ect its implementation.
CHAPTER VI TECHNICAL SERVICE CONTRACT
Article 90 The given technical problems mentioned in Article 47 of the
Technical Contract Law refer to problems concerning the improvement of
product mix, technological processes, product quality, the lowering of
product cost, and energy consumption, the protection of resources and
environment, safe operation and improvement in economic and social
efficiency that need solution by applying scientific and technical
knowledge.
Article 91 A contract for general processing jobs, manufacture to order,
repairs, renovation, advertising, printing, surveying and mapping or
standard testing which can be accomplished by conventional means and
which is business-oriented or a contract for surveying, designing,
installation and engineering of construction projects is not a technical
service contract.
Article 92 A technical service contract should contain the following
clauses:
(1) name of project;
(2) contents, forms and requirements of services;
(3) time limit, place and mode of services;
(4) working conditions and cooperation affairs;
(5) standards and methods for examination and acceptance;
(6) remuneration and mode of payment;
(7) method for computing default fines or the amount of compensation for
losses; and
(8) ways for settling disputes.
Article 93 The contracting parties to a technical service contract
should perform the principal obligations stipulated in Article 48 of the
Technical Contract Law and other obligations agreed in the contract. The
service-providing party should bear the expenses needed in accomplishing
professional technical work and in solving technical problems, except
otherwise provided in the contract.
Article 94 If the service-providing party finds the technical
literature, data, samples and materials or working conditions provided
by the entrusting party unconformable to the contractual requirements,
it should notify the entrusting party timely and the entrusting party
should refurnish, revise or replace them within the agreed time limit.
If the service-providing party fails to notify the entrusting party of
the problems mentioned in the preceding clause or the entrusting party
fails to reply as scheduled after receiving the notice, the party in
default should bear the corresponding responsibilities.
Article 95 If the service-providing party finds it dangerous to the
materials, samples or equipment to continue the work while performing
the contract, it should stop and notify timely the entrusting party or
put forward suggestions. The entrusting party should reply within the
agreed time limit.
If the service-providing party fails to notify timely the entrusting
party and take proper measures or the e上一页 [1] [2] [3] [4] [5] [6] 下一页
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