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
23.6if any equipment fails to pass any test and/or inspection， thesupplier shall either rectify or replace such equipment and shall repeatthe test and/or inspection upon giving a notice under article 23.3 above.
23.7if any dispute or difference of opinion shall arise between theparties in connection with or arising out of the test and/or inspection ofthe equipment which cannot be settled between the parties within areasonable period of time， it may be referred to an expertfordetermination in accordance with article 7.2 （reference to expert）hereof.if such dispute or difference is referred to an expert， the buyer shallgive instructions as to whether or not and， if so， how the works are toproceed. the supplier shall proceed with the works in accordance with thebuyer's instructions， provided that if the expert upholds the supplier'sargument and if no notice has been given by the buyer under article 7.2.3hereof， then the supplier shall be reimbursed by the buyer for anyadditional costs incurred by reason of such instructions and shall berelieved of such responsibility or liability in connection with thedispute and the execution of the instructions as the expert shall decideand the time for delivery shall be extended accordingly.
23.8the supplier shall afford the buyer， at the latter's expense，access at any reasonable time to any place where the equipment are beingmanufactured in order to inspect the progress and the mannerofmanufacture， provided that the buyer shall give the supplier a reasonableprior notice.
23.9the supplier agrees that neither the execution of a test and/orinspection of the equipment， nor the attendance by the buyer's inspectornor the issue of any test certificate pursuant to article 23.4 above shallrelease the supplier from any other responsibilities under the contract.
23.10the buyer shall conduct open package inspection on the equipmentafter its arrival at the contract plant and shall prepare inspectionrecord and inspection report. in case the law of the buyer's countryrequires mandatory inspection， the buyer shall arrange an authoritativeinspection institution for mandatory inspection to issue an inspectioncertificate. the expenses thus incurred shall be borne by the buyer.the said authoritative inspection institution in the buyer's countryshall be _________.
23.11the supplier shall be entitled at his own expense to send hisinspectors or inspectors of the notary third party organization （hereincollectively referred to as supplier's inspector）to take part in the openpackage inspection. the buyer shall inform the supplier of the date ofrespective open package inspection in due time and render assistance tothe supplier's inspectors in arranging the entry visas.
23.12in case the supplier's inspectors are unable to join therespective open package inspection due to reason attributable to thesupplier， the buyer shall have the right to proceed the relevant openpackage inspection independently or to invite the authoritative inspectioninstitution to perform open package inspection.
23.13should any shortage， defect， damage of the equipment or improperpackage be found in open package inspection， detailed record shall be madeand signed by the representatives of both parties. in case the supplier'sresponsibility is ascertained， the said record shall be taken as aneffective evidence for the buyer to claim replacement， repairorsupplement. in case the buyer's responsibility is ascertained， thesupplier shall make replacement， repair or supplement at the earliest timepossible at the buyer's expense.
23.14if the buyer considers that the inspection of the equipment bydisassembling thereof is necessary， thebuyermayperformsuchdisassembling inspection， provided that the buyer and the supplier shallmutually agree to such inspection in advance， the supplier's engineer（s)may witness such inspection and the buyer shall perform such inspection inaccordance with the relevant technical documents supplied by the supplierat that time.however， in any event the following equipment shallnotbedisassembled:;instrument equipment;electrical equipment;rotating equipment; computer.
23.15after the open-package inspection， the buyer shall properlyre-pack and store the equipment in accordance with the instructions of thesupplier's engineer（s).
23.16the open package inspection shall not release the supplier fromdefect liability under article 27 （defect liability）hereof.
article 24.erection and precommissioning
24.1the erection and the precommissioning shall be carried out bythe buyer with the supplier's technical services in accordance withappendix 7-5 （the supplier's engineer's technical services and workingconditions).
the supplier shall provide the technical services on theerection and the precommissioning of the contract plant. the supplier'sengineer shall give detailed explanation of methods and requirements ofthe erection and the precommissioning to the buyer's personnel who aretaking part in the erection and the precommissioning. the importanttechnical explanation shall be given in written form.
each party shall nominate within sixty （60）days before thebeginning of the erection， one general representative to deal with allmatters in connection with the works at the contract plant during theperiod from erection up to the acceptance of the contract plant. suchsupplier's general representative shall arrive at the contract plant_________ day prior to the beginning of the erection. thegeneralrepresentatives of both parties shall fully cooperate to prepare workingschedule and to analyze the problems and difference， which are to beclarified and solved through friendly consultation. further descriptionwith regard to the general representatives of the buyer and the supplierat the contract plant are referred to in appendix 7-5 （the supplier'sengineer's technical services and working conditions）hereto.
24.2as soon as the contract plant has， in the opinion of the buyerand the supplier， been completed mechanically and structurally and put ina tight and clean condition， the supplier and the buyer shall confirmcompletion of the erection in writing.
24.3within seven （7）days after the confirmation of completion of theerection under article 24.2 above the buyer shall supply the operating andmaintenance personnel specified in appendix 7-1 （scope of works andsupply）hereto for the precommissioning of the contract plant.
pursuant to appendix 7-1 （scope of works and supply）hereto， the buyershall also provide， within the said seven （7）day period， the rawmaterials， utilities， lubricants， chemicals，catalysts，facilities，services and other matters required for the precommissioning of thecontract plant.
24.4as soon as is reasonably practicable after the operating andmaintenance personnel have been supplied by the buyer and the rawmaterials， utilities， lubricants， chemicals， catalysts， facilities， andservices and other matters have been provided by the buyer in accordancewith article 24.3 above， the buyer shall commence the precommissioning ofthe contract plant in preparation for the commissioning.
24.5within seven （7）days after all works in respect of theprecommissioning are completed and， in the opinion of the buyer and thesupplier， the contract plant is ready for the commissioning， the buyer andthe supplier shall confirm the readiness for the commissioning in writing.

上一页  [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32]  下一页

，国际技术转让加设备进口合同