非专利技术转让合同(78)

　　　　　　　　（d）any other material supplied or any work executed by or on behalfof the buyer， except for the work executed by the buyer under article27.2.6 below.
　　　　　　27.2.3　the buyer shall give the supplier a notice stating the natureof any such defect together with all available evidence thereof promptlyfollowing the discovery thereof. the buyer shall afford all reasonableopportunity for the supplier to inspect any such defect.
　　　　　　27.2.4　the buyer shall afford the supplier all necessary access to thecontract plant to enable the supplier to perform its obligations underthis article 27.2 （defect liability for equipment).
　　　　　　the supplier may with the consent of the buyer remove from thecontract plant the equipment or any part thereof which is defective if thenature of the defect and/or any damage to the equipment caused by thedefect is such that repairs cannot be expeditiously carried out at thecontract plant.
　　　　　　27.2.5　if the repair or replacement or making good is of such acharacter that it may affect the efficiency of the equipment or any partthereof， the buyer may give to the supplier a notice requiring that testsshall be made by the supplier of the defective part of the equipmentimmediately on completion of such remedial work whereupon the suppliershall carry out such tests.
　　　　　　if such part fails the tests， the supplier shall carry out furtherrepair， replacement or making good （as the case may be）until that part ofthe equipment passes such tests. the tests shall be agreed by the buyerand the supplier.
　　　　　　27.2.6　if the supplier fails to commence the work necessary to remedysuch defect or any damage to the equipment caused by such defect within areasonable time， the buyer may carry out such work in a reasonable manner，and the reasonable direct costs incurred by the buyer in connectiontherewith shall be paid to the buyer by the supplier， providing that thelabor costs included in such costs shall be calculated based on the localcosts incurred in the country in which the contract plant is to beconstructed.