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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
导读:the relevant disputes or differences which may be referred to suchexpert shall include a dispute or difference:(a)that may arise concerning approval of design provided in article21 (design and engineering)hereof; or(b)that may arise concerning a change in the works provided inarticle 36 (change in works)hereof, including the grant of an extensionof time, extra payment to the supplier and any amendment or modificationto the supplier; or(c)that may arise con
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
the relevant disputes or differences which may be referred to suchexpert shall include a dispute or difference:
(a)that may arise concerning approval of design provided in article21 (design and engineering)hereof; or
(b)that may arise concerning a change in the works provided inarticle 36 (change in works)hereof, including the grant of an extensionof time, extra payment to the supplier and any amendment or modificationto the supplier; or
(c)that may arise concerning the valuation of any additional cost orexpense incurred by the supplier and/or any additional time required as aresult of the suspension provided in article 38 (suspension)hereof; or
(d)that may arise concerning the certification of sums allegedly dueto the supplier; or
(e)that may arise concerning the results of test and/or inspectionprovided in article 23 (test and inspection)hereof; or
(f)that may arise as to whether time for delivery under article 22(supply and delivery)hereof is attained, whether the buyer's failure toissue an acceptance certificate under article 25. 3 (acceptance)hereof isjustified, or what extensions of time under article 37 (extension of timefor delivery)hereof should be given; or
(g)any other dispute or difference which the parties specificallyagree from time to time to refer to the expert.
7.2.2the expert shall inform the parties of his decision in writingwithin thirty (30)days of the closing of submissions made to him by theparties and in any event within sixty (60)days of the date of hisappointment.
7.2.3if either party is not satisfied with a decision by the expertas provided in article 7.2.2 above, such party may within fourteen (14)days after receipt of such decision give a notice to the other partystating that it will not abide by such decision. in this case, suchdispute or difference may be referred to and finally settledbyarbitration pursuant to article 7.1 (arbitration)hereof.
if neither party gives such notice to the other party within fourteen(14)days after receipt of such decision, such decision shall become finaland binding on the parties.
7.2.4unless the parties agree otherwise, the proper fees and costs ofthe expert shall be shared equally by the parties.
7.2.5if any dispute or difference is referred to an expert hereunder,neither party shall refer such dispute or difference to arbitration untileither (a)the expert fails to produce a determination within the periodstipulated at article 7.2.2 above or (b)one party gives a notice to theother party pursuant to article 7.2.3 above.
7.3notwithstanding any reference to an expert or arbitrationhereunder,(a)the parties shall continue to perform their respective obligationsunder the contract unless the parties otherwise agree; and(b)the buyer shall pay to the supplier any monies due and owing tothe supplier.
article 8.scope of works
8.1general
the supplier's obligations cover the grant of license for use of theproduction technology and know-how, the performance of the basic designand detailed design, procurement and supply of the equipment including thespare parts thereof, the provision of the technical services and trainingand the performance of other associated work and services for and relatingto the contract plant, all as specifically set forth and limited to inappendix 7-1 (scope of works and supply)hereto. the supplier shallprovide the services of engineers, designers and other persons necessaryfor the performance of the works and shall proceed to and pursue thecompletion of the works in accordance with the plans, procedures,specifications, drawings, codes and standards and any other documents asspecified in appendix 7-2 (technical specifications)hereto.

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