【正文】 period of warranty given by the Seller under Article shall be 12 months from the date of Acceptance or 16 months from the date of Last Shipment, whichever es earlier. Defect of the Equipment During the Warranty Period, should any defect due to inferior materials or bad workmanship of the Equipment be found under normal operation, the Buyer shall give the Seller a notice stating the details, together with all available evidence. The Seller shall take immediate action to eliminate the defect at the Seller’s expenses within the period agreed by both parties. If certain defect can not be eliminated despite of several attempts, the Seller shall replace the defective parts by nondefective parts at the Seller’s costs and expenses. If the defect is minor and can be corrected by the Buyer himself, all the costs and expenses occurred shall be on the Seller’s account against the Seller’s prior written consent. The Seller may devalue the Equipment according to the degree of inferiority or extent of damage as agreed by both parties. After the devaluation the Seller shall be released from its obligations and liabilities. During the Warranty Period, should any defect due to the Buyer’s improper operation or maintenance, the Seller will provide technical assistance to eliminate the defect or replace the defected parts, the costs and expenses thus occurred shall be on the Buyer’s account. The Seller shall not be responsible for any defect or damage to the Equipment arising out of the following causes: (a) Combination of the Equipment with any machinery, and/or ponent other than those supplied by the Seller (b) Alteration, modification or repair without the Seller’s prior written consent (c) Failure of the Buyer to follow the Technical Document and instructions of the Seller, including the Buyer’s improper operation and maintenance (d) Normal wear and tear During the Warranty Period, should Technical Document supplied by the Seller be found inplete, unclear or incorrect, the Seller shall be liable to supplement, replace or correct the Technical Document free of charge. In no circumstances shall any party be liable for indirect incidental or consequential damage to the other party, including loss of profit and production. Notwithstanding anything to the contrary provided in the Contract, the aggregate liability of the Seller to the Buyer under Article 5 and any other liability under this Contract shall not exceed ____ ( ) percent of the total Contract price.Article 11 Intellectual Property Right In order to put the Equipment into normal operation, the Seller grants a nonexclusive and non transferable license of knowhow, other technical information related to the Equipment’s design, Erection, Commission, operation and maintenance, which the Seller provides and discloses to the Buyer during the implementation of the Contract period. The Seller represents that it is authorized to grant the license for such purpose with respect to the Equipment. The Buyer shall not use such knowhow and other technical information received from the Seller for any purpose other than the Equipment’s design, Erection, Commission, operation and maintenance of the Equipment. The Buyer shall not disclose or divulge knowhow and other technical information to any third party without prior written consent of the Seller within eleven (11) years from the signing the Contract.Article 12 Confidentiality After signing of the Contract, both parties shall keep secret all the contents, terms, conditions of the Contract until the effectiveness of the Contract.Article 13 Taxes and Duties All taxes and duties in connection with the signing and execution the Contract, levied by Governments of the People Republic of China, including but not limited to customs duties, ine tax, sales tax, valueadded tax etc., shall be born and paid by the Seller. Taxes and Duties Levied by the Buyer’s Government All taxes and duties in connection with the signing and execution the Contract levied on the Buyer and Seller by the Buyer’s Governments, including but not limited to customs duties, ine tax, sales tax, valueadded tax etc., shall be born and paid by the Buyer. All import taxes and duties for tools and/or instruments, which the Seller’s personnel may bring to the Buyer’s country for the execution of the Contract, shall be born and paid by the Buyer. Article 14 Force Majeure If either of the Contract parties is prevented from executing the Contract due to the event of Force Majeure such as war, riot, coup, strike, embargo, flood, typhoon, tornado, snowstorm, earthquake and other events which could not be expected, avoided and overe, the affected party shall notify the other party by fax within the shortest possible time of occurrences of Force Majeure and send a certificate issued by petent authorities or agency certifying the event of the Force Majeure by registered or express mail within fourteen (14) days following its occurrence. The affected party shall not be liable for any delay or failure in performing any of its obligations due to the event of Force Majeure. However the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure as soon as possible. Both parties shall proceed with their obligations immediately upon the cease of the event of Force Majeure or the removal of the effects and the term of Contract shall be extended correspondingly. Should the effect of the event of Force Majeure last for more than one hundred and twenty (120) days, either party has the right to terminate the Contract by a written notice.Article 15 Applicable Law and Settle of Disputes Both parties agree that the applicable law of the Contract are the laws of the People’s Republic of China.16