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
subject to the provisions of the contract， the supplier shall besolely responsible for the manner in which the works are performed. allemployees， representatives or sub-contractor engaged by the supplier inconnection with the performance of the contract shall be under thecomplete control of the supplier and shall not be deemed to be employeesof the buyer， and nothing contained in the contract or in any sub-contractawarded by the supplier shall be construed to create any contractualrelationship between any such employees， representatives or sub-contractorand the buyer.
3.9non-waiver
3.9.1subject to article 3.9.2 below， no relaxation， forbearance，delay or indulgence by either party in enforcing any of the terms andconditions of the contract or the granting of time by either party to theother shall prejudice， affect or restrict the rights of that party underthe contract， nor shall any waiver by either party of any breach of thecontract operate as a waiver of any subsequent or continuing breach of thecontract.
3.9.2any waiver of a party's rights， powers or remedies under thecontract must be in writing， dated and signed byanauthorizedrepresentative of the party granting such waiver， and must specify theright and the extent to which it is being waived.
3.10severability
if any provision or condition of the contract is prohibited orrendered invalid or unenforceable， such prohibition， invalidityorunenforceability shall not affect the validity or enforceability of anyother provisions and conditions of the contract.
article 4.effective date
4.1the contract shall enter into full force and effect on the date
when all of the following conditions have been fulfilled:
（a）this agreement has been duly executed for and on behalf of thebuyer and the supplier;
（b）acquisition by the supplier of an export licence from itsgovernment authorities;
（c）acquisition by the buyer of an import licence from its governmentauthorities;
（d）issue of the letter of credit and the letter of guarantee asspecified in article 13 （terms of payment）hereof;
each party shall use its best efforts to fulfill the above conditionsfor which it is responsible as soon as practicable.

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4.2if the contract has not become effective pursuant to article 4.1above within _________ months from the date of signing this agreement due toreasons not attributable to the supplier， the parties shall discuss andagree on an equitable adjustment to the contract price and the time fordelivery and/or other relevant conditions of the contract.
article 5.notices
5.1all notices to be given under the contract shall be sent to thebuyer or the supplier， as the case may be， at the address set forth below:_________to the buyer:_________attention:_________ to the supplier: _________ attention:_________
unless otherwise stated in the contract， all notices to be given underthe contract shall be in writing， and sent by personal delivery， airmailpost， special courier， cable， telegraph， telex， facsimile or electronicdata interchange （edi）to the address of the relevant party set out above，provided that:
5.1.1any notice sent by cable， telegraph， telex， facsimile or edishall be confirmed within two （2）days after dispatch by notice sent byairmail post or special courier， except as otherwise specified in thecontract.
5.1.2any notice sent by airmail post or special courier shall bedeemed （in the absence of evidence of earlier receipt）to have beendelivered ten （10）days after dispatch and in proving the fact of dispatchit shall be sufficient to show that the envelope containing such noticewas properly addressed， stamped and conveyed to the postal authorities orcourier service for transmission by airmail or special courier.

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