luation, predication and
investigation of the following technological projects:
(1) research projects on soft sciences concerning the coordinated
development between science and technology and economy and society;
(2) technical projects for promoting scientific and technological
advance and modernization of management, and for improving economic and
social efficiency; or
(3) other professional technical projects.
However, a contract by which one party entrusts another to work out an
execution plan or provide guidance on the execution aimed at solving a
given technical problem falls into the category of technical service
contract and the provisions concerning technical consultation contract
do not apply.
Article 81 A technical consultation contract should contain the
following clauses:
(1) name of project;
(2) contents, forms and requirements of consultation;
(3) time limit, place and methods of performance;
(4) cooperation needed from the entrusting party;
(5) secrecy about technological information and data;
(6) methods of examination, acceptance and appraisal;
(7) remuneration and mode of payment;
(8) method for computing default fines or compensation; and
(9) ways for settling disputes.
Article 82 The contracting parties to a technical consultation contract
should perform all the principal obligations prescribed in Article 45 of
the Technical Contract Law and the obligations agreed in the contract.
The advisory party should bear the cost for investigation and study,
analysis and argumentation, experimenting and testing, except otherwise
provided in the contract.
Article 83 The advisory party to a technical consultation contract
should conduct investigations and argumentation on technical projects
and if any glaring mistakes and defaults are found in the technical
materials and data provided by the entrusting party, the advisory party
should notify in good time the entrusting party and request for
replenishment or revision so as to make the consultation report and
comment more conformable to the contractual requirements.
The entrusting party should provide the advisory party with the
necessary working conditions for carrying out investigations and study,
and made timely supply and replenishment of relevant materials and data.
Article 84 If secrecy is needed for the technical materials and data
provided by the entrusting party or for the consultation report and
comments filed by the advisory party, the parties concerned may agree
upon the range and time limit for secrecy in the contract. In absence of
such an agreement, the parties concerned have the right to quote,
publish and provide a third party with the aforesaid matters.
Article 85 The advisory party should protect the technical and eco上一页 [1] [2] [3] [4] [5] [6] 下一页
|
