技术引进协议书（通用32篇）

　　7.3 if the contract products are qualified， both parties shall jointly sign a certificate of acceptance in four copies， two for each party.

　　7.4 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.

　　7.5 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; if the failure is due to party a's responsibility， the expenses shall be borne by party a.

　　7.6 if after the second assessment and acceptance the products still cannot meet the requirements， if the responsibility lies in party b， party b shall compensate party a for the direct economic losses thus occur， take measures to correct the defects and participate in the third assessment and acceptance; if the responsibility lies in party a， all the losses shall be borne by party a itself.

　　7.7 if the products are still 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; if the responsibility has in party a， both parties shall mutually discuss the further implementations of the contract.

　　8. guarantee & claim

　　8.1 party b guarantees that technical documentations are those used by party b and such documentations are proved reliable and of latest technology. party b also guarantees that during the term of contract， party b shall notify party a on time of any development and improvement of the technology it achieves.

　　8.2 party b guarantees that the delivered technical documentations are complete， correct， uniform， clear and the delivery is on time. detailed requirements are as follows;

　　complete: the technical documentations delivered by party b shall include all those specified in appendix 2 of the contract without omission.

　　correct: there is no error in the technical documentations delivered by party b. when party a strictly follows such documentations， the products manufactured are qualified.

　　uniform: all the signs， standards and specifications used in the technical documentions are uniform and there is no contradiction.

　　clear: all the drawings， lines， language notes， signs， etc. used in the technical documentations are clear and easy to read.

　　on time: the date of delivery of the technical documentations shall not be later than the delivery schedule as set forth in appendix 2 of the contract.

　　8.3 if there is any part of the technical documentations not in conformity with the requirements of 8.2， party b shall， within 30 days from receipt of notice from party a， make supplements or replacements free of charge.

　　8.4 the delivered equipment shall be installed and tested by party b and shall fully comply with the technical requirements and processing quality of the contract.

　　8.5 if the equipment supplied by party b cannot meet the requirements of 8. 4， party b shall replace and retest such equipment until it meets the requirements.

　　8.6 if any portion of the technical documentations is delivered late as specified in appendix 2 of the contract， party b shall， from the 2nd day， pay to party a a penalty as follows:

　　for late delivery of 1 to 4 weeks， the rate of penalty shall be o. 1% of the total contract price per each delayed week;

　　for late delivery of 5 to 8 weeks， the rate of penalty shall be o. 15% of the total contract price per each delayed week;

　　for late delivery of more than 8 weeks， the rate of penalty shall be 0.2 % of the total contract price per each delayed week.

　　however， the total amount of the above penalty shall not exceed 5 % of the total contract price.

　　8.7 the payment of any penalty by party b according to 8. 6 shall not release the obligation of party b to continue the delivery of the technical documentations.

　　8.8 in case the late delivery of the technical documentations exceeds 4 months， party a shall have the right to terminate the contract. in this case， party b shall refund to party a the amount which party a has paid to party b plus the related interest at the rate of 10% per year immediately， but in no case shall such refunding by party b exceeds 30 days from receipt from party a of the notice to terminate the contract.

　　8.9 in case the acceptance of the contract products according to chapter 7 cannot be successful after three attempts due to party b' s responsibility， and within the mutually agree - upon extended period， party b still cannot correct the defects， party a shall have the right to terminate the contract.in this case， party b shall refund to party a the amount which party a has paid to party b plus the related interest at the annual rate of 10% within the time specified in 8.8 and be responsible for the losses thus caused to party a.

　　9. intringement

　　9.1 party b guarantees that it can legally transfer the know - how of the contract products to party a without any interference or charge from any third party. in case of any interference or charge from a third party， they shall be handled by party b and the third party. the responsibility and loss， either legally or economically， shall be borne by party b.

　　9.2 after termination of the contract term， party a shall still have the right to use the know- how and technical documentations to manufacture contract products.

　　10. tax

　　10.1 any tax relating to the implementation of the contract imposed by party a's country shall be paid by party b.11. arbitration

　　11.1 any dispute arising from the implementation of the contract shall be settled through friendly consultations. if no settlement can be reached， both parties shall agree to submit the dispute for arbitration.

　　11.3 the result of such arbitration shall be final and binding upon both parties.

　　11.4 both parties shall continue their respective contract obligations except those under arbitration.

　　12. force majeure

　　12.1 force majeure shall refer to war， flood， fire， typhoon， earthquake and other accidents that both parties mutually agree as force majeure.

　　12.3 if the implementation is affected by force majeure and the accident lasts for more than 20 days， both parties shall hold friendly discussions as soon as possible with regard to the further implementation of the contract.

　　13. effectiveness， termination of contract & miscellaneous

　　13.1 after this contract is signed by the duly authorized representatives of both parties， both parties shall submit the contract to their governments or boards of directors for approval. the date when the later party obtains the approval shall be taken as the effective date of the contract. both parties shall attempt to get the contract approval within 60 days from signing and notify by telex or cable the other party of the approval which is confirmed by the following registered air - mail letter.

　　13.3 correspondence relating to the implementation of the contract between both parties shall be in either chinese or english. formal notice sent by registered mail shall be in duplicate.

　　13.4 the term of contract shall be 60 months from the date when party a can manufacture qualified contract products with the know- how and equipment supplied by party b. upon expiration of such term of contract， the contract shall automatically become voil and null.

　　13.5 the termination of the contract shall not release any party from the obligations to pay the debts between the two parties.

　　13.6 the six appendices shall form an integral part of the contract and shall bear the same force as the contract itself.

　　13.7 any changes or amendments to the contract cause shall be mutually agreed upon by both parties and signed by duly authorized representatives. such changes or amendments shall be an integral part of the contract and have the same force as the other clauses.

　　13.8 all the technical documentations shall be written in english.

　　party a(signature):_________

　　party b(signature):_________

　　date:_________

　　date:_________

技术引进协议书 篇32

　　合同号:____________

　　甲方: (中方)_______________________________

　　法定地址:__________________________________

　　乙方: (外方)_______________________________

　　法定地址:__________________________________

　　合同签约日:________________________________

　　合同签约地:________________________________

　　前 言

　　鉴于乙方拥有技术，并有能力制造合同设备，乙方有权利并愿意许可给甲方；

　　鉴于甲方愿意从乙方获得制造合同设备的技术及合同设备。

　　为此，双方在协商一致的基础上，同意按如下条款签订本合同。

　　第一章 定 义

　　1.1. 合同产品指本合同附件一中所列的全部产品。

　　1.2. 技术资料：包括专利申请文件及实施与该专利有关的(产品设计图纸、工艺图纸、工艺配方、工 艺流程以 及制造合同产品所需的工装、设备清单等)技术资料。