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
（a）improper design， engineering， storage， transportation， handling，installation， erection， operation or maintenance of the contract plant byor on behalf of the buyer
（b）any defect or deficiency in the equipment， machinery， materialsand other supplies for the contract plant supplied by or on behalf of thebuyer
（c）operation of the contract plant outside the specificationsprovided in the contract
（d）failure on the part of the buyer to follow and conform to thetechnical documents and other recommendations， advice and instructionsprovided by the supplier or the supplier's engineer under the contract
（e）erosion or corrosion
（f）normal wear and tear
27.2.2the supplier's obligations under this article 27.2 （defect liability for equipment）shall not apply to;
（a）any equipment， machinery， material， and other supply which are supplied by or on behalf of the buyer under article 10.3 hereof，
（b）any part of the equipment which are normally consumed in operation or which have a normal life shorter than the defect liability period，
（c）any design， specification or other data designated， supplied orspecified by or on behalf of the buyer or any matter for which thesupplier has disclaimed responsibility hereunder， or
（d）any other material supplied or any work executed by or on behalfof the buyer， except for the work executed by the buyer under article27.2.6 below.
27.2.3the buyer shall give the supplier a notice stating the natureof any such defect together with all available evidence thereof promptlyfollowing the discovery thereof. the buyer shall afford all reasonableopportunity for the supplier to inspect any such defect.
27.2.4the buyer shall afford the supplier all necessary access to thecontract plant to enable the supplier to perform its obligations underthis article 27.2 （defect liability for equipment).
the supplier may with the consent of the buyer remove from thecontract plant the equipment or any part thereof which is defective if thenature of the defect and/or any damage to the equipment caused by thedefect is such that repairs cannot be expeditiously carried out at thecontract plant.
27.2.5if the repair or replacement or making good is of such acharacter that it may affect the efficiency of the equipment or any partthereof， the buyer may give to the supplier a notice requiring that testsshall be made by the supplier of the defective part of the equipmentimmediately on completion of such remedial work whereupon the suppliershall carry out such tests.
if such part fails the tests， the supplier shall carry out furtherrepair， replacement or making good （as the case may be）until that part ofthe equipment passes such tests. the tests shall be agreed by the buyerand the supplier.
27.2.6if the supplier fails to commence the work necessary to remedysuch defect or any damage to the equipment caused by such defect within areasonable time， the buyer may carry out such work in a reasonable manner，and the reasonable direct costs incurred by the buyer in connectiontherewith shall be paid to the buyer by the supplier， providing that thelabor costs included in such costs shall be calculated based on the localcosts incurred in the country in which the contract plant is to beconstructed.
27.2.7if the equipment or any part thereof cannot be used by reasonof such defect and/or making good of such defect， the defect liabilityperiod of the equipment or such part， as the case may be， shall beextended by a period equal to the period during which the equipment orsuch part cannot be used by the buyer due to any of the aforesaid reasons.

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