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非专利技术转让合同(79)

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

      27.2.7 if the equipment or any part thereof cannot be used by reasonof such defect and/or making good of such defect, the defect liabilityperiod of the equipment or such part, as the case may be, shall beextended by a period equal to the period during which the equipment orsuch part cannot be used by the buyer due to any of the aforesaid reasons.
    27.3 defect liability for technical documents
      27.3.1 if, during the defect liability period, any error or mistakeshould be found in the technical documents or any part thereof;
        (a)the supplier shall promptly and at its cost correct such error ormistake and re-deliver to the buyer the technical documents or part(s)thereof so corrected, and repair, replace or otherwise make good (as thesupplier shall at its discretion determine)any such defect in, or anysuch damage to, the equipment or any part thereof, as caused by the saiderror or mistake in the technical documents or any part thereof, subjectto the same conditions as set forth in articles 27.2.1 through 27.2.7above inclusive, or
        (b)the supplier shall be liable for, and pay to the buyer, reasonabledirect costs incurred by the buyer in repairing, replacing or otherwisemaking good (as the supplier shall at its discretion determine)any suchdefect in, or any such damage to, any part of the contract plant otherthan the equipment supplied, or the works for the contract plant executed,by or on behalf of the buyer, as caused by the said error or mistake inthe technical documents or any part thereof, providing that the laborcosts included therein shall be calculated based on the local costsincurred in the country in which the contract plant is to be constructed.
      provided that the supplier shall not be responsible for any such erroror mistake in the technical documents or any part thereof as caused byinaccurate drawings, data or information furnished to the supplier by thebuyer and for any defect in, or damage to, any part of the contract plantor the works for the contract plant executed by or on behalf of the buyeror any other loss or damage incurred by the buyer, arising out of orresulting from any such error or mistake in the technical documents or anypart thereof as caused by inaccurate drawings, data or informationfurnished to the supplier by the buyer, or any failure on the part of thebuyer to fully comply with the technical documents.
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