英文技術(shù)服務(wù)合同范本

1、英文技術(shù)服務(wù)合同范本導(dǎo)語：技術(shù)服務(wù)合同是指當(dāng)事人一方以技術(shù)知識(shí)為另一方解決特定技術(shù)問題所訂立的合同。下面小編分享英文技術(shù)服務(wù)合同范本，歡迎參考！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 Service1.1 Whereas Client desires to obtain the technical consultancy service of from Consultant and Consultant has agreed to pe

3、rform such services.1.2 The Scope of Technical Services is defined in Appendix 1.1.3 The Time Schedule for the Services is shown in Appendix 2.1.4 The Manning Schedule is described in Appendix 3.1.5 Consultant shall complete the Services within_months from the Effective Date of this Contract and fur

4、nish the final technical 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

5、.Article 2 Both Parties Responsibility and Liability2.1 Client 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 n

6、ominate a general representative who shall be available at reasonable time.2.2 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 ex

7、penses shall be borne by Consultant.2.3 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 Consul

8、tants responsibility, and Consultant 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.2.4 Consultant shall provide Client all the technical technical service reports

9、and relevant documentation within the Scope of Technical Services and within the Time Schedule of the Time Schedule for the Services.2.5 Consultant shall assist ClientS personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consul

10、tant shall supply to ClientS personnel office space and necessary facilities as well as transportation.2.6 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 tha

11、t such damage or injury directly results from negligence of Consultants personnel while engaged in activities under this Contract.Consultant shall be liable only to the work under this Contract.2.7 Any and all liability of Consultant with respect to this Contract shall be limited to the Total Contra

12、ct Price received by Consultant for his profession services and shall terminate upon expiration of the warranty period set forth in Article 7.3.Article 3 Price and Payment3.1 The total contract price is_(say _only) in_(currency). The breakdown prices of the above mentioned total contract price are a

13、s follows:Contract Price for Item 1: _(say _only) in_ (currency); Contract Price 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).3.2 The total contract price will include all the service and techn

14、ology provided by Consultant. The total contract price shall be firm and fixed and 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

15、 and includes the expenses incurred in sending the Technical Documentation to Clients 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

16、 contemplated in the Scope of Services the parties shall friendly discuss an amendment 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.3.3 All payments to be made by Client to Consultant und

17、er the present Contract shall be made by telegraphic transfer. In case of any payment 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 acco

18、rdance with the following manner and percentage:3.3.1 _ percent (_ %) of the total contract price, i.e._ (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

19、 two (2) duplicate copies of Consultants government approval, or a written statement of the competent 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 paym

20、ent issued by Consultants Bank in favor of Client covering_(Say:_ only), specimen of which is 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

21、 draft.The said shall be delivered by Consultant not later than _days after the effective date of the _present Contract.3.3.2 _percent (_%) of the Contract price for Item 1, i.e._ (Say: _ only) shall be paid by Client to Consultant within _ (_) days after Consultant has received the following docume

22、nts 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 (2) copies of sight draft.3.3.3 _ percent (_%) of the Contract price for Item 2, i.e. _ (Say: _

23、 only) shall be paid by Client to Consultant within _ (_) days after Licensee has received the following documents 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

24、be paid;C. Two (2) copies of sight draft.3.3.4 _percent (_%) of the Contract price for Item 3, i.e._ (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 techni

25、cal 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.3.3.5 _percent (_%) of the Contract price for Item 4, i.e._ (Say: _ only) shall be paid by Client to Consultant within _ (_) days after Consultant h

26、as 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 (2) copies of sight draft.3.3.6 _percent (_%) of the Total Cont

27、ract price , i.e._ (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. Five (5) copies of manually signed commercial invoice indicating the amount to be paid;B. Two (2) copies of

28、 sight draft.3.4 In case Consultant is liable for paying to Client the penalty under the Contract, Client shall have the right to deduct it from any said payment.3.5 The banking charges of both parties incurred in China for the execution of the Contract shall be borne by Client and those incurred ou

29、tside China shall be borne by Consultant.Article 4 Delivery Schedule4.1 The deadline for the arrival of the Technical service reports CIF _ are:A. Technical service report on Item 1 : _months after effectiveness of the Contract;B. Technical service report on Item 2 : _months after effectiveness of t

30、he Contract;C. Technical service report on Item 3 : _months after effectiveness of the Contract;D. Technical service report on Item 4 : _months after effectiveness of the Contract.4.2 Consultant will inform Client by Fax when the Technical service reports are airmailed to Client indicating the date

31、and number of airway bill. Client will inform Consultant when the Technical service reports have been received.4.3 Should any document be missing or damaged during the transport Consultant shall be notified accordingly and within two (2) weeks the missing or damaged document shall be replaced by Con

32、sultant free of charge.Article 5 Confidentiality5.1 All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consultant by Client shall be considered confidential and shall not be divulged to any person, firm or corporatio

33、n other than Client or its designated representatives. This Clause shall remain binding on Consultant notwithstanding the termination of the Contract for any reason.5.2 Within the validity period of Contract, Both parties shall take proper measures to keep the materials or information strictly confi

34、dential. The other party shall not disclose or divulge to any third party without prior written consent of one party.5.3 Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of t

35、he 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 other party.Article 6 Taxes and Duties6.1 All taxes and duties in connection with and in the execution of Contract levied by

36、 the Chinese government on Client in accordance with the tax laws of PRC shall be borne by Client.6.2 All taxes and duties levied by the Chinese government on Consultant, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PR

37、C 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 Consultant.Client is legally obliged to withhold, as a withholding agent, the amount of taxes pro rata each taxable payme

38、nt 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 taxes, Client shall forward them to Consultant without undue delay.6.3 All taxes and duties arising outside PRC in con

39、nection with and in the execution of Contract shall be borne by Consultant.Article 7 Warranty7.1 Consultant warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract sha

40、ll be performed by competent personnel in accordance with accepted standards.7.2 In the event of a failure of Consultant to provide to Client satisfactory services within the scope of work described in Appendix at any time for any reason within the control of the Consultant, Client may notify Consul

41、tant 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 matter to the satisfaction of Client, all charges shall cease forthwith until such time as Consultant is abl

42、e to provide satisfactory services in accordance with the Scope of work described in Appendix.7.3 Consultant guarantees to Client that he shall, after receipt of notice from Client, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.Article 8 Owne

43、rship of Technical Service Reports8.1 Final 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 Services, shall be the property of Client. Such materials shall be sorted and indexed by Consu

44、ltant prior to transmission to Client.8.2 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 Contract, shall not be used by Consultant for purposes not related with this Project witho

45、ut the prior written approval of Client.Article 9 Assignment9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.Article 10 Termination10.1 If, due to the responsibility of Consultant, the technical servic

46、e 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 following rates:A. _ percent (_%) of the total contract price per week for the first four

47、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.10.2 The tota

48、l 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 obligation to deliver technical service reports.10.3 Client may, without prejudice to any other remedy for Consul

49、tants following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if ConsultantA. Fails to deliver any or all of technical service reports within_(_) days after the scheduled delivery date as specified in Article 1; orB. Fails to make the t

50、echnical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1.Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of_ percent (_%) per annum in case of such a termination.10.4 Either party may, without

51、prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party.A. fails to perform its confidentiality obligation under Contract; orB. fails to perform any other obligations under Contract except minor parts thereof, and does not

52、 remedy for its failure within a period of_ (_) days upon receipt of the written notice or a period agreed upon between the parties; orC. becomes bankrupt or insolvent; orD.Affected by any event of Force Majeure for more than _ days.Article 11 Force Majeure11.1 Should either party be prevented from

53、performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registere

54、d airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party sha

55、ll inform the other party by fax the termination or elimination of the event of Force Majeure without delay.11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly.Article 12 Arbitration12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission，Shenzhen Commissio