英文技术服务合同范本(DOC 17页).doc

1、英文技术服务合同范本导语：技术服务合同是指当事人一方以技术知识为另一方解决特定技术问题所订立的合同。下面小编分享英文技术服务合同范本，欢迎参考！contract no.:_.date of signature:_.place of signature:_.this contract is made and entered into through friendly negotiation by and between china_ (hereinafter referred to as “client”), as one party, and_ (hereinafter referred to

2、 as“consultant”),as the other party, concerning the technical consultancy service of_, under the following terms and conditions:article 1 contents of technical consultancy servicewhereas client desires to obtain the technical consultancy service of from consultant and consultant has agreed to perfor

3、m such services.the scope of technical services is defined in appendix 1.the time schedule for the services is shown in appendix 2.the manning schedule is described in appendix 3.consultant shall complete the services within_months from the effective date of this contract and furnish the final techn

4、ical service report, including drawings, designing documents, all kinds of standards and photos, within_months. consultant shall keep aware, free of charge, client of the latest development of similar projects and any progress made in order to improve the designing of the project.article 2 both part

5、ies responsibility and liabilityclient shall furnish to consultant the pertinent data, technical service reports, maps and information available to him and shall give to consultant the reasonable assistance necessary for carrying out of his duties. particularly client shall nominate a general repres

6、entative who shall be available at reasonable time.client shall assist consultant with the responsible authorities for obtaining visas, work permits and other documents required by consultant to enter the country and to have access to the site of the project. the above expenses shall be borne by con

7、sultant.consultant shall furnish a sufficient number of competent personnel to perform its obligation hereunder, in addition to those personnel specifically listed in appendix 3. all personnel employed by consultant in carrying out the work shall be exclusively consultants responsibility, and consul

8、tant shall hold client harmless from any claims of any kind by consultants personnel arising out of any acts by consultant or its personnel in connection with the work performed hereunder.consultant shall provide client all the technical technical service reports and relevant documentation within th

9、e scope of technical services and within the time schedule of the time schedule for the services.consultant shall assist clients personnel in his country in obtaining visas and in arranging lodgings. hotel and boarding expenses shall be borne by client. consultant shall supply to clients personnel o

10、ffice space and necessary facilities as well as transportation.consultant shall be responsible for and shall indemnify client and his employee in respect of injury to person or damage to property occurring in connection with the services, to the extent that such damage or injury directly results fro

11、m negligence of consultants personnel while engaged in activities under this shall be liable only to the work under this contract.any and all liability of consultant with respect to this contract shall be limited to the total contract price received by consultant for his profession services and shal

12、l terminate upon expiration of the warranty period set forth in article article 3 price and paymentthe total contract price is_(say _only) in_(currency). the breakdown prices of the above mentioned total contract price are as follows:contract price for item 1: _(say _only) in_ (currency); contract p

13、rice for item 2: _(say _only) in_ (currency); contract price for item 3: _(say _only) in_ (currency); contract price for item 4: _(say _only) in_ (currency).the total contract price will include all the service and technology provided by consultant. the total contract price shall be firm and fixed a

14、nd shall not fluctuate with any inflation. the total contract price shall include all charges and expenses incurred by consultant in performing his obligations both in his own country and in the peoples republic of china and includes the expenses incurred in sending the technical documentation to cl

15、ients office by all kinds of forms.in the event of force majeure as defined in the contract, the total contract price shall be readjusted through friendly negotiations between the parties. if client requires services not contemplated in the scope of services the parties shall friendly discuss an ame

16、ndment to thetotal contract price. any such amendment shall be in writing countersigned by both parties. this document shall then form integral part of the contract.all payments to be made by client to consultant under the present contract shall be made by telegraphic transfer. in case of any paymen

17、t by client, the payment shall be effected through_in china to _ for the account of consultant.in consideration for the services provided by consultant hereunder, client shall effect the payment to consultant in accordance with the following manner and percentage:_ percent (_ %) of the total contrac

18、t price, _ (say: _ only), shall be paid by client to consultant within _ (_) days after the client has received the following documents provided by consultant and found them in order.a. one (1) original and two (2) duplicate copies of consultants government approval, or a written statement of the co

19、mpetent authorities or relevant agency of consultants country certifying that such document is not required;b. one (1) original and one (1) duplicate copy of irrevocable letter of guarantee for advance payment issued by consultants bank in favor of client covering_(say:_ only), specimen of which is

20、as per appendix 4;c. five (5) copies of profoma invoice covering the total contract price;d. five (5) copies of manually signed commercial invoice indicating the amount to be paid;e. two (2) copies of sight draft.the said shall be delivered by consultant not later than _days after the effective date

21、 of the _present contract._percent (_%) of the contract price for item 1, _ (say: _ only) shall be paid by client to consultant within _ (_) days after consultant has received the following documents provided by consultant and found them in order.a. ten (10) copies of technical service report on ite

22、m 1;b. five (5) copies of manually signed commercial invoice indicating the amount to be paid;c. two (2) copies of sight draft._ percent (_%) of the contract price for item 2, _ (say: _ only) shall be paid by client to consultant within _ (_) days after licensee has received the following documents

23、provided by consultant and found themin order.a. ten (10) copies of technical service report on item 1;b. five (5) copies of manually signed commercial invoice indicating the amount to be paid;c. two (2) copies of sight draft._percent (_%) of the contract price for item 3, _ (say: _ only) shall be p

24、aid by client to consultant within _ (_) days after consultant has received the following documents provided by consultant and found them in order.a. ten (10) copies of technical service report on item 1;b. five (5) copies of manually signed commercial invoice indicating the amount to be paid;c. two

25、 (2) copies of sight draft._percent (_%) of the contract price for item 4, _ (say: _ only) shall be paid by client to consultant within _ (_) days after consultant has received the following documents provided by consultant and found them in order.a. ten (10) copies of technical service report on it

26、em 1;b. five (5) copies of manually signed commercial invoice indicating the amount to be paid;c. two (2) copies of sight draft._percent (_%) of the total contract price , _ (say: _ only) shall be paid by client to consultant within _ (_) days after consultant has received the following documents pr

27、ovided by consultant and found them in order.a. five (5) copies of manually signed commercial invoice indicating the amount to be paid;b. two (2) copies of sight draft.in case consultant is liable for paying to client the penalty under the contract, client shall have the right to deduct it from any

28、said payment.the banking charges of both parties incurred in china for the execution of the contract shall be borne by client and those incurred outside china shall be borne by consultant.article 4 delivery schedulethe deadline for the arrival of the technical service reports cif _ are:a. technical

29、service report on item 1 : _months after effectiveness of the contract;b. technical service report on item 2 : _months after effectiveness of the contract;c. technical service report on item 3 : _months after effectiveness of the contract;d. technical service report on item 4 : _months after effecti

30、veness of the contract.consultant will inform client by fax when the technical service reports are airmailed to client indicating the date and number of airway bill. client will inform consultant when the technical service reports have been received.should any document be missing or damaged during t

31、he transport consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by consultant free of charge.article 5 confidentialityall data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder

32、 and furnished to consultant by client shall be considered confidential and shall not be divulged to any person, firm or corporation other than client or its designated representatives. this clause shall remain binding on consultant notwithstanding the termination of the contract for any reason.with

33、in the validity period of contract, both parties shall take proper measures to keep the materials or information strictly confidential. the other party shall not disclose or divulge to any third party without prior written consent of one party.either party shall be obliged to keep confidential any s

34、ecret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of contract. either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the o

35、ther party.article 6 taxes and dutiesall taxes and duties in connection with and in the execution of contract levied by the chinese government on client in accordance with the tax laws of prc shall be borne by client.all taxes and duties levied by the chinese government on consultant, in connection

36、with and in the execution of contract, according to chinese tax laws and the agreement between the government of prc and the government of consultants country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by consul

37、tant.client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payment under contract and pay them to the relevant chinese tax authorities. after receiving the tax receipts issued by the relevant chinese tax authorities for the aforesaid withholding tax

38、es, client shall forward them to consultant without undue delay.all taxes and duties arising outside prc in connection with and in the execution of contract shall be borne by consultant.article 7 warrantyconsultant warrants that he has the experience and capability to efficiently and expeditiously p

39、erform the services in a satisfactory manner and that the services performed by him under this contract shall be performed by competent personnel in accordance with accepted standards.in the event of a failure of consultant to provide to client satisfactory services within the scope of work describe

40、d in appendix at any time for any reason within the control of the consultant, client may notify consultant of such dissatisfaction. consultant shall be afforded a period of days to correct or remedy the matter. should consultant within the time afforded by client fail to correct or remedy the matte

41、r to the satisfaction of client, all charges shall cease forthwith until such time as consultant is able to provide satisfactory services in accordance with the scope of work described in appendix.consultant guarantees to client that he shall, after receipt of notice from client, promptly correct at

42、 no cost any errors in the services arising out of the negligent performance thereof.article 8 ownership of technical service reportsfinal version of the technical service report submitted to client and all relevant data such as maps, plans and supporting material compiled in performing the scope of

43、 services, shall be the property of client. such materials shall be sorted and indexed by consultant prior to transmission to client.consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by client as stated in article 5 of this

44、 contract, shall not be used by consultant for purposes not related with this project without the prior written approval of client.article 9 assignmentneither client nor consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.artic

45、le 10 terminationif, due to the responsibility of consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in article 4 of the contract, consultant shall be obliged to pay to client penalty for such delay in delivery at the followin

46、g rates:a. _ percent (_%) of the total contract price per week for the first four weeks;b. _ percent (_%) of the total contract price per week from the fifth week to the eighth week;c. _ percent (_%) of the total contract price per week from the ninth week of delay.odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.the total liquidated damage for late delivery shall not exceed _ percent (_%) of the total contract price. payment of the liquidated damage for late delivery shall not releaseconsultant from its obl