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非专利技术转让合同(76)

2011-09-17 14:40 来源:范文站 人气(0) 范文站fanwenzhan.comRSS订阅 

      however, such payment of liquidated damages shall not in any wayrelieve the supplier from any of its obligations to deliver to the buyerthe equipment and the technical documents or from any other obligationsand liabilities of the supplier under the contract.
      save for liquidated damages payable under articles 26.2 (late deliveryof equipment)and 26.3 (late delivery of technical documents)above, thefailure by the supplier to attain any milestone or other act, matter orthing by any such date or within any such time, as specified in appendix7-4 (time schedule)hereto and/or other program of the works preparedpursuant to article 19 (work program)hereof shall not render the supplierliable for any loss or damage thereby suffered by the buyer.
article 27. defect liability
    27.1 guarantees and defect liability period
      27.1.1 the supplier guarantees that;
        (a)the equipment or any part thereof shall be free from defects indesign, materials and workmanship,
        (b)the technical documents or any part thereof, except for thosewhich are of preliminary nature or to be delivered to the buyer by thesupplier for the buyer's information, shall be correct and haveconsistency in the contents thereof and shall be sufficient to enable theinternationally competent recognized engineers to understand the contentsthereof, and
        (c)the technical advice and instructions given in writing by thesupplier's engineer during his performance of the technical services shallbe correct.
      27.1.2 the period of the validity of the guarantees given by thesupplier under article 27.1.1 above, i.e. the defect liability perioddefined in article 1 (definitions)hereof, shall commence from the date ofdelivery of the relevant equipment, the date of delivery of the relevanttechnical documents or the date of provision of the relevant technicaladvice or instructions given in writing by the supplier's engineer at thecontract plant, as the case may be, and shall end upon the expiry of_________ months from the date of the last major shipment or twelve (12)months from the date of the acceptance of the contract plant, whichevercomes earlier, subject, however, to any extension under article 27.2.7hereof.
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