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
36.2the supplier may from time to time during its performance of thecontract propose to the buyer any change which the supplier considersnecessary or desirable to improve the quality， efficiency or safety of theworks. the buyer may at its discretion approve or reject any changeproposed by the supplier， provided that the buyer shall approve any changeproposed by the supplier to ensure the safety of the works.
36.3notwithstanding articles 36.1 and 36.2 above， no change madenecessary due to any default of the supplier in the performance of itsobligations under the contract shall be deemed to be a change and suchchange shall not result in any adjustment of the contract price or thetime for delivery.
36.4if either party proposes a change pursuant to articles 36. 1 and36.2 above， the supplier shall prepare and furnish to the buyer as soon asreasonably practicable a written statement setting out full details of anysuch change， the reasons therefor if proposed by the supplier， the worksand/or work required or no longer required， an estimate of the increase ordecrease in the contract price， any requisite adjustment to the time fordelivery， and any proposed modifications to the contract and/or any effectsuch change would have on the works and/or on any other provisions of thecontract if the contemplated change is effected， as the case may be.
36.5if， in the case of a change proposed by either the buyer or thesupplier， the buyer and the supplier reach agreement on all mattersidentified in the written statement furnished by the supplier pursuant toarticle 36.4 above within a reasonable time thereafter， then the buyershall issue a change order giving effect thereto （hereinafter called"change order"). such change order shall contain full particulars of thechange， any adjustment of the contract price and/or the time for deliveryand all other modifications to the contract and shall be signed by thebuyer and the supplier. such change shall thereupon be deemed to form partof the works.
36.6the supplier may object to any change requested by the buyerwhere the aggregate effect of compliance therewith and with all otherchange orders which have already become binding upon the supplier underthis article 36 would be to increase or decrease the contract price asoriginally set forth in article 12 （contract price and technical servicefee）hereof by more than fifteen per cent， provided， however， that theaddition to the contract price of the priceforanynominatedsub-contractor under article 20.2 （nominated sub-contractor（s)）hereofshall not be counted for this purpose. the supplier may give a notice ofobjection thereto prior to furnishing the written statement pursuant toarticle 36.4 above. if the buyer accepts the supplier's objection， thebuyer shall withdraw the proposed change and notify the supplier inwriting thereof.
the supplier's failure so to object shall neither affect its right toobject to any subsequent requested changes or change orders hereunder， noraffect its right to take into account， when making such subsequentobjection， the percentage increase or decrease in the contract price whichany change not objected to by the supplier represents.
36.7if the supplier fails to furnish the statement referred to inarticle 36.4 above within a reasonable period or， if the buyer， afternegotiation with the supplier， does not agree within a reasonable periodto the amount of the increase or decrease in the contract price， theadjustment of the time for delivery， and/or any other modification to thecontract proposed by the supplier or to the supplier's entitlement toobject to the change under article 36.6 above， the buyer shall have theright to decide whether or not to effect such change， irrespective ofwhether such change has been proposed under article 36.1 or article 36.2above. the buyer may issue a written instruction to the supplier to carryout the change pending agreement on such matters with the supplier.

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