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 25.commissioning and acceptance
25.1commissioning
25.1.1the commissioning of the contract plant shall be performed bythe buyer immediately after the confirmation of the readiness for thecommissioning under article 24.5 hereof. the commissioning period shall be_________ months after commencement of the commissioning.
25.1.2during the commissioning， the buyer shall supply the operatingand maintenance personnel，rawmaterials，utilities，lubricants，chemicals， catalysts， maintenance tools， laboratory， testing facilities，facilities， services and other matters required for the operation of thecontract plant as specified in appendix 7-1 （scope of works and supply)hereto.
25.1.3during the commissioning， the supplier's engineer shall providethe buyer's engineer with the technical services in accordance withappendix 7-5 （the supplier's engineer's technical services and workingconditions）hereto.
25.1.4all the sampling and analytical tests during the commissioningperiod shall be done at the presence of the representatives of bothparties and the detailed record shall be made. the supplier's engineer，shall have the right to access to the laboratory and testing facilitiesfor sampling and analyzing.
25.1.5during the commissioning period， the buyer's stored spare partsshall be used for the replacement of defective equipment， if any. shouldthe spare parts be used due to supplier's reason， they shall bereplenished by the supplier in time.
25.1.6when the buyer and the supplier consider that the contractplant has been operated under stable conditions， the buyer and thesupplier shall confirm that the contract plant is ready fortheperformance test.
25.2performance test
25.2.1immediately after the confirmation under article 25.1. 6 above，the performance test （and repeated run thereof）shall be conducted by thebuyer during the commissioning of the contract plant to ascertain whetherthe contract plant can attain the process performance guarantees specifiedin appendix 5 （process performance guarantees）hereto in accordance witharticle 28 （process performance guarantees）hereof.
25.2.2if， for reasons not attributable to the supplier， theperformance test of the contract plant cannot be successfully completedwithin _________ months from date of the last major shipment， the suppliershall be deemed to have fulfilled its obligations with respect to theprocess performance guarantees specifiedinappendix5（processperformance guarantees）hereto and articles 28.3 and 28.4 hereof shall notapply.
25.2.3during the performance test， the supplier's engineer shallprovide the buyer's engineer with the technical servicesontheperformance test of the contract plant in accordance with appendix 7-5（the supplier's engineer's technical services and working conditions)hereto.
25.2.4any performance test shall be carried out in accordance withthe standards， methods， conditions， procedures and orders which arespecified in appendix 5 （process performance guarantees）hereto， as wellas the technical advice and instructions of the supplier's engineer asspecified in appendix 7-5 （the supplier's engineer's technical servicesand working conditions）hereto.all guarantee figures to be tested are specified in appendix 5（process performance guarantees）hereto. the performance test shall becompleted in _________ days.
25.2.5the progress and the result of the performance test shall berecorded in detail by both parties. within three days after the completionof the performance test， the said report of the performance test shall beconfirmed and signed by the representatives of the buyer and the supplier.
25.3acceptance
25.3.1acceptance shall occur in respect of the contract plant when:
（a）the performance test has been successfully completed and theprocess performance guarantees specifiedinappendix5（processperformance guarantees）hereto are met; or
（b）the performance test has not been successfully completed forreasons not attributable to the supplier within _________ months from the
date of the last major shipment as specified in article 25. 2.2 above; or
（c）the supplier has paid the liquidated damages specified in article28.4 （failure to meet performance guarantees）hereof;
25.3.2at any time after any of the events set out in article 25.3.1above has occurred， the supplier may give a notice to the buyer requestingthe issue of an acceptance certificate in respect of the contract plant asat the date of such notice.
25.3.3the buyer shall within seven （7）days after receipt of the supplier's notice issue such acceptance certificate.
25.3.4if， within seven （7）days after receipt of the supplier' snotice， the buyer fails to issue the acceptance certificate or fails toinform the supplier in writing of the justifiable reasons why the buyerhas not issued the acceptance certificate， the contract plant there of shall be deemed to have been accepted as at the date of the supplier'ssaid notice.
article 26.delivery time guarantee
26.1delivery time guarantee the supplier guarantees that it shall deliver to the buyer;
（a）each such basic lot of the equipment within such corresponding time for delivery， as referred to in article 22.2.1 hereof and finallyfixed in the final delivery schedule pursuant to article 22.2.3 hereof，and
（b）each such basic item of the technical documents whose time fordelivery is guaranteed as specified in appendix 7-4 （time schedule）heretowithin the corresponding time for delivery specified therein，subject， however， to any extension of each such time for delivery towhich the supplier shall be entitled under article 37 （extension of timefor delivery）hereof.
26.2late delivery of equipment
if the supplier fails to deliver to the buyer any portion of the equipment included in such a basic lot within such corresponding time fordelivery， as specified in article 26.1 （delivery time guarantee）above orany extension thereof under article 37 （extension of time for delivery)hereof， the supplier shall pay to the buyer liquidated damages for eachsuch delayed portion of the equipment at the following rates for everyweek of delay， providing that fractions of four days or more shall becounted as one week and fraction（s）of less than four days shall beomitted:
（a）for the first four weeks of delay:_________ per cent （_________%）of the invoiced amount of the delayedportion of the equipment per week;
（b）for the second four weeks of delay following the first four weeksof delay:_________ per cent （_________%）of the invoiced amount of the delayedportion of the equipment per week;
（c）for the ninth and subsequent week（s）of delay:_________ per cent （_________%）of the invoiced amount of the delayedportion of the equipment per week;
such monies shall be paid as liquidated damages and not as a penalty.the total aggregate amount of such liquidated damages shall in no eventexceed _________ per cent （_________%）of the contract price for theequipment specified in article 12 （contract price and technical servicefee）hereof.
26.3late delivery of technical documents
if the supplier fails to deliver to the buyer any basic item of thetechnical documents specified in appendix 7-4 （time schedule）hereto whosetime for delivery is guaranteed under article 26.1 （delivery timeguarantee）above within the corresponding time for delivery specified inappendix 7-4 （time schedule）hereto or any extension thereof under article37 （extension of time for delivery）hereof， the supplier shall pay to thebuyer liquidated damages for each such delayed basic item of the technicaldocuments at the following rates for every week of delay， providing thatfractions of four days or more shall be counted as one week andfraction（s）of less than four days shall be omitted:

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