国际技术转让加设备进口合同
10-15 21:07:03
来源:http://www.qz26.com 技术合同 阅读:8498次
导读:27.5except as provided in this article 27 (defect liability)andarticle 32 (loss or damagetoproperty/accidentorinjurytoworkmen/indemnification)hereof, the supplier shall be under no liabilitywhatsoever and howsoever arising, and whether under the contract or atlaw, in respect of defects in the contract plant or the equipment or anypart thereof, materials, design or engineering or work executed or errorsor mistakes in the technical documents or any part ther
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
27.5except as provided in this article 27 (defect liability)andarticle 32 (loss or damagetoproperty/accidentorinjurytoworkmen/indemnification)hereof, the supplier shall be under no liabilitywhatsoever and howsoever arising, and whether under the contract or atlaw, in respect of defects in the contract plant or the equipment or anypart thereof, materials, design or engineering or work executed or errorsor mistakes in the technical documents or any part thereof or in thetechnical services.
article 28.process performance guarantees
28.1process performance guarantees and performance test
the supplier guarantees that, during the performance test or anyrepeated run thereof, the contract plant shall attain the processperformance guarantees specified in appendix 5 (process performanceguarantees)hereto subject to and upon the conditions specified in thisarticle 28 (process performance guarantees)and the said appendix 5.
28.2preconditions
the process performance guarantees under article 28.1 (processperformance guarantees and performance test)above shall be expresslyconditioned upon the following being fully satisfied or fulfilled by or onbehalf of the buyer:
(a)any and all supplies and works (except for those falling withinthe supplier's scope of supplies and services under the contract), such asdesign of the contract plant (other than the equipment)and/or itsassociated facilities to be executed by or on behalf of the buyer,equipment, machinery and materials for the contract plant (other than theequipment)and/or its associated facilities to be supplied by or on behalfof the buyer, civil, building, erection, installation and commissioningworks and operation and maintenance of the contract plant and/or itsassociated facilities, shall be properly provided or performed by thebuyer and shall be in accordance with the requirements under the contract,the technical documents and the technical advice and instructions given bythe supplier's engineer under the contract.
(b)the buyer shall, during the commissioning and the performance testof the contract plant (including any repeated run thereof)provide, at itsown expense skilled and well-trained laborers andoperators,rawmaterials, lubricants, consumables, other materials and supplies, tools,testing and measuring devices and utilities in reasonably sufficientquantity with required quality, needed for proper execution of thecommissioning and the performance test (including any repeated runthereof), in accordance with the requirements under the contract, thetechnical documents and the technical advice and instructions given by thesupplier's engineer under the contract, and shall give the supplier'sengineer opportunities to check them in advance or at all reasonable timesduring the commissioning and the performance test (including any repeatedrun thereof). the supplier's engineer may reject such laborers andoperators, raw materials, lubricants, consumables, other materials andsupplies, tools, testing and measuring devices and utilities which thesupplier's engineer deems to be unsuitable, of insufficient quality, notsuitably prepared or otherwise inadequate for the commissioning or theperformance test (including any repeated run of said performance test).
(c)the performance test (including any repeated run thereof)shall becarried out by the buyer under the technical advice and instructions givenby the supplier's engineer under the contract, in accordance with suchprocedures programs, methods, testing conditions and other terms andconditions as provided for in the contract and in compliance with therelevant technical documents.
27.5except as provided in this article 27 (defect liability)andarticle 32 (loss or damagetoproperty/accidentorinjurytoworkmen/indemnification)hereof, the supplier shall be under no liabilitywhatsoever and howsoever arising, and whether under the contract or atlaw, in respect of defects in the contract plant or the equipment or anypart thereof, materials, design or engineering or work executed or errorsor mistakes in the technical documents or any part thereof or in thetechnical services.
article 28.process performance guarantees
28.1process performance guarantees and performance test
the supplier guarantees that, during the performance test or anyrepeated run thereof, the contract plant shall attain the processperformance guarantees specified in appendix 5 (process performanceguarantees)hereto subject to and upon the conditions specified in thisarticle 28 (process performance guarantees)and the said appendix 5.
28.2preconditions
the process performance guarantees under article 28.1 (processperformance guarantees and performance test)above shall be expresslyconditioned upon the following being fully satisfied or fulfilled by or onbehalf of the buyer:
(a)any and all supplies and works (except for those falling withinthe supplier's scope of supplies and services under the contract), such asdesign of the contract plant (other than the equipment)and/or itsassociated facilities to be executed by or on behalf of the buyer,equipment, machinery and materials for the contract plant (other than theequipment)and/or its associated facilities to be supplied by or on behalfof the buyer, civil, building, erection, installation and commissioningworks and operation and maintenance of the contract plant and/or itsassociated facilities, shall be properly provided or performed by thebuyer and shall be in accordance with the requirements under the contract,the technical documents and the technical advice and instructions given bythe supplier's engineer under the contract.
(b)the buyer shall, during the commissioning and the performance testof the contract plant (including any repeated run thereof)provide, at itsown expense skilled and well-trained laborers andoperators,rawmaterials, lubricants, consumables, other materials and supplies, tools,testing and measuring devices and utilities in reasonably sufficientquantity with required quality, needed for proper execution of thecommissioning and the performance test (including any repeated runthereof), in accordance with the requirements under the contract, thetechnical documents and the technical advice and instructions given by thesupplier's engineer under the contract, and shall give the supplier'sengineer opportunities to check them in advance or at all reasonable timesduring the commissioning and the performance test (including any repeatedrun thereof). the supplier's engineer may reject such laborers andoperators, raw materials, lubricants, consumables, other materials andsupplies, tools, testing and measuring devices and utilities which thesupplier's engineer deems to be unsuitable, of insufficient quality, notsuitably prepared or otherwise inadequate for the commissioning or theperformance test (including any repeated run of said performance test).
(c)the performance test (including any repeated run thereof)shall becarried out by the buyer under the technical advice and instructions givenby the supplier's engineer under the contract, in accordance with suchprocedures programs, methods, testing conditions and other terms andconditions as provided for in the contract and in compliance with therelevant technical documents.
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Tag:技术合同,技术开发合同,技术咨询合同,合同范本 - 技术合同
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