Article 99 If the service-providing party to a technical service
contract fails to perform the contract, it should pay default fines or
compensate for the losses in accordance with the provisions of the
second clause of Article 49 of the Technical Contract Law.
If the service-providing party delays delivering work result, it should
pay default fines. If the service-providing party fails to deliver the
work result two months after the due date, the entrusting party has the
right to cancel the contract. The service-providing party should return
the technological materials and samples, return the remuneration paid,
pay default fines or compensate for the losses.
If any flaw is found of the working result or service quality but the
entrusting party agrees to use it, the service-providing party should
claim for less remuneration and take proper remedial measures; the
service-providing party should not demand remuneration but should pay
default fines or compensate for the losses if there are too serious
faults in the work result and service quality to solve the technical
problems agreed upon in the contract.
The service-providing party should pay default fines or compensate for
the losses if the samples or technical materials provided by the
entrusting party are destroyed, lost, missing, deteriorated, polluted or
damaged due to poor keeping.
Article 100 A technical training contract refers to a contract by which
one party entrusts another to provide technical guidance and
professional training to the designated professional technicians on a
given project. It does not include vocational training, cultural
education and sparetime education conducted according to plans of a
trade or a unit.
Article 101 A technical training contract should usually contain the
following clauses:
(1) name of project;
(2) contents and requirements of training;
(3) plan, schedule, time limit, place and method of training;
(4) seniority and qualification of trainees;
(5) number and quality of trainees;
(6) payment and arrangement of board and lodging;
(7) working conditions and cooperation affairs;
(8) remuneration and mode of payment;
(9) standards and methods of examination;
(10) methods for computing default fines or compensation for losses; and
(11) ways for settling disputes.
Article 102 The main obligations of the entrusting party to a contract
are:
(1) to ensure the quality of trainees according to the contractual
agreement;
(2) to educate trainees to observe discipline and obey guidance; and
(3) to pay remuneration as scheduled.
The main obligations of the training party to a technical training
contract are:
(1) to assign qualified trainers according to the contractual
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