【正文】
not qualified after the third assessment and acceptance and the responsibility lies in party b, party b shall be responsible for all the losses thus caused and party a shall have the right to terminate the contract and raise a claim against party b according to chapter 8。 acceptance of products to ensure that the know how supplied by party b is correct, reliable and advanced, both parties shall jointly perform in party a’s factory the assessment and acceptance of the contract products in accordance with the provisions of appendix 6 of the contract. according to chapter 2, the technical requirements, standards and drawings shall be taken as evidence of the assessment and acceptance of contract products. the details are set forth in appendix 1 of the contract. if the contract products are qualified, both parties shall jointly sign a certificate of acceptance in four copies, two for each party. if the products cannot meet the requirements of the contract, both parties shall hold friendly discussions to analyse the reasons and take measures to correct any defect and prepare for the second assessment and acceptance of the contract products. if the failure of the first assessment and acceptance is due to party b’s responsibility, party b shall send experts to participate in the second or the third assessment and acceptance, and expenses thus occur shall be borne by party b。 equipment the delivery of the equipment and equipment technical documents shall be subject to the terms of delivery of the epc. within 2 working days after each lot of technical documentations is shipped, party b shall notify party a by telephone the date of shipment, quantity, number of cases, weight, number of airbill of lading, contract number, flight number and expected date of arrival and send by air mail register to party a the following documents: (1)air bill of lading one original and four copies. (2)detailed list of technical documentations in three copies. if the technical documentations are hand carried to shenzhen, the date when party a signs the receipt shall be taken as the date of delivery of the technical documentations. in case of any loss, shortage of damage of the technical documentations during shipment, party b shall, within the possible shortest time which, however, doesn’t exceed 20 days from notification by party a, make replacement to party a free of charge. the packing of the technical documentations should be strong, suitable for long distance transportation and repeated loading and unloading. precautions against rain and moisture shall also be taken. each case shall be marked in english indicating the following contents: (1)contract number:_________ (2)consignee:_________ (3)shipping mark:_________ (4)destination:_________ (5)consignor:_________ (6)weight:_________ (7)case number:_________ in each case, a detailed packing list in two copies shall be inserted. 6. modifications amp。 scopes of contract party b agrees to transfer to party a and party a agrees to procure from party b the knowhow to manufacture the contract products. party a shall, in its own factory, use the know how and equipment supplied by party b to manufacture qualilied contract products of which the specifications, types, quantity, technical specification and standards are specified in appendix 1 of the contract. party b shall provide to party a the plete set of engineering documents and technical documentations to be used for the manufacture of contract products in party a’s factory. such engineering documents and technical documentations shall correctly direct the manufacture. details are set forth in appendix 2 of the contract. the related technical standards shall be submitted by party b at the same time the technical documentation is provided. the technical documentation covering the know how to meanufacture the contract products shall be plete. in addition to providing the know how, party b shall also select and provide to party a the key equipment necessary for the manufacture of contract products. the requirements and specifications are specified in the “equipment purchase contract”(epc)of which the delivery and payment are subject to the provisions there of. to ensure the manufacture of contract products, party b agrees to the introduction of some domestic equipment by party a bo be used with the equipment provided by party b in the manufacture. details of such domestic equipment are set forth in appendix 4 of the contract. party b shall, according to the conditions and requirements as specified in appendix 4, render technical training to party a’ s personnel in the factory of party b so as to ensure that the personnel can master the know how and be able to manufacture the contract products. party b shall, according to the conditions as specified in appendix 5, assign petent ex. perts to party a’s factory to render technical supervision and technical service. 3. contract price_________shall be training fee. the above contract price is fixed and shall include the expenses to ship all the technical documentation to shenzhen as specified in chapter 2 of the contract. such contract price shall also include the expenses for party b to carry out the other contract obligations of this contract. all the calculations and payment of expenses of this contract shall be in u/s/dollars. the total price of the equipment shall be_________. the execution shall be subject to the provisions of the epc. 4. payment amp。 and whereas nanfang technology co., ltd. wishes to utilize the know how possessed by party b to manufacture, sell and exportthe contract products。 與本合同有關(guān)的所有技術(shù)文件和技術(shù)資料均用英文書就。 本合同附件一至附件六是本合同不可分割的一部分,與合同正文具有同等效力。合同有效期滿,無須任何手續(xù),則本合同自動失效。凡屬正式通知以掛號信郵寄一式兩份。雙方均應(yīng)盡最大努力在60天內(nèi)獲得批準(zhǔn),并用電傳或電報通知另一方,然后用航空掛號信予以確認(rèn)。 因發(fā)生不可抗力而影響了合同的執(zhí)行,如果事故延續(xù)20天以上,則雙方應(yīng)盡快通過友好協(xié)商方式協(xié)商合