【正文】
f the other parties, make use of any document or information enumerated in Contract Clause except for purposes of performing the Contract. All parties shall indemnify the other parties against all claims of infringement arising from the use of documents or information in violation to Clause 5 of the Contract and shall pay a pensation within thirty (30) days after such claims handed over to the other parties in the amount of equal to five (5) times the market value of the goods related to the documents and/or information misused. 6 知識(shí)產(chǎn)權(quán)賣方應(yīng)保證,買方在中華人民共和國(guó)境內(nèi)使用該貨物或貨物的任何一部分時(shí),免受第三方提出的侵犯其專利權(quán)、商標(biāo)權(quán)、知識(shí)產(chǎn)權(quán)及非專利技術(shù)等的起訴。:,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。,賣方應(yīng)當(dāng)向國(guó)家客運(yùn)架空索道安全監(jiān)督檢驗(yàn)中心提供本項(xiàng)目設(shè)計(jì)審查所需要的所有資料,完成并通過設(shè)計(jì)審查并承擔(dān)相應(yīng)費(fèi)用。 設(shè)計(jì)成果的確認(rèn)和移交:,應(yīng)交由買方進(jìn)行書面確認(rèn)且接到買方的生產(chǎn)通知后方可用于本項(xiàng)目的設(shè)備生產(chǎn)。,而賣方應(yīng)認(rèn)真對(duì)待,并盡量同意意見。7 DESIGN AND DESIGN LIAISON The Buyer shall provide, in accordance with the relevant design requirements of passenger ropeway of ., design realization stipulated in Article of Appendix 2. Progress Requirements The Seller shall provide the Buyer with the profile further designed, within 30 days after the Buyer provide the Seller with the ropeway profile measuring document. This furtherdesigned profile shall be accepted by both parties as the final profile after joint review and signature by both parties. Seller shall provide the Buyer with the qualified tower foundation design drawing, instation foundation design drawing, station equipment layout drawing and the construction drawing of the aforesaid drawings, within 60 days after the final profile is confirmed and the Buyer provides the geological survey document. The Seller shall provide to The State Safety Supervision and Inspection Center For Passenger Aerial Ropeways Of China all the documents necessary for design review of this project, within 30 days after the final profile is confirmed and the Buyer provides the geological survey document, finish and pass the design review and bear relevant expenses, The Seller shall state clearly and promise that the Seller shall be responsible for subcontracting the design of tower, instation foundation design drawing (including construction drawing) to the design pany owning the relevant qualification and bear relevant expenses if the Seller does not have the relevant qualification required by the laws of . for the design of tower, instation foundation design drawing (including construction drawing). The Seller shall provide design supervision to the subcontracting pany and bear joint liabilities for the design. The confirmation and handover of the design result. After the Seller finishes the design of this project, the Seller shall submit the design to the Buyer for written approval. Only after the production notice by the Buyer is received, can the design be used for the equipment production of this project.. The design includes:. The Seller shall handover to the Buyer in written and eversion the design, ()sets each. Design alteration after the final drawing has been confirmed The Buyer has the right to raise ments on design alteration and supplementation, whereas the Seller has to treat seriously and try to agree with the ments. The Seller shall bear all the increased expenses caused by the design alteration of this project, with the exception of the necessary design alteration due to geological conditions inconformity with the geological survey documents and of increased number of gondolas and change of ropeway centreline caused by nonseller reasons. 8 合同價(jià)格:THE CONTRACT PRICE:: 波馬法國(guó)部分:Portion of POMA France::4225000歐元,CIF重慶港,由以下部分組成: The turnkey price for the imported part of the contractual equipment is 4225000 EURO (CIF Tianjin Port), posed of the following parts:。The scope and standards of the domestic equipment shall not be lower than those stipulated in the Appendix.。不包括缷貨及二次轉(zhuǎn)運(yùn)費(fèi)用。Although it’s stipulated in the Contract that the imported part of the contractual equipment is CIF, both parties confirm that the delivery place of all imported and domestic equipment shall be delivered to the project site by the Seller (bottom station of the ropeway or goods yard accessible to the truck with containers nearest to the bottom station, not including unloading and second transportation expenses):如果波馬法國(guó)未將合同設(shè)備保險(xiǎn)或運(yùn)輸辦理至項(xiàng)目現(xiàn)場(chǎng),則波馬北京負(fù)責(zé)以其名義辦理波馬法國(guó)合同設(shè)備到港之時(shí)至到達(dá)項(xiàng)目現(xiàn)場(chǎng)的保險(xiǎn)和運(yùn)輸,并確保期間不存在任何可能導(dǎo)致風(fēng)險(xiǎn)的空隙,費(fèi)用包括在進(jìn)口部分和國(guó)內(nèi)部分包干價(jià)格中。(110%)投保的一切險(xiǎn)和戰(zhàn)爭(zhēng)險(xiǎn)至交貨現(xiàn)場(chǎng),并以買方為受益人,保險(xiǎn)費(fèi)用已包含在本合同價(jià)款中。10 INSURANCE AND RISKS ON THE WAY OF TRANSPORTATION The Goods supplied under the Contract by Seller shall be fully insured in Contract currency against loss or damage incidental to manufacture, acquisition, transportation, storage and delivery in the manner specified in Contract. Insurance is to be effected by the Seller in Contract currency for one hundred and ten percent (110%) invoiced value on an “all risks” and “war risk” basis to delivery site. The beneficiary shall be the Buyer. The Buyer shall bear the risks after the goods delivered to the delivery site. In case of loss or damage of part or all the goods on the way of transportation, no matter the insurance settles the claim or not, the Buyer shall resend relevant goods as per the original sample and price stipulated in the original contract on the requirements of the Buyer so as to reduce the influence to the project schedule. The Buyer shall pay to the Seller the corresponding price of the goods within 5 working days after the Buyer receives the settlement of the claim by the insurance pany.11 包裝:,以防止貨物在轉(zhuǎn)運(yùn)中損壞或變質(zhì)。賣方應(yīng)承擔(dān)由于其包裝或其防護(hù)措施不妥而引起貨物銹蝕、損壞和丟失的任何損失的責(zé)任。,上站和線路設(shè)備(鋼絲繩除外)的單件重量不得超過4噸。11 PACKING Seller shall provide proper packing for the goods delivered to the project site as stipulated in the Contract. The packing shall prevent the goods from damage or deterioration during the transfer and shall take necessary protection measures to protect the Contract Goods from moisture, rain, rust, corrosion and shock, and other