3.1.1 Price for Technical Know-how: _____ DEM (SAY:______ DEUTSCH MARK ONLY).The breakdown prices of the technical know-how are as follows:
A.
Technology transfer fee is :
B.Technical documentation and software fee (CIP Bei-jing Port) is _____ DEM (SAY: ______ DEUTSCH MARK ONLY).
C.Personnel training fee is _______ DEM (SAY: ______ DEUTSCH MARK ONLY).
D.Technical service fee is _______ DEM (SAY: ______ DEUTSCH MARK ONLY).
3.2 The above - mentioned total Contract Price shall be firm and fixed price for the Licensor's obligation under the Contract including all expenses incurred for delivery of the Technical Documentation and Software CIP Beijing Airport, China.
ARTLCLE 4 TERMS OF PAYMENT
4.1 All the payment stipulated in the Contract shall be effected in DEUTSCH MARK (DEM) through an irrevocable letter of credit partial shipment allowed under the I. B. R. D. Loan No.___ for the price for the Technical Know-how, obtained from the World Bank opened in favour of the Licensor.
4.2 The Liceensee shall within thirty (30) working days after ef-fectiveness of the Contract,open an irrevocable letter of credit by the Bank of China, Beijing in favour of the Licen-sor , in a bank in his country nominated by the Licensor and accepted by the Licensor, for an amount equivalent to the to -tal Contract price, the letter of credit shall permit payments as stipulated in Article 4. 3.
4.3 Payment for the Price for the Technical Know-how
4.3.1 10% (ten percent) of the total price for the technical know - how under Article 3, namely----------DEM (SAY: ------------DEUTSCH MARK ONLY) shall be paid after the Licensor has presented the follow-ing documents provided they are in confirmity with the stipulations of the Contract.
A.One photostat copy of valid export license issued by the relevant authorities of the Licensors or Licensor's subcontractor's country, or one copy of the letter issued by the relevant authority of the Licensor's country stating that the valid export license is not required.
B.One original and one copy of the irrevocable letter of guarantee issued by the Licensor's Bank for a sum of 10% of the total price for the technical know-how in favor of the Licensee. The specimen of the little of guarantee is de- tailed in Annex ________ to the contract.
C.Four copies of the proformal invoice covering the the total price for the technical know-how
D.Two copies of the sight draft to be drawn of the Li-censee to the Bank of China, Beijing.
E.Four copies of commercial invoice.
The above - mentioned documents shall be presented not earlier than 30 days after effectiveness of the Contract.
4.3.2 25%(twenty five percent) of the total price for the techni-sal know - how under Article 3, namely ______ DEM (SAY: ______ DEUTSCH MARK ONLY) shall be paid after the Licensor has delivered the first batch of the Technical Documentation/Software as stipulated in An-nex ____to the Contract and against presentation of the following documents provided they are in confirmity with the stipulations of the Contract:
A. Five copies of the commercial invoice.
B. Two copies of the sight draft to be drawn on the Li-censee to the Bank of China , Beijing.
C. Five copies of the airway bill for the first batch of the Technical Documentation and/or Software.
D. Five copies of the packing list for the first batch of the Technical Documentation and/or Software.
E. Two copies of the letter issued by the Licensee con-firming that the Licensor has delivered to the Licensee the first batch of Technicall Documentation and/or Software as stipulated in Annex ______ and Annex _______
4.3.3 50% (fifty percent) of the total price for the technical know-how under Article 3, namely _______ DEM (SAY: _____DEUTSCH MARK ONLY) shall be paid after the Licen-sor has delivered the last batch of the Technical Documen-tation / Software as stipulated in Annex _______ to the Con-tract and against presentation of the following documents provided they are in conformity with the stipulations of the Contract:
A.Four copies of the commercial invoice.
B.Two copies of the sight draft to be drawn on the Li-censee to the Bank of China , Beijing.
C.Five copies of the airway bill for delivering the last batch of the Technical Documentation and / or Software.
D.Five copies of the packing list for delivering the last batch of the Technical Documentation and / or Software.
E.Two copies of the letter issued by the Licensee confirm-ing that the Licensor has delivered to the Licensee all Technical Documentations as stipulated in Annex ______
4.3.4 15% (fifteen percent) of the total price for the technical know-how under Article 3 , namely ______ DEM (SAY : ______ DEUTSCH MARK ONLY) shall be paid after ac - gainst presentation of the following documents provided they are in conformity with the stipulations of the Con- tract:
A.Four copies of the commercial invoive.
B.Two coies of the sight draft to be drawn on the Li- censee to the Bank of China , Beijing.
C.Two copies of the Acceptance Certificate for the Con - tract Products Signed by the both Parties.
4.4 The Licensee shall have the right to deduct from the perfor - mance Bond or relevant payment under megotiation the penalties in form of liquidate damages which Licensor shall bay in accordance with the stipulations of the Contract.
4.5 The banking charges incurred in the P. R. C. shall be borne by the Licensee and those incurred outside the P. R. C. shall be borne by the Licensor. The Licensor shall bear all inter- est charges in case they occur in the negotiation of the bay - ment, unless these interest charges have been occurred by reasons of default by the Licensee.
ARTICLE 5 DELIVERY OF THE TECHNICAL DOCUMEN-TATION AND SOFTWARE
5.1 The Licensor shall deliver to the Licensee the Technical Doc- umentation and Software at Beijing Airport in accordance with the contents, copies and time stipulated in Annex ________ to the Contract. The risk of the Technical Documen- tation shall be transferred from the Licensor to the Licensee after its arrval at Beijing Airport, China.
5.2 The data stamped by Beijing Airport, China shall be the actu- al date of delivery the Technical Documentation and Soft- ware.
5.3 The licensor shall, within two(2) working days , after dis - patching each batch of the Technical Documentation and / or Softwate, inform the Licensee and Contract Factory by telex or fax of the Contract number, airway bill numder, airway bill date, documentation number, unmber of barcels, weight, flight and expected arrival date. At the same tim, the Licen- sor shall airmail to the Licensee and the Contract Factory each two copies of the airway bill and the detailed list of the Technical Documentaion/Software.
5.4 In case of any loss, damages or shortage caused to the Tech- nical Documentation and Software during the transporta- tion, the Licensor shall make supplementary or replaceable delivery to the Licensee within 45 (forty-five) days after re-ceiving the Licensee'written notice without any charges.
5.5 The Technical Documentation and Software shall be packed in strong cases suitable for long distance transportaion and numerous handling with protective measures against mois-ture and rain.
5.6 The following contents shall be marked on the cover of each package of the Technical Documentation and Software with indelible paint in conspicuous English printed words:
，License Contract of the Transfer of Technologytag: 合同样本，装修合同样本,房屋出租合同样本，合同范本 - 合同样本