非专利技术转让合同(82)

　　　　　　27.4.3　notwithstanding anything to the contrary provided in thecontract， the aggregate liability of the supplier to the buyer arising outof or in connection with the technical services under this article 27.4（defect liability for technical services)， except for the liability of thesupplier to reperform the technical services related to the erroneous ormistaken written technical advice or instructions and to repair， replaceor otherwise make good any defect in， or any damage to， any part of theequipment under article 27.4.1 above， shall not exceed _________ per cent（_________%）of the total sum of the technical service fee which thesupplier shall have received from the buyer.
　　　　27.5　except as provided in this article 27 （defect liability）andarticle 32 （loss or damage　to　property/accident　or　injury　toworkmen/indemnification）hereof， the supplier shall be under no liabilitywhatsoever and howsoever arising， and whether under the contract or atlaw， in respect of defects in the contract plant or the equipment or anypart thereof， materials， design or engineering or work executed or errorsor mistakes in the technical documents or any part thereof or in thetechnical services.
article 28.　process performance guarantees
　　　　28.1　process performance guarantees and performance test
　　　　　　the supplier guarantees that， during the performance test or anyrepeated run thereof， the contract plant shall attain the processperformance guarantees specified in appendix 5 （process performanceguarantees）hereto subject to and upon the conditions specified in thisarticle 28 （process performance guarantees）and the said appendix 5.
　　　　28.2　preconditions
　　　　　　the process performance guarantees under article 28.1 （processperformance guarantees and performance test）above shall be expresslyconditioned upon the following being fully satisfied or fulfilled by or onbehalf of the buyer:
　　　　　　　　（a）any and all supplies and works （except for those falling withinthe supplier's scope of supplies and services under the contract)， such asdesign of the contract plant （other than the equipment）and/or itsassociated facilities to be executed by or on behalf of the buyer，equipment， machinery and materials for the contract plant （other than theequipment）and/or its associated facilities to be supplied by or on behalfof the buyer， civil， building， erection， installation and commissioningworks and operation and maintenance of the contract plant and/or itsassociated facilities， shall be properly provided or performed by thebuyer and shall be in accordance with the requirements under the contract，the technical documents and the technical advice and instructions given bythe supplier's engineer under the contract.