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
if an agreement is not reached between the buyer and the supplierwithin sixty （60）days after the buyer's instruction to carry out thechange， concerning the increase or decrease in the contract price and allof the other matters described above， either party may refer the disputeto an expert pursuant to article 7.2 （reference to expert）hereof.
36.8if the buyer requests a change and subsequently decides not toorder such change， the supplier shall be entitled to reimbursement of allcosts incurred by it for the work involved in preparing the statementreferred to in article 36.4 above， provided that the supplier has given aprior notice to the buyer of the approximate costs it will incur and itsintention to claim reimbursement thereof， and the buyer has agreed thatthe supplier should proceed with the preparation of the statement on thisbasis.
article 37.extension of time for delivery
37.1the time for delivery shall be extended if the supplier shall bedelayed or impeded in the performance of any of its obligations under thecontract by reason of any of the following:
（a）any change in the works as provided in article 36 （change inworks）hereof; or
（b）any occurrence of force majeure as provided in article 35 （force majeure）hereof; or
（c）any suspension order given by the buyer under article 38（suspension）hereof or reduction in the rate of progress pursuant toarticle 38，2 hereof;
（d）any default or breach of the contract by the buyer or anyactivity， act or omission of any other contractors employed by the buyer;or
（e）any other matter specifically mentioned in the contract;
by such period as shall be fair and reasonable in allthecircumstances and as shall fairly reflect the delay or impedimentsustained by the supplier.
37.2except where otherwise specifically provided elsewhere in thecontract， the supplier shall submit to the buyer a notice of a claim foran extension of the time for delivery， together with particulars of theevent or circumstance justifying such extension as soon as reasonablypracticable after the commencement of such event or circumstance. as soonas reasonably practicable after receipt of such notice and supportingparticulars of the claim， the buyer and the supplier shall agree upon theperiod of such extension， failing which either party may refer the disputeto an expert pursuant to article 7.2 （reference to expert）hereof.
37.3the supplier shall at all times use its reasonable efforts tominimize any delay in the performance of its obligations under thecontract.
article 38.suspension
38.1the buyer may by notice to the supplier order the supplier tosuspend performance of all or any of its obligations under the contract.such notice shall specify the obligation of which performance is to besuspended， the effective date of the suspension and the reasons therefor.the supplier shall thereupon suspend performance of such obligation（except those obligations which are necessary for the care or preservationof the works）until ordered in writing to resume such performance by thebuyer.
if， by virtue of a suspension order given by the buyer， otherwise thanby reason of the supplier's default or breach of the contract， thesupplier's performance of any of its obligations is suspended for anaggregate period of more than ninety （90）days， then at any timethereafter and provided that at that time such performance is stillsuspended， the supplier may give a notice to the buyer requiring that thebuyer shall， within twenty-eight （28）days of receipt of the notice，either order the resumption of such performanceorrequestandsubsequently order a change in accordance with article 36 （change inworks）hereof excluding the performance of the suspended obligations fromthe contract. if the buyer fails so to do within such period， the suppliermay， by a further notice to the buyer， elect to treat the suspension，where it affects a part only of the works， as a deletion of such part inaccordance with article 36 （change in works）hereof or， where it affectsthe whole of the works， as termination of the contract under article 39.1（termination for buyer's convenience）hereof.

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