documents prepared to explain each one another, and if there is a conflict between the provisions of a document with provisions in other documents shall prevail in the provision of high yanglebih documents in order of hierarchy in figure (3) above: 5. Rights and reciprocal obligations KDP and the Servicer is stated in the Contract, including in particular: (A) The Servicer is obligated to carry out work for the KDP Other Services in accordance with the provisions of the Contract; and (B) KDP is obliged to make payment to the Servicer in accordance with the provisions of the Contract; 6. This contract shall be effective as of the date set forth in Article 2.1 General Requirements / Special Contract with the start and completion of the entire work as stipulated in Article 2.2.2 and Article 2.3 General Requirements / Special Contract.
WITH SUCH, KDP and the Servicer has agreed to sign this contract on the date mentioned above and execute the Contract in accordance with the provisions of the legislation in force in the Republic of Indonesia.
For and on behalf of __________ KDP For and on behalf of Service Provider __________
[Signature and seal (if this original copy then paste it to Service Provider stamp Rp 6,000, -)]
[Full name] [Title]
[Signature and seal (if this original copy Commitment to Manufacturers Officials then glue stamp Rp 6,000, -)]
[Full name] [Title]
[If the Service Provider Partnership form column above signatories adjusted as follows and each member Partnerships should sign the letter Agreement:
For and on behalf of each member Partnership / Service Provider __________[ Behalf of the Partnership members]
[Signature, stamp, (if this original copy for project / work unit officials Manufacturer Commitment then paste the stamp duty USD 6.000, -). For quite a Partnership (A) stamp represents all members]
General Provisions 1. Definition In this contract the following meanings: a) "Bill of Quantities and Prices" is a list that includes every component of Other Services job that must be implemented by the following Service Provider unit price (Currency of payment) and is part of the Offer Service Provider; b) "Document Selection" is a collection of documents that set out in Clause 8.1 of Instructions to Participants Procurement (IKPP) for this contract; c) "HPS" is a price estimate Own by PPK; d) "Other Services" is work to be performed by Service Provider under this Contract and in accordance with Technical Specifications and Drawings and Bill of Quantities and Prices Offering Service Provider; e) "Partnership" is a cooperative effort between the provider of goods / services with a foreign national and each party has the rights, obligations and responsibilities are clearly based on the collective agreement as set forth in a written agreement. Commercial cooperation can be called a consortium or joint venture or other designations as far as not intended to form a new corporation and transferred the responsibility of each member of the partnership business to the legal entity; f) "Contract Period" means the period of validity of this Contract as from the Effective Date of Contract in Section 2.1 SSUK until the Settlement Date; g) "Contract Value" is the total contract price; h) "Initial Servicer" means the complete bidding documents for the contract was submitted by the Service Provider to the KDP; i) "Service Provider" is a business entity or orangperseorangan whose bid is received by the KDP; j) "Personnel" means those individuals employed by the Service Provider or subcontractor as a worker and was assigned to carry out all or part Other Services jobs; k) "Party" is the KDP or the Servicer in accordance with the provisions of context, and "Parties" means both; l) "KDP" is the official maker of Commitment yangmerupakan owner occupation / service user who is responsible for implementing this provision of General Services; listed in the Appointment. m) "Implementation" SSUK widely applied in the implementation of these Other Services jobs but can not conflict with the provisions of the Contract Documents other higher order of hierarchy in the Letter Agreement. n) "Applicable Laws" The validity, interpretation, and execution of this Contract is based on the laws of the Republic of Indonesia. o) "Contract Language" was created in Indonesian which is the language of determinants of all things relating to the meaning or interpretation of the Contract.
LETTER OF AGREEMENT to implement Work Package Other Services: __________ Number: __________
LETTER OF AGREEMENT is following all the attachments (hereinafter referred to as "Contract") made and signed at __________ on __________ date __ month ____ __________ Years between official name of the maker __________[ Commitment], The official position Makers __________[ Commitment], acting for and on behalf of __________[ Name of project / work unit officials Commitment Maker], which Officials based in __________[ address Maker Commitment] (hereinafter referred to "KDP") and Other Service Providers __________[], __________[ vice Provider Services], acting for and on behalf of the Servicer __________[ name], which domiciled in __________[ Service Provider address] (hereinafter referred to "Service Providers"). [If the Service Provider in the form of the Partnership then the opening sentence / komparisi above adjusted as follows: "...( hereinafter referred to as "KDP") and Partnership composed as follows: 1. __________; And 2. __________; And ... each member personally responsible and joint responsibility of all obligations of the Servicer under this Contract and the KDP have __________[ appoint a member of the partnership is designated as representative of the partnership] to act on behalf of the Partnership are based in __________[ address Service Provider] (hereinafter "Service Provider").] RECALLING THAT: (A) The KDP has requested the Servicer to provide the General Services as described in the General Terms of Contract are attached in this Contract (hereinafter referred to as "Other Services"); (B) Service Provider, as stated to the KDP, had a professional expertise, personnel, and technical resources, and has agreed to provide the General Services in accordance with the terms and conditions of this Contract; (C) KDP and the Servicer states have the authority to sign this contract, and the signing has authority to bind the party represented; (D) KDP and the Servicer acknowledge and declare that in connection with the signing of this contract each party: 1) has been and continues to be given the opportunity to be accompanied by an advocate; 2) sign this contract after researching the proper; 3) have read and fully understand the provisions of this Contract; 4) have obtained adequate opportunity to review and confirm all the provisions of this Contract and all relevant facts and circumstances. THEN THEREFORE, the KDP and the Servicer hereby agree and approved the following matters: 1. The total contract price or the Contract Value after Value Added Tax (VAT) obtained based on the quantity and unit price as listed in the List of Quantities and Prices are for Rp__________ (__________ rupiah); 2. Terminology and expressions in the Letter Agreement have the meanings and meaning the same as stated in the Contract; 3. The following documents (hereinafter referred to as "Contract Documents") is the unity and integral part of this Contract:
a) Letter of Agreement; b) Letter of Offer the following Bill of Quantities and Prices; c) Special Terms of Contract; d) General Requirements Contract; e) Technical Specifications; f) Documents completeness of the election, such as Security Letters,
Letter of Appointment of the Servicer, and the News-Election Minutes; 4. Contract Documents prepared to explain each one another, and if there is a conflict between the provisions of a document with provisions in other documents shall prevail in the provision of high yanglebih documents in order of hierarchy in figure (3) above: 5. Rights and reciprocal obligations KDP and the Servicer is stated in the Contract, including in particular: (A) The Servicer is obligated to carry out work for the KDP Other Services in accordance with the provisions of the Contract; and (B) KDP is obliged to make payment to the Servicer in accordance with the provisions of the Contract; 6. This contract shall be effective as of the date set forth in Article 2.1 General Requirements / Special Contract with the start and completion of the entire work as stipulated in Article 2.2.2 and Article 2.3 General Requirements / Special Contract.
WITH SUCH, KDP and the Servicer has agreed to sign this contract on the date mentioned above and execute the Contract in accordance with the provisions of the legislation in force in the Republic of Indonesia.
For and on behalf of __________ KDP For and on behalf of Service Provider __________
[Signature and seal (if this original copy then paste it to Service Provider stamp Rp 6,000, -)]
[Full name] [Title]
[Signature and seal (if this original copy Commitment to Manufacturers Officials then glue stamp Rp 6,000, -)]
[Full name] [Title]
[If the Service Provider Partnership form column above signatories adjusted as follows and each member Partnerships should sign the letter Agreement:
For and on behalf of each member Partnership / Service Provider __________[ Behalf of the Partnership members]
[Signature, stamp, (if this original copy for project / work unit officials Manufacturer Commitment then paste the stamp duty USD 6.000, -). For quite a Partnership (A) stamp represents all members]
[Full name]
[Title]
[Title]
By:
Name: NUR Nunung AINI
Class: II B
NIM: 0932610020
Name: NUR Nunung AINI
Class: II B
NIM: 0932610020
COMMERCIAL ADMINISTRATION
MALANG STATE POLYTECHNIC
2010
MALANG STATE POLYTECHNIC
2010
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