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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
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(1)detailed test procedures:before the start of the commissioning, the supplier shall propose tothe buyer detailed performance test procedures which will specify, amongothers, (i)the operating data to be recorded for each unit and the mannerin which the operating data shall be taken and used in evaluating theperformance of the contract plant, (ii)the specific method of measuringindividual liquid, gas and solid streams, (iii)the test sampling methodand analytical procedures, and (iv)the evaluation method of all the datacollected during the performance test including all correction of errorand tolerance of measurements and analysis. the buyer and the suppliershall agree upon these detailed performance test procedures prior toconducting the performance test.
(2)performance test schedule:the performance test schedule shall be determined with due regard tothe actual progress of the works and condition of the contract plant.
4.2conditions for commencement of performance test
the performance test will be commenced when the following conditions
are satisfied from the viewpoint of the process design requirements:
(1)contract plant operation: the contract plant shall be operated at the normal operatingconditions shown on the applicable flow diagrams and in the operatingmanual. minor variations from the conditions indicated on the flowdiagrams and in the operating manual can be made at the discretion of thesupplier to obtain optimum process performance.
(2)instruments:a check of the contract plant instruments and analytical apparatusshows that they function properly.
(3)supply of raw materials and utilities by buyer:the contract plant is supplied with adequate and uninterruptedsupplies of raw materials and utilities by the buyer as required, at thebattery limitconditionsspecifiedinappendix7-2(technicalspecifications)to the agreement to permit a successful performance testto be completed.
(4)supply of _________:the contract plant is supplied by the buyer with adequate and timelysupplies of _________ and/or other consumables pursuant to appendix 7-2(technical specifications) to the agreement to permit a successfulperformance test to be completed.
(5)design basis:the buyer shall reconfirm the validity and accuracy of the designbasis (specified in appendix 7-2 (technical specifications) to theagreement)on which the supplier's process performance guarantees arebased.
(6)minor deviations:in the event of minor deviations from the design basis, the buyershall adjust with the prior approval of the supplier the operatingconditions of the contract plant within a range of sound operatingpractice to take care of such deviations.
(7)other deviations:if the deviation is of such nature that cannot be recovered byadjustment of the operating conditions, the supplier is relieved of theprocess performance guarantees specified herein to the extent that theyare affected by such deviations. in the event of such deviation, thesupplier shall provide new guarantees. these new guarantees shall beconsistent with the new specifications and conditions and satisfactory asa basis for demonstrating the performance of the contract plant.
(8)other conditions:any other conditions necessary for the commencement of the performance test as agreed between the buyer and the supplier have been satisfied.
4.3performance test
(1)notice of readiness to carry out performance test:when the supplier considers that the contract plant is ready for theperformance test and that all of the conditions stated in paragraph 4.2above have been fulfilled, then he shall give the buyer a notice ofreadiness to carry out the performance test.within _________ hours of the receipt of such notice, the buyer shall;(a)acknowledge that the contract plant is ready for the performancetest to be conducted, or(b)submit to the supplier a written statement setting forth in whichrespects the contract plant is not ready for such performance test.if the buyer considers that contract plant is not ready, then he shallspecify in writing the conditions preventing the start of the performancetest. the party who is responsible for such conditions shall rectify thedefault.the performance test shall be commenced as soon as the aboveconditions are corrected.
(2)performance test run:the performance test shall extend continuously over a (_________) hour period.
(3)two or more units:where the contract plant includes two or more individual process unitsfor which separate process performance guarantees are to be demonstrated,the performance test may be carried out individually on each of the unitsor simultaneously with any other unit or units.
(4)buyer's personnel:the performance test shall be carried out by the buyer's operatingpersonnel according to the instructions set forth in the supplieroperating manual and under the technical services of the supplier'sengineer.
(5)interruption of performance test due to supplier:if the performance test run is interrupted because of failure of thesupplier, the performance test shall be repeated. the results obtainedduring such an interrupted operation shall not be used for evaluation ofthe performance test.
(6)interruption of performance test due to buyer:if the performance test is interrupted because of failure of the buyerto comply with any of the conditions set forth in this appendix 5 (processperformance guarantees)and any other parts of the agreement or because ofimproper maintenance or operation on the part of the buyer,theperformance test shall be repeated but if it had been running for morethan _________ hours then the duration of the performance test before theinterruption may be credited to the performance test period and theresumed performance test will be continued for the remainder of theperformance test period.
(7)conditions for resumption:the conditions which have caused the interruption shall be correctedby the party who was responsible for the interruption. upon restoration ofthe steady and satisfactory performance test operating conditions, theperformance test shall be resumed.
(8)operating data:operating and analytical data recorded during the performance testshall be taken down by the buyer and made available to the supplier forevaluation.
(9)sampling and analysis:during the performance test, samples necessary for evaluation of theperformance of the contract plant shall be taken as often as the supplierand the buyer mutually agree.the samples shall include all streams which may be necessary to checkthe data from which the degree of compliance with the process performanceguarantees can be determined.the location and methods of sampling the streams shall be inaccordance with those as agreed between the parties hereto under paragraph4.1 (1)above.
(10)testing:testing of all samples shall be carried out by the buyer's laboratoryor an independent industrial laboratory acceptable to the parties heretoaccording to the analytical procedure as agreed between the parties heretounder paragraph 4.1 (1)above. the supplier's and the buyer's personnelmay have free access to the laboratory when the samples are tested and maycheck the test results.
4.4evaluation and report of performance test.
(1)evaluation of performance test data:evaluation of the performance test data including the operating andlaboratory data accumulated during, or as a part of, the performance testshall be done by the supplier within _________ days after the completion ofthe performance test.

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