A.Contract No. : ______.
B.Consignee: International Tendering Company of China National Technical Import and Export Corporation
C.Consignee Code: _________.
D.Destination Airport: Beijing Airport.
E.Shipping Mark: ________.
F.Gross/Net Weight (kg): _______
G.Item No. /Case No.: _______
H.Dimension (L×W×H in CM):______
5.7 In side of each package of the Technical Documentation and Software, there shall be two copies of the detailed list to I-dentify each part.
5.8 For the delivery of the Technical Documentation and Soft-ware, partial shipment is allowed.Transshipment is not al- lowed.
5.9 The Technical Documentation and Software,shall be carried flight belonging to the member countries of the World Bank and Switzerland.
5.10 The Licensor shall efect the insurance, with insurer from eligible source country,for an amount of 110% of the total contract price on " all risks "and " war risk "basis at the Licensor's expenses with the Licensee as the beneficiary.
5.11 All of the Technical Documentation and Software,and ser- vices supplied under the Contract shall have their origin in the countries and areas eligible under the current World Bank Guideline for Procurement.
ARTICLE 6 TECHNICAL SERVICE AND PERSONNEL TRAINING
6.1 The Licensor shall send his skilled, healthy and competent technical personnel to the the Contract Factory of the Licensee to provide Technical Service on site in accordance with the stipulations of the Contract. The stipulation, the number of personnel, speciality, task, content and duration in PRC are detailed in Annex ______ to the contract.
6.2 The Licensor shall provide assistance for entry any exit visa, work and life in PRC for the Licensor's Technical Service personnel. The treatment conditions of the Licensor's techni- cal personnel in PRC are detailed in Annex _______ to the Contract.
6.3 The Licensor's technical personnel sent to PRC for the Tech- nical Service shall observe the laws of the People's Republic of China and rules and regulations of the Contract Factory in the period of service in PRC.
6.4 The Licensee shall send his technical personnel to the rele-vant factories of the Licensor for technical training. The number of bersonnel, speciality, content, duration and re - quirement of training are detailed in Annex ______ to the Contract.
6.5 The licensor shall provide assistance for entry and exit visa and shall provide the facilities necessary for the technical training for the Licensee's trainees. The treatment condi-tions of the trainees in the Licensor's country are detailed in Annex ______ to the Contract.
6.6 The Licensee's personnel under training shall observe the laws of the Licensor's country and the rules and regulations of the Licensor's factories in the period of training.
ARTICLE 7 ACCEPTANCE OF THE CONTRACT PRODUCTS
7.1 In order to verify the completeness, correctness and reliabili- ty of the Technical Documentation and Software supplied by the Licensor under the Contract, the Licensor shall, at his own expense send his representatives to carry ort acceptance test on the contract Products jointly with the technical per-sonnel of the Licensee in the Contract Factory. The specific procedure of the acceptance test and the standard of the ac- ceptance are detailed in Annex ________ to the contract.
7.2 If the technical performances of the Contract Products spesi-fied in Annex ___ to the Contract are achieved in the ac-ceptance tests, both parties' authorized representative shall sign four copies of the acceptance certificate for the Contract Products and ,two copies for each party.
7.3 If any technical performance of the Contract Products speci-fied in Annex _____ to the Contract is not achieved in the acceptance tests, both parties shall have friendly consulta-tion and discussion and jointly analyse the causes and take measures to eliminate the defect. The second acceptance test shall be carried out after the defects have been eliminated.
7.4 If the responsibility for the failure of the first acceptance test lies with the Licensor, the Licensor shall, at his own expens-es, take measures to eliminate the defects, again send his technical personnel to participate in the second acceptance test and shall bear all the expenses incurred in the second ac-ceptance test including the expenses for the materials used in the second acceptance test. If the responsibility for the fail-ure of the first acceptance test lies with the Licensee, the Li-censee shall, at his own expenses, take measures to eliminat-ed the defects and bear all the relevant expenses incurred in the second acceptance test.
7.5 If it is due to the Licensor's responsibility that any technical performance of the Contract Products specified in Annex ______ to the Contract is still not achieved in the second ac-ceptance test, the Licensor shall compensate the Licensee for the direct expensee sustained by the Licensee ,for the accep-tance test, and shall at his own expenses, take measures to eliminate the defects and send his technical personnel to par-ticipate in the third acceptance test including the expenses for the materials used in the third acceptance test. If the re-sponsibility for the failure of the second acceptance test lies with the Licensee, the Licensee shall, at his own expenses, take measures to eliminate the defects and bear the relevant expenses incurred in the third acceptance test.
7.6 If it is due to the Licensor's responsibility that any technical performance of the Contract Products specified in Annex _____ to the Contract is still not achieved in the above - mentioned three acceptance tests, the stipulations in Clause 8.7 shall be applied. If the responsibility for the failure of the above-mentioned three acceptance tests lies with the Licensee, then both parties shall discuss and agree upon fur-ther execution of the Contract.
ARTICLE 8 GUARANTEES AND CLAIMS
8.1 The Licensor shall guarantee that the Technical Documenta-tion and Software supplied by the Licensor to the Licensee in accordance with the Contract shall be of the latest and well-proved Technical Documentation and Softwate which ate actually used by the Licensor and that the improved, modified and developed Technical Documentation and Soft-wate shall be supplied in time by the Licensor to the Li-censee in the course of implementation of the Contract,with-out charge.
8.2 The Licensor shall guarantee that the Technical Documenta-tion and Software supplied by the Licensor to the Licensee in accordance with the Contract shall be complete, correct and legible, and shall be delivered in time in accordance with the stipulations in Annex _______ to the Contract.
8.3 If it is found by the Licensee that the Technical Documenta-tion and Softwate supplied by the Licensor is not in confor-mity with the stipulations in Annex ______ to the Contract and Clause 8.2 to the Contract, the Licensor shall mail the related Technical Documentation to Licensee free of charge within 30 (thirty) days after receiving the Licensee's written notice.
8.4 If the Licensor fails to deliver the Technical Documentation and Software in accordance with the time schedule stipulat-ed in Annex ______ to the Contract and Clause 8.3, the Li-censor shall pay to the Licensee penalties for late delivery of the Technical Documentation and Softwate at the following rates:
0.5%(point five percent) of the total Contract price of the Technical Documentation and Softwate for each full week of Late delivery. The above-mentioned total penalties shall not exceed 5% (five percent) of the total Contract price of this Contract.
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