1、This Contract is made and entered into through friendly negotiation by and between China_ (hereinafter referred to as “Client”), as one party, and_ (hereinafter referred to as“Consultant”),as the other party, concerning the technical consultancy service of_, under the following terms and conditions:
2、Article 1 Contents of Technical Consultancy Service1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to perform such services.1.2 The Scope of Technical Services is defined in Appendix 1.1.3 The Time Schedule for the Services is shown
3、 in Appendix 2.1.4 The Manning Schedule is described in Appendix 3.1.5 Consultant shall complete the Services within_months from the Effective Date of this Contract and furnish the final technical service report, including drawings, designing documents, all kinds of standards and photos, within_mont
4、hs. Consultant shall keep aware, free of charge, Client of the latest development of similar projects and any progress made in order to improve the designing of the project.Article 2 Both Parties Responsibility and Liability2.1 Client shall furnish to Consultant the pertinent data, technical service
5、 reports, maps and information available to him and shall give to Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general representative who shall be available at reasonable time.2.2 Client shall assist Consultant with the responsib
6、le authorities for obtaining visas, work permits and other documents required by Consultant to enter the country and to have access to the Site of the Project. The above expenses shall be borne by Consultant.2.3 Consultant shall furnish a sufficient number of competent personnel to perform its oblig
7、ation hereunder, in addition to those personnel specifically listed in Appendix 3. All personnel employed by Consultant in carrying out the work shall be exclusively Consultants responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultants personnel arising out
8、 of any acts by Consultant or its personnel in connection with the work performed hereunder.2.4 Consultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Serv
9、ices.2.5 Consultant shall assist ClientS personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply to ClientS personnel office space and necessary facilities as well as transportation.2.6 Consultant shall be r
10、esponsible for and shall indemnify Client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Consultants personnel while engaged in activities under this Contrac
11、t.Consultant shall be liable only to the work under this Contract.2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contract Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth
12、 in Article 7.3.Article 3 Price and Payment3.1 The total contract price is_(say _only) in_(currency). The breakdown prices of the above mentioned total contract price are as follows:Contract Price for Item 1: _(say _only) in_ (currency); Contract Price for Item 2: Contract Price for Item 3: Contract
13、 Price for Item 4: _(say _only) in_ (currency).3.2 The total contract price will include all the service and technology provided by Consultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflation. The total contract price shall include all charges and expenses
14、 incurred by Consultant in performing his obligations both in his own country and in the Peoples Republic of China and includes the expenses incurred in sending the Technical Documentation to Clients office by all kinds of forms.In the event of Force Majeure as defined in the Contract, the total con
15、tract price shall be readjusted through friendly negotiations between the parties. If Client requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to thetotal contract price. Any such amendment shall be in writing countersigned by both parties. T
16、his document shall then form integral part of the Contract.3.3 All payments to be made by Client to Consultant under the present Contract shall be made by telegraphic transfer. In case of any payment by Client, the payment shall be effected through_in China to _ for the account of Consultant.In cons
17、ideration for the services provided by Consultant hereunder, Client shall effect the payment to Consultant in accordance with the following manner and percentage:3.3.1 _ percent (_ %) of the total contract price, i.e._ (Say: _ only), shall be paid by Client to Consultant within _ (_) days after the
18、client has received the following documents provided by Consultant and found them in order.A. One (1) original and two (2) duplicate copies of Consultants government approval, or a written statement of the competent authorities or relevant agency of Consultants country certifying that such document
19、is not required;B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultants Bank in favor of Client covering_(Say:_ only), specimen of which is as per Appendix 4;C. Five (5) copies of profoma invoice covering the total contract price;D.
20、 Five (5) copies of manually signed commercial invoice indicating the amount to be paid;E. Two (2) copies of sight draft.The said shall be delivered by Consultant not later than _days after the effective date of the _present Contract.3.3.2 _percent (_%) of the Contract price for Item 1, i.e._ (Say:
21、_ only) shall be paid by Client to Consultant within _ (_) days after Consultant has received the following documents provided by Consultant and found them in order.A. Ten (10) copies of technical service report on Item 1;B. Five (5) copies of manually signed commercial invoice indicating the amount
22、 to be paid;C. Two (2) copies of sight draft.3.3.3 _ percent (_%) of the Contract price for Item 2, i.e. _ (Say: _ only) shall be paid by Client to Consultant within _ (_) days after Licensee has received the following documents provided by Consultant and found themin order.3.3.4 _percent (_%) of th
23、e Contract price for Item 3, i.e._ (Say:3.3.5 _percent (_%) of the Contract price for Item 4, i.e._ (Say:3.3.6 _percent (_%) of the Total Contract price , i.e._ (Say:A. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;B. Two (2) copies of sight draft.3.4 In case
24、 Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred outside China shall be bor
25、ne by Consultant.Article 4 Delivery Schedule4.1 The deadline for the arrival of the Technical service reports CIF _ are:A. Technical service report on Item 1 : _months after effectiveness of the Contract;B. Technical service report on Item 2 :C. Technical service report on Item 3 :D. Technical servi
26、ce report on Item 4 : _months after effectiveness of the Contract.4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client will inform Consultant when the Technical service reports have been received.4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or
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