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,标签：技术开发合同,技术咨询合同,http://www.qz26.com
（a）the supplier shall promptly and at its cost reperform thetechnical services related to such erroneous or mistaken written technicaladvice or instructions and repair， replace or otherwise make good （as thesupplier shall at its discretion determine）any such defect in， or anysuch damage to， the equipment or any part thereof， as caused by the saiderror or mistake in the written technical advice or instructions， subjectto the same conditions as set forth in articles 27.2.1 through 27.2.7above inclusive， or
（b）the supplier shall be liable for， and pay to the buyer， reasonabledirect cost incurred by the buyer in repairing， replacing or otherwisemaking good （as the supplier shall at its discretion determine）any suchdefect in， or any such damage to， any part of the contract plant otherthan the equipment supplied， or the works for the contract plant executed，by or on behalf of the buyer， as caused by the said error or mistake inthe written technical advice or instructions， providing that the laborcosts included therein shall be calculated based on the local costsincurred in the country in which the contract plant is to be constructed.
provided that the supplier shall not be responsible for the technicalservices related to any such erroneous or mistaken written technicaladvice or instructions as caused by inaccurate drawings， dataorinformation furnished to the supplier by the buyer and for any defect in，or damage to， any part of the contract plant or the works for the contractplant executed by or on behalf of the buyer or any other loss or damageincurred by the buyer， arising out of or resulting from any such error ormistake in the written technical advice or instructions given by thesupplier's engineer as caused by inaccurate drawings， data or informationfurnished to the supplier by the buyer， or any failure on the part of thebuyer to fully comply with the written technical advice or instructionsgiven by the supplier's engineer， or any performance by the buyer withoutattendance of the supplier's engineer of any procedure， test， program orwork which are subject to the attendance of the supplier's engineer underthe contract.
27.4.2the buyer shall give the supplier a notice stating the natureof any error or mistake in the aforesaid written technical advice orinstructions given by the supplier's engineer and of any such defect in，or any such damage to， any part of the equipment or any part of thecontract plant other than the equipment supplied， or the works for thecontract plant executed， by or on behalf of the buyer， as caused by thesaid error or mistake in the written technical advice or instructionsgiven by the supplier's engineer， promptly following the discoverythereof. the buyer shall afford all reasonable opportunity for thesupplier to inspect any such defect or damage.
27.4.3notwithstanding anything to the contrary provided in thecontract， the aggregate liability of the supplier to the buyer arising outof or in connection with the technical services under this article 27.4（defect liability for technical services)， except for the liability of thesupplier to reperform the technical services related to the erroneous ormistaken written technical advice or instructions and to repair， replaceor otherwise make good any defect in， or any damage to， any part of theequipment under article 27.4.1 above， shall not exceed _________ per cent（_________%）of the total sum of the technical service fee which thesupplier shall have received from the buyer.

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