国际技术转让加设备进口合同
10-15 21:07:03
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导读:30.2the supplier shall in no event be liable to the buyer by way ofindemnity or by reason of any breach of the contract or in tort orotherwise for loss of or damage to any facility, equipment, machinery ormaterial other than the contract plant and for loss of use of the contractplant and/or its associated facilities or any part thereof or for loss ofproduction, loss of profit or loss of any contract, or for any indirect,special or consequential loss or dam
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
30.2the supplier shall in no event be liable to the buyer by way ofindemnity or by reason of any breach of the contract or in tort orotherwise for loss of or damage to any facility, equipment, machinery ormaterial other than the contract plant and for loss of use of the contractplant and/or its associated facilities or any part thereof or for loss ofproduction, loss of profit or loss of any contract, or for any indirect,special or consequential loss or damage that may be suffered by the buyerin connection with the contract.
article 31.transfer of risk of loss and buyership
31.1risk of loss of the equipment shall be transferred from thesupplier to the buyer upon delivery of the equipment as specified inarticle 22.2 (delivery)hereof in accordance with the provisions ofincoterms. buyership of the equipment shall be transferred from thesupplier to the buyer upon transfer of risk of loss of the equipment asspecified above.
31.2risk of loss of the technical documents shall be transferred fromthe supplier to the buyer upon its delivery to transportation company (incase of air cargo)or special courier services company (in case of specialcourier services). buyership of the technical documents subject tolimitations specified in the relevant provisions hereof shall also betransferred to the buyer upon delivery of the technical documents asspecified above.
article 32.loss or damage to property/accident or to workmen/ indemnification
32.1each party hereto shall waive all claims for recovery from theother party for any death or personal injury of any of its personnel orloss or damage to any of its property (including the contract plant)arising out of, or in connection with, its performance of the contract.
32.2the buyer shall indemnify and hold harmless the supplier and thesupplier's engineer from all claims or suits from third parties for anydeath or personal injury arising out of, or in connection with, theperformance of the works in the buyer's country.
32.3the party entitled to the benefit of an indemnity under thisarticle 32 shall take all reasonable measures to mitigate any loss ordamage which has occurred. if the party fails to take such measures, theother party's liabilities shall be correspondingly reduced.
article 33.insurance
33.1each party shall at its expense take out and maintain in effect,or cause to be taken out and maintained in effect, appropriate insurancesduring the performance of the contract.
article 34.change in laws and regulations
34.1if, after the date of the agreement, in any country where theequipment or any part thereof is to be manufactured or in the countrywhere the contract plant is located, any law, regulation, ordinance, orderor by-law having the force of law is enacted, promulgated, abrogated orchanged (which shall be deemed to include any change in interpretation orapplication by the competent authorities)which subsequently affects thecosts and expenses of the works, thecontractpriceshallbecorrespondingly increased or decreased to the extent that the supplier hasthereby been affected in the performance of any of its obligations underthe contract.
article 35.force majeure
35.1"force majeure" shall mean any event beyond the reasonablecontrol of the buyer or the supplier, as the case may be, and which isunavoidable notwithstanding the reasonable care of the party affected, andshall include, without limitation, the following:
30.2the supplier shall in no event be liable to the buyer by way ofindemnity or by reason of any breach of the contract or in tort orotherwise for loss of or damage to any facility, equipment, machinery ormaterial other than the contract plant and for loss of use of the contractplant and/or its associated facilities or any part thereof or for loss ofproduction, loss of profit or loss of any contract, or for any indirect,special or consequential loss or damage that may be suffered by the buyerin connection with the contract.
article 31.transfer of risk of loss and buyership
31.1risk of loss of the equipment shall be transferred from thesupplier to the buyer upon delivery of the equipment as specified inarticle 22.2 (delivery)hereof in accordance with the provisions ofincoterms. buyership of the equipment shall be transferred from thesupplier to the buyer upon transfer of risk of loss of the equipment asspecified above.
31.2risk of loss of the technical documents shall be transferred fromthe supplier to the buyer upon its delivery to transportation company (incase of air cargo)or special courier services company (in case of specialcourier services). buyership of the technical documents subject tolimitations specified in the relevant provisions hereof shall also betransferred to the buyer upon delivery of the technical documents asspecified above.
article 32.loss or damage to property/accident or to workmen/ indemnification
32.1each party hereto shall waive all claims for recovery from theother party for any death or personal injury of any of its personnel orloss or damage to any of its property (including the contract plant)arising out of, or in connection with, its performance of the contract.
32.2the buyer shall indemnify and hold harmless the supplier and thesupplier's engineer from all claims or suits from third parties for anydeath or personal injury arising out of, or in connection with, theperformance of the works in the buyer's country.
32.3the party entitled to the benefit of an indemnity under thisarticle 32 shall take all reasonable measures to mitigate any loss ordamage which has occurred. if the party fails to take such measures, theother party's liabilities shall be correspondingly reduced.
article 33.insurance
33.1each party shall at its expense take out and maintain in effect,or cause to be taken out and maintained in effect, appropriate insurancesduring the performance of the contract.
article 34.change in laws and regulations
34.1if, after the date of the agreement, in any country where theequipment or any part thereof is to be manufactured or in the countrywhere the contract plant is located, any law, regulation, ordinance, orderor by-law having the force of law is enacted, promulgated, abrogated orchanged (which shall be deemed to include any change in interpretation orapplication by the competent authorities)which subsequently affects thecosts and expenses of the works, thecontractpriceshallbecorrespondingly increased or decreased to the extent that the supplier hasthereby been affected in the performance of any of its obligations underthe contract.
article 35.force majeure
35.1"force majeure" shall mean any event beyond the reasonablecontrol of the buyer or the supplier, as the case may be, and which isunavoidable notwithstanding the reasonable care of the party affected, andshall include, without limitation, the following:
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