ntrusting party fails to reply as
scheduled, the party in default is held responsible.
Article 96 If the technical materials, data or samples supplied by the
entrusting party or the accomplishment of the service-providing party
need to be kept in secrecy, the contracting parties may stipulate the
range and time limit of secrecy and the obligations of the two sides in
the contract. If any party violates its obligations, it should be held
responsible.
Article 97 If it is difficult to find the flaws of the objective
technical service contract in a short time, the contracting parties may
stipulate a guarantee period in the contract. If any flaw is found in
the service quality within the guarantee period, the service-providing
party should do the job over again or take remedial measures, except the
case in which the problem is caused by improper use or improper keeping
on the part of the entrusting party.
Article 98 If the entrusting party to a technical service contract fails
to perform the contract, it should pay default fines and compensate for
the losses in compliance with the first clause of Article 49 of the
Technical Contract Law.
If the entrusting party fails to provide the related technical
materials, data samples or working conditions as prescribed in the
contract, thus affecting the work quality and schedule, it should pay
remuneration in full. If the entrusting party fails to provide the
contractual material and technical conditions two months after the due
date, the service-providing party has the right to cancel the contract.
The entrusting party should pay default fines or compensate for the
losses caused thereby to the service-providing party.
If the entrusting party fails to pay up remuneration or default fines
two months after the due date, it should return the work result, pay
remuneration retroactively, pay default fines or compensate for the
losses.
The entrusting party should pay default fines and keeping fees for
delaying accepting the work result. If the entrusting party fails to
accept the work result six months after the due date, the service-
providing party has the right to dispose of the work result and returns
the gains to the entrusting party after deducting remuneration, default
fines and keeping fees. He also has the right to claim for compensation
from the entrusting party if the gains are not enough to cover the
remuneration, default fines and keeping fees.
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