【正文】
l rights and obligation binding of the parties whereas for implementing relevant procedures only.2) “The Contract Price” means the price payable to The Seller by The Buyer under the Contract for the full and proper performance of its contractual obligations.3) “The Goods” means all of the equipment, machinery, and/or other materials, which The Seller is required to supply to The Buyer under the Contract.4) “The Incidental Documents” means those documents and materials that shall be provided when the contractual equipment leaves the factory in accordance with the laws of People’s Republic of China, including the design document as required by the safety technical code, product quality qualification certificate, installation usage and maintenance instruction, and other document needed for supervision inspection documentary evidence.5) “The Incidental Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as design, installation supervision, missioning, provision of technical assistance, training, and other such obligation of The Seller covered under the Contract. 6) TCC means the Terms and Conditions of this Contract.7) The Buyer means the organisation purchasing the Goods and Services under this Contract, Sichuan Panxi Lingshan Tourism Investment And Development Co., Ltd.8) The Seller means the firm or entity supplying the Goods and Services under this Contract, POMAGALSKI, (hereinafter referred to as POMA France) and Poma (Beijing) Ropeway Co., Ltd. (hereinafter referred to as POMA Beijing).9) ”The Import Agency of the Buyer” means the pany providing import agency service for the buyer for the imported equipment, that is10) The Project Site means the location where the Goods are to be installed and operated, that is the ropeway project site in Lingshan Scenic Area, Mianning County, Sichuan Province, . 11) “The Delivery Site” means the bottom station of the ropeway in Lingshan Scenic Area, Mianning County, Sichuan Province, . 12) Day means calendar day.13) “ACCEPTANCE CERTIFICATE” means a certificate signed by the The State Safety Supervision and Inspection Center For Passenger Aerial Ropeways Of China stating that the performance test of CONTRACT EQUIPMENT has been pleted successfully as specified in the corresponding Appendix and in the Corresponding Articles of the CONTRACT. and the Contract Equipment is permitted into application.2 合同范圍 買方同意從賣方購(gòu)買,賣方同意向買方提供合同設(shè)備:單線循環(huán)脫掛抱索器八人吊廂式索道一套(含配件和伴隨文件),以及使合同設(shè)備在現(xiàn)場(chǎng)能按照本合同及其附件的規(guī)定順利運(yùn)行(設(shè)備安裝中安裝方責(zé)任導(dǎo)致的問題除外)的包括不限于該合同設(shè)備的設(shè)計(jì)、技術(shù)服務(wù)及技術(shù)培訓(xùn)、售后服務(wù)、質(zhì)量保證等附屬服務(wù),本合同中統(tǒng)一稱為合同設(shè)備。2. SCOPE OF CONTRACT The Buyer agrees to buy from The Seller and The Seller agrees to supply to The Buyer the contractual equipment: One Monocable Circulating Detachable Grips for 8 Seats Suspension Cable Ropeway (including accessories and Incidental Documents), and the Incidental Service to make the contractual equipment run successfully (with exception of the problems caused by the installation party during the equipment installation) at site in accordance with this Contract and its Appendix, including but not limited to design, technical service and technical training, aftersales services, quality warranty etc. All are referred to as contractual equipment in the Contract.. Under conditions that the top and bottom stations specified in the Profile (see Appendix) in the preliminary design remain unchanged and that the number of gondolas remain unadded and the centreline of the ropeway unchanged in the final Profile, The Seller shall be responsible for the pleteness and correctness of the contractual equipment and spare parts list. The Seller shall not be exempted from any liabilities due to the lack of items/missing of the Appendix 2, Appendix 3, Appendix 4 and Appendix 5 (hereinafter referred to as “suggestion list”, or shall The Seller require to increase the turnkey contract price. The Seller shall provide If it is found that certain parts listed in the corresponding Appendix are missing (with the exception of the loss caused by the Buyer’s reason), the Seller shall supply the aforesaid parts to the Buyer free of charge in time, provided that the Buyer has installed, operated and maintained the contract equipment and the relevant parts properly and in accordance with the Seller’s instructions and manuals (including logs) for operation and maintenance. The contract price shall be decreased correspondingly if the final delivery scope is lower or less than the suggestion list.If the final profile needs to add gondolas or change the ropeway centreline, it will be determined in accordance with the itemized price in the suggestion list. . The Seller shall, within the warranty period of the contract equipment, provide for free and in time to The Buyer the ponents and accessories which cannot be used normally due to quality defects, and provide aftersales service in accordance with requirements. In accordance with the requirements of The Buyer, The Seller shall be under obligations to provide equipment, spare parts and aftersales service after the expiry of the warranty period of the contractual equipment. Both parties will sign another agreement then. The Seller shall promise to offer most favourable conditions for the clients in the People’s Republic of China. The Seller’s mitment on the increase of spare parts and gondolas in the design: The Seller shall undertake warranty obligations for the increased spare parts and gondolas in accordance with the warranty requirements in the Contract. The seller shall give advance notification to the Buyer of the pending termination, sufficient time shall be given to permit the Buyer to procure needed spare parts and gondolas,in the event of termination of production of the spare parts and gondolas。這些標(biāo)準(zhǔn)必須是有關(guān)機(jī)構(gòu)發(fā)布的最新版本的標(biāo)準(zhǔn)。:,賣方應(yīng)當(dāng)向買方交付進(jìn)一步設(shè)計(jì)的線路圖,經(jīng)雙方會(huì)審并簽字確認(rèn)后,作為雙方認(rèn)定的最終線路圖。7 DESIGN AND DESIGN LIAISON The Buyer sha