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Contract for introduction of Complete Plant and Technology
Sources:International Trade Law, Time:2012-09-04 16:55, Click:, Comment

       成套设备技术引进合同(Contract for introduction of Complete Plant and
   Contract for Introduction
   Of Complete Plant and Technology
   This Agreement is entered into and made in duplicate on
   (Date), in (Place), between __________________Corporation
   (hereinafter called Corporation), incorporated by the
   California Corporations Code and having its principal
   executive office in the city of _______, USA, as PARTY OF THE
   FIRST PART and ______Corporation, (hereinafter
   Called Purchaser) as PARTY OF THE SECOND PART.
   In consideration of the mutual covenants and agreements herein
   contained, it is agreed by and between Corporation and
   Purchaser as follows:
   1.         DEFINITIONS
   For the purpose of this agreement, the following terms shall
   have the meanings defined below:
   第1 条 释义
   “Acceptance Test Manual”
   The Acceptance Test Manual shall be the document prepared by
   Corporation which will be used by Corporation and Purchaser
   for checking that the Equipment is in accordance with the
   Specifications and Approved Data.
   “System Parts”
   System Parts are those, which are necessary to Corporation in
   the performance of this, Agreement and derived from Approved
   Data and shall include but not be limited to those parts which
   are manufactured by Corporation’s suppliers. Notwithstanding
   the foregoing mutually agreed simulated and modified equipment
   used in lieu of the foregoing shall be deemed to be System
   “Approved Data”
   Approved Data shall mean those drawings, data and other
   technical information which are relevant to the System, and
   which are necessary to Corporation in the performance of this
   “Associated Items”
   Associated Items shall mean those associated items and
   services specified in Exhibit “C” which is attached hereto and
   made a part hereof.
   “Deficiencies or Detects”
   Deficiencies or Defects shall mean areas of the Equipment
   (configuration and performance) that fail to meet identified
   sections of the Acceptance Test Manual
   “Effective Date”
   The Effective Date of this Agreement shall be the date on
   which Corporation is authorized to proceed with the work
   hereunder to Purchaser’s account or the date on which the
   first payment is received by Corporation. The authorization to
   proceed referred to in the foregoing may be either a telex or
   letter from a duly authorized officer of Purchaser providing
   such authorization to proceed, or a copy of this Agreement
   duly signed by both parties. The said Effective Date shall be
   construed as the date of the commencement of work hereunder.
   “Excusable Delay”
   Excusable Delay where the term is used in this Agreement shall
   mean those causes of delay specifically identified in article
   7 hereof (Excusable Delay).
   “Proprietary Software”
   Proprietary Software shall mean any program or other
   information stored on taps, discs, documents or other
   material, in machine readable or other form, which is the
   property of Corporation.
   “Site Acceptance”
   Site Acceptance shall mean the final acceptance of the
   Equipment carried out by the Purchaser at Purchaser’s Facility
   in accordance with the Acceptance Test Manual.
   Specification shall mean the document identified in Exhibit
   “A” hereto.
   第二条 销售主体事项
        (a)Corporation shall sell to the Purchaser and the
   Purchaser shall purchase from Corporation the Equipment
   together with the Associated Items.
   (b) The Equipment and Associated Items shall be in accordance
   with this Agreement and the Specification.
   (c) The Equipment shall have the capability to perform in
   accordance with the performance standards expressed in
   ___________, to the extent that such standards are covered by
   the Specification and Approved Data and subject to the
   availability of all necessary drawings, data and other
   technical information.
   (d) Corporation will prepare and submit to the Purchaser three
   draft copies of the Acceptance Test Manual not later than
   ____. The schedule for review and approval of the Acceptance
   Test Manual is contained in Exhibit “B” hereto.
   (e) In the event of any conflict between the provisions of
   this Agreement proper and those of the Exhibits hereto, the
   provisions of the Agreement proper shall govern. In the event
   of any conflict between the Acceptance Test Manual and the
   Specification or Approved Data, the Specification and Approved
   Data shall govern.
   第3条 价格
   The total purchase price of the equipment and associated items
   with all risks transit insurance prepaid to purchaser’s
   facility shall be __________.


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