(精)英文技術(shù)服務(wù)合同范本

1、2020JING PIN WEN DANG寶島優(yōu)品寶島優(yōu)品一傾心為你打造精品文檔英文技術(shù)服務(wù)合同范本英文技術(shù)服務(wù)合同范本發(fā)布時間：2020-03-19Contract No.:.Date of Signature:.Place of Signature:.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

2、 toas “ Coultant " ),as the other party, concerning the teconicahcy service of, under the following terms and conditio:Article 1 Contents of Technical Coultancy Service1.1 Whereas Client desires to obtain the technical coultancy service of from Coultant and Coultant has agreed to perform such s

3、ervices.1.2 The Scope of Technical Services is defined in Appendix 1.1.3 The Time Schedule for the Services is shown in Appendix 2.1.4 The Manning Schedule is described in Appendix 3.1.5 Coultant shall complete the Services withinmonths fromthe Effective Date of this Contract and furnish the final t

4、echnical service report, including drawings, designing documents, all kinds of standards and photos, withinmonths. Coultant shall keep aware, free of charge, Clientof the latest development of similar projects and any progress made in order to improve the designing of the project.Article 2 Both Part

5、ies Respoibility and Liability2.1 Client shall furnish to Coultant the pertinent data, technical service reports, maps and information available to him and shall give to Coultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate a general represen

6、tative who shall be available at reasonable time.2.2 Client shall assist Coultant with the respoible authorities for obtaining visas, work permits and other documents required by Coultant to enter the country and to have access to the Site of the Project. The above expees shall be borne by Coultant.

7、2.3 Coultant shall furnish a sufficient number of competent peonnel to perform its obligation hereunder, in addition to those peonnel specifically listed in Appendix 3. All peonnel employed by Coultant in carrying out the work shall be exclusively Coultants respoibility, and Coultant shall hold Clie

8、nt harmless from any claims of any kind by Coultants peonnel arisingout of any acts by Coultant or its peonnel in connection with the work performed hereunder.2.4 Coultant shall provide Client all the technical technical service reports and relevant documentation within the Scope of Technical Servic

9、es and within the Time Schedule of the Time Schedule for the Services.2.5 Coultant shall assist Client S peonnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expees shall be borne by Client. Coultant shall supply to Client7 S peonnel office space and necessary faci

10、lities as well as traportation.2.6 Coultant shall be respoible for and shall indemnify Client and his employee in respect of injury to peon or damage to property occurring in connection with the services, to the extent that such damage or injury directly results from negligence of Coultants peonnel

11、while engaged in activities under this Contract.Coultant shall be liable only to the work under this Contract.2.7 Any and all liability of Coultant with respect to this Contract shall be limited to the Total Contract Price received by Coultant for his profession services and shall terminate upon exp

12、iration of the warranty period set forth in Article 7.3.Article 3 Price and Payment3.1 The total contract price is(sayonly) in(currency). The breakdown prices of the above mentioned total contract price are as follows:Contract Price for Item 1:(sayonly) in(currency); Contract Price for Item 2:(sayon

13、ly)in(currency); Contract Price for Item 3:(sayonly) in(currency); Contract Price for Item 4: (sayonly) in(currency).3.2 The total contract price will include all the service and technology provided by Coultant. The total contract price shall be firm and fixed and shall not fluctuate with any inflat

14、ion. The total contract price shall include all charges and expees incurred by Coultant in performing his obligatio both in his own country and in the Peoples Republic of China and includes the expees incurred in sending the Technical Documentation to Clients office by all kinds of forms.In the even

15、t of Force Majeure as defined in the Contract, the total contract price shall be readjusted through friendly negotiatio 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 amen

16、dment shall be in writing counteigned by both parties. This document shall then form integral part of the Contract.3.3 All payments to be made by Client to Coultant under the present Contract shall be made by telegraphic trafer. In case of any payment by Client, the payment shall be effected through

17、in China tofor the account of Coultant.In coideration for the services provided by Coultant hereunder, Client shall effect the payment to Coultant in accordance with the following manner and percentage:3.3.1 percent (%) of the total contract price,1 .e.(Say:only), shall be paid by Client toCoultant

18、within() days after the client has received thefollowing documents provided by Coultant and found them in order.A. One (1) original and two (2) duplicate copies of Coultants government approval, or a written statement of the competent authorities or relevant agency of Coultants country certifying th

19、at such document is not required;B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Coultants Bank in favor of Client covering(Say:only), specimen of which is as perAppendix 4;C. Five (5) copies of profoma invoice covering the total contra

20、ct price;D. 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 Coultant not later thandays after theeffective date of thepresent Contract.3.3.2percent (%) of the Contract price for Item 1,1 .e.(Say:on

21、ly) shall be paid by Client to Coultantwithin(_) days after Coultant has received the following documentsprovided by Coultant 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 to be paid;C.

22、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 Coultant within() days after Liceee has received the followingdocuments provided by Coultant and found themin order.A. Ten (10) copies of technical service report on Item 1;B.

23、Five (5) copies of manually signed commercial invoice indicating the amount to be paid;C. Two (2) copies of sight draft.3.3.4 percent (%) of the Contract price for Item 3,1 .e.(Say:only) shall be paid by Client to Coultantwithin(_) days after Coultant has received the following documentsprovided by

24、Coultant 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 to be paid;C. Two (2) copies of sight draft.3.3.5percent (%) of the Contract price for Item 4,1 .e.(Say:only) shall be paid by Clie

25、nt to Coultantwithin(_) days after Coultant has received the following documentsprovided by Coultant 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 to be paid;C. Two (2) copies of sight d

26、raft.3.3.6percent (%) of the Total Contract price ,1 .e.(Say:only) shall be paid by Client to Coultantwithin(_) days after Coultant has received the following documentsprovided by Coultant and found them in order.A. Five (5) copies of manually signed commercial invoice indicating the amount to be pa

27、id;B. Two (2) copies of sight draft.1.4 In case Coultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.1.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client

28、and those incurred outside China shall be borne by Coultant.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 aftereffectiveness of the Contract;B. Technical service report on Item 2 :months aftereffecti

29、veness of the Contract;C. Technical service report on Item 3 :months aftereffectiveness of the Contract;D. Technical service report on Item 4 :months aftereffectiveness of the Contract.4.2 Coultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the da

30、te and number of airway bill. Client will inform Coultant when the Technical service reports have been received.4.3 Should any document be missing or damaged during the traport Coultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Coulta

31、nt free of charge.Article 5 Confidentiality5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Coultant by Client shall be coidered confidential and shall not be divulged to any peon, firm or corporation other tha

32、n Client or its designated representatives. This Clause shall remain binding on Coultant notwithstanding the termination of the Contract for any reason.5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confidential. The

33、other party shall not disclose or divulge to any third party without prior written coent of one party.5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its peonnel may obtain or be accessible to in the coue of the performance of C

34、ontract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.Article 6 Taxes and Duties6.1 All taxes and duties in connection with and in the execution of Contract levied by the Chinese govern

35、ment on Client in accordance with the tax laws of PRC shall be borne by Client.6.2 All taxes and duties levied by the Chinese government on Coultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government

36、of Coultants country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Coultant.Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under Contract and pay

37、 them to the relevant Chinese tax authorities. After receiving the tax receipts issued by the relevant Chinese tax authorities for the aforesaid withholding taxes, Client shall forward them to Coultant without undue delay.6.3 All taxes and duties arising outside PRC in connection with and in the exe

38、cution of Contract shall be borne by Coultant.Article 7 Warranty7.1 Coultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent pe

39、onnel in accordance with accepted standards.7.2 In the event of a failure of Coultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Coultant, Client may notify Coultant of such dissatisfaction. Coultant

40、shall be afforded a period of days to correct or remedy the matter. Should Coultant within the time afforded by Client fail to correct or remedy the matter to the satisfaction of Client, all charges shall cease forthwith until such time as Coultant is able to provide satisfactory services in accorda

41、nce with the Scope of work described in Appendix.7.3 Coultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any erro in the services arising out of the negligent performance thereof.Article 8 Ownehip of Technical Service Reports8.1 Final veion o

42、f the technical service report submitted to Client and all relevant data such as maps, pla and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Coultant prior to tramission to Client.8.2 Coultant shall be

43、 permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Coultant for purposes not related with this Project without the prior written approval of Client.Article 9 Assignment9.1

44、 Neither Client nor Coultant shall assign or sublet their rights or obligatio hereunder without the prior written coent of the other party.Article 10 Termination10.1 If, due to the respoibility of Coultant, the technical service reports have not been delivered at dates according to the delivery sche

45、dules as stipulated in Article 4 of the Contract, Coultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates:A. percent (%) of the total contract price per week for thefit four weeks;B. percent (%) of the total contract price per week from thefifth week to t

46、he eighth week;C. percent (%) of the total contract price per week from theninth week of delay.Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.10.2 The total liquidated damage for late delivery shall not exceed percent (%) of the total contract

47、price. Payment of the liquidated damage for late delivery shall not releaseCoultant from its obligation to deliver technical service reports.10.3 Client may, without prejudice to any other remedy for Coultants following breach of Contract, terminate Contract in whole or in part by a written notice o

48、f default send to Coultant, if CoultantA. Fails to deliver any or all of technical service reports within() days after the scheduled delivery date as specified inArticle 1; orB. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.Coul

49、tant shall refund to Client all the payments effected by Client to Coultant plus an interest at the rate ofpercent (%) per annum incase of such a termination.10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other par

50、ty, if the other party.A. fails to perform its confidentiality obligation under Contract; orB. fails to perform any other obligatio under Contract except minor parts thereof, and does not remedy for its failure within a period of()days upon receipt of the written notice or a period agreed upon betwe

51、en the parties; orC. becomes bankrupt or iolvent; orD.Affected by any event of Force Majeure for more thandays.Article 11 Force Majeure11.1 Should either party be prevented from performing any of its obligatio under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthqua

52、ke, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.11.

53、2 The affected party shall not be liable for any delay or failure in performing any or all of its obligatio due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.11.3 Both parties

54、shall proceed with their obligatio immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.Article 12 Arbitration12.1 Any dispute arising from

55、 or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission, Shenzhen Commission for arbitration in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and bindin

56、g upon both parties and the applicable law is the material law of P.R.C.12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligatio under the Contract unless otherwise agreed.Article 13 Language and Standards13.1 Correspondance except this Con

57、tract between Client and Coultant, data and documents made available by Client to Coultant and the technical service reports and drawings prepared by Coultant shall be in the English language.13.2 Measures shall be written in the metric system.Article 14 Governing Law14.1 The cotruction, validity and performance of this Contract shall be governed by the