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国际技术转让加设备进口合同

国际技术转让加设备进口合同

01-30 00:46:16  浏览次数:498次  栏目:技术合同
标签:技术开发合同,技术咨询合同,http://www.qiuzhi56.com 国际技术转让加设备进口合同,http://www.qiuzhi56.com
article 8.scope of works
8.1general
the supplier's obligations cover the grant of license for use of theproduction technology and know-how, the performance of the basic designand detailed design, procurement and supply of the equipment including thespare parts thereof, the provision of the technical services and trainingand the performance of other associated work and services for and relatingto the contract plant, all as specifically set forth and limited to inappendix 7-1 (scope of works and supply)hereto. the supplier shallprovide the services of engineers, designers and other persons necessaryfor the performance of the works and shall proceed to and pursue thecompletion of the works in accordance with the plans, procedures,specifications, drawings, codes and standards and any other documents asspecified in appendix 7-2 (technical specifications)hereto.
8.2equipment and spare parts
the supplier agrees to procure, inspect and expedite the equipment fordelivery fob vessels at ports of shipment (or cif ocean ports ofdestination)in accordance with the terms of article 22.2 (delivery)hereof.
within the contract price for the equipment specified in article 12(contract price and technical service fee)hereof, the supplier agrees tosupply as a part of the equipment those spare parts as required for theerection, installation and the commissioning of the equipment up to theacceptance as per the list of the spare parts specified in appendix 7-1(scope of works and supply)hereto. the supplier shall procure, inspect,expedite and deliver these spare parts in the same manner as specified for the equipment in accordance with the terms of the contract.
8.3spare parts for operation
in addition to the stipulations in article 8.2 (equipment and spareparts)above, the supplier also agrees to supply spare parts required forthe operation and maintenance of the equipment for the period specified inappendix 7-1 (scope of works and supply)hereto. however, the buyer shallpay to the supplier the price of such spare parts, including other costsand expenses relating to the supply of the same, in addition to thecontract price for the equipment specified in article 12.1.1 hereof. suchprice and other terms and conditions for the supply of such spare partsshall be separately agreed in writing between the buyer and the supplierwhen the identity, specifications and quantities of the said spare partshave been determined between the buyer and the supplier.
8.4technical documents
the supplier agrees to prepare and submit to the buyer the technicaldocuments as per the list of the technical documents as specified inappendix 7-1 (scope of works and supply)hereto in accordance with theterms of the contract.
8.5technical services
the supplier agrees to provide the technical services at the contractplant as specified in appendix 7-5 (the supplier's engineer's technicalservices and working conditions)hereto in accordance with the terms ofthe contract.
8.6training
the supplier shall be responsible for conducting the training of thebuyer's operating and maintenance personnel as specified in appendix 7-1(scope of works and supply)hereto. the maximum number of man-months,places and periods of training and the responsibility for associated costsand expenses are as specified in appendix 7-1 (scope of works and supply)hereto. all other conditions including the program for and nature of thetraining shall be agreed between the buyer and the supplier.
article 9.supplier's manner of execution of works
9.1the supplier shall execute and complete the works with due careand diligence in accordance with the contract.
9.2the supplier shall comply with all laws in force in the countrywhere the works are carried out, whether national, provincial, municipalor otherwise, affecting the performance of the contract and binding uponthe supplier. the supplier shall indemnify and hold harmless the buyerfrom and against any and all liabilities, damages, claims, fines,penalties and expenses of whatever nature arising out of or resulting fromthe violation of such laws by the supplier or its personnel, including thesub-contractors and their personnel but without prejudice to article 10. 1(information and data)below.
article 10.buyer's responsibilities
10.1information and data
the buyer shall provide the supplier with all information and data asmay be required by the supplier concerning the basic design of thecontract plant as specified in appendix 7-1 (scope of works and supply)hereto. the buyer shall ensure the correctness and exactitude of all suchinformation and/or data except where otherwise expressly stated in thecontract.
10.2design and documents
the buyer shall provide such design, drawings and/or. documents forthe contract plant (other than those provided by the supplier)asspecified in appendix 7-1 (scope of works and supply)hereto and shallobtain the supplier's consent to them before the buyer proceeds furtherwith its works. upon request by the supplier, the buyer shall allow thesupplier to have access to other buyer's works for review by the supplier.
10.3equipment and materials
the buyer shall procure and supply all equipment, materials andfacilities required for the contract plant except for the equipmentsupplied by the supplier pursuant to appendix 7-1 (scope of works andsupply)hereto. the buyer shall obtain all necessary import permits andtake delivery of all the equipment including spare parts to be supplied bythe supplier at the designated point of fob (or at the designated oceanports of destination in case of cif)and undertake all import clearanceand subsequent transportation thereof to the contract plant.
10.4construction and commissioning
the buyer shall be responsible for all the civil works, construction,erection, testing, the precommissioning, the commissioning and operationof the contract plant in accordance with the technical documents and underthe relevant technical services to be rendered by the supplier asspecified in appendix 7- 5 (the supplier's engineer's technical servicesand working conditions)hereto.
10.5cost and expenses
the buyer shall execute and complete its work and services at its owncost and with due care and diligence in accordance with the contract.
article 11.time schedule
11.1without prejudice to article 26 (delivery time guarantee)hereof,the supplier shall proceed with the works in accordance with the timeschedule specified in appendix 7-4 (time schedule)hereto subject to anyextension under article 37 (extension of time for delivery)hereof. thebuyer shall also proceed with its work in accordance with the timeschedule as specified in appendix 7-4 (time schedule)hereto.
article 12.contract price and technical service fee
12.1the buyer hereby agrees to pay to the supplier the contract priceand the technical service fee in consideration of the performance by thesupplier of its obligations hereunder, as specified below:
12.1.1the contract price shall be _________ (currency).the breakdown of the contract price is as follows;
(1)paid up license fee(2)total design fee 1)basic design fee 2)detail design fee 3)total(3)price of equipment
the detail breakdown of the contract price is as specified inappendix-i (breakdown of contract price)hereto.

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