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國際技術(shù)咨詢服務(wù)合同
國際技術(shù)咨詢服務(wù)合同是雙務(wù)、有償、諾成的合同。下面是小編整理的幾篇國際技術(shù)咨詢服務(wù)合同范本，歡迎閱讀參考。
國際技術(shù)咨詢服務(wù)合同范本【1】
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 as “Consultant”), as the other party, concerning the technical consultancy service of_____, under the following terms and conditions:
Article 1 Contents of Technical Consultancy Service
1.1 Whereas Client desires to obtain the technical consultancy service from Consultant and Consultant has agreed to perform 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 furnish 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.
Article 2 Both Parties' Responsibility and Liability
2.1 Client shall furnish to Consultant the pertinent data, technical service reports, maps and information available to him and shall give Consultant the reasonable assistance necessary for carrying out of his duties. Particularly Client shall nominate 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 expenses 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 Consultant's responsibility, and Consultant shall hold Client harmless from any claims of any kind by Consultant's personnel arising out of any acts by Consultant or its personnel in connection with the work performed hereunder.
2.4 Consultant shall provide Client with all the technical service reports and relevant documentation within the Scope of Technical Services and within the Time Schedule for the Services.
2.5 Consultant shall assist Client‘s personnel in his country in obtaining visas and in arranging lodgings. Hotel and boarding expenses shall be borne by Client. Consultant shall supply Client’s personnel with 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 that such damage or injury directly results from negligence of Consultant's 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 Contract 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 Payment
3.1 The total contract price is__________(say ____________only) in ________(currency). The breakdown prices of the above mentioned total contract price are as 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 shall include all the service and technology 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 People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Client's 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 contemplated in the Scope of Services, the parties shall friendly discuss an amendment to the total 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 under 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 accordance 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 two (2) duplicate copies of Consultant's government approval, or a written statement of the competent authorities or relevant agency of Consultant's country certifying that such document is not required;
B. One (1) original and one (1) duplicate copy of Irrevocable Letter of Guarantee for advance payment issued by Consultant's 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 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 Client has 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.
3.3.3 _____ percent (____%) of the Contract price for Item 2, i.e. _______(Say: ______ only) shall be paid by Client to Consultant within ________ (___) days after Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 2;
B. Five (5) copies of manually signed commercial invoice indicating the amount to 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 Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 3;
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 Client has received the following documents provided by Consultant and found them in order.
A. Ten (10) copies of technical service report on Item 4;
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 Contract price, i.e.______ (Say: ______only) shall be paid by Client to Consultant within _____ (__) days after Client 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 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 outside China shall be borne by Consultant.
Article 4 Delivery Schedule
4.1 The deadline for the arrival of the Technical service reports CIF _____ is:
A. Technical service report on Item 1: _________months after effectiveness of the Contract;
B. Technical service report on Item 2: _________months after effectiveness of the Contract;
C. Technical service report on Item 3: _________months after effectiveness of the Contract; and
D. Technical service report on Item 4: ________months after effectiveness of the Contract.
4.2 Consultant shall inform Client by fax when the Technical service reports are airmailed to Client indicating the date and number of airway bill. Client shall 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 Consultant free of charge.
Article 5 Confidentiality
5.1 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 corporation 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 confidential. 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 the 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 Duties
6.1 All taxes and duties in connection with and in the execution of Contract levied by 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 PRC and the government of Consultant's 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 payment 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 connection with and in the execution of Contract shall be borne by Consultant.
Article 7 Warranty
7.1 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 shall be performed by competent personnel in accordance with accepted standards.
7.2 In the event of a failure of Consultant to provide Client with satisfactory services within the scope of work described in Appendix 1 at any time for any reason within the control of the Consultant, Client may notify Consultant 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 able to provide satisfactory services in accordance with the Scope of work described in Appendix 1.
7.3 The Consultant‘s guarantee liability shall expire _____ months after its consultancy service is finally inspected and accepted by Client, or after final payment is made.
Article 8 Ownership of Technical Service Reports
8.1 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 Consultant 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 without the prior written approval of Client.
Article 9 Assignment
9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
Article 10 Termination
10.1 If, due to the responsibility of Consultant, the technical service 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 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 total liquidated damage for late delivery shall not exceed ______ percent (____%) of the total contract price. Payment of the liquidated damage for late delivery shall not release consultant from its obligation to deliver technical service reports.
10.3 Client may, without prejudice to any other remedy for Consultant's following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant
A. Fails to deliver any or all of technical service reports within______(____) days after the scheduled delivery date as specified in Article 4; or
B. Fails to make the technical 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 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; or
B. Fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of______ (____) days upon receipt of the written notice or a period agreed upon between the parties;
C. Becomes bankrupt or insolvent; or
D. Affected by any event of Force Majeure for more than ______ days.
Article 11 Force Majeure
11.1 Should either party be prevented from 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 registered 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 shall 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 Arbitration
12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Sub-commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
Article 13 Language and Standards
13.1 Correspondence except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.
13.2 Measures shall be written in the metric system.
Article 14 Governing Law
14.1 The construction, validity, and performance of this Contract shall be governed by the laws of the People's Republic of China.
Article 15 Effectiveness of the Contract and Miscellaneous
15.1 Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
15.2 Contract shall be valid and remain in force for_______(____) years from the Date of Effectiveness.
15.3 The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
15.4 Appendices hereof shall be integral parts of Contract and have the same legal force as the text of Contract itself. The text of Contract shall prevail in case of any discrepancies between the text of Contract and Appendices.
15.5 All amendments, supplements, subtractions, or alterations to Contract shall be made in written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall from an integral part of Contract and shall have the same legal force as the text of Contract.
15.6 All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails.
15.7 The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Buyer and two (2) for the Seller.
Client:
Address:
Post Code:
Telephone: Fax:
E-mail:
Authorized Representative signature:
Signing Date:
Consultant:
Address:
Post Code :
Telephone:. Fax:
E-mail:
Authorized Representative signature:
Signing Date
國際技術(shù)咨詢服務(wù)合同范本【2】
編號:_________
簽訂日期:_________年_________月_________日
中國_________公司(以下簡稱“甲方”)為一方，_________國_________公司(以下簡稱“乙方”)為一方，雙方就工程的技術(shù)咨詢服務(wù)，授權(quán)雙方代表按下列條款簽訂本協(xié)議書:
一、甲方請乙方就工程提供技術(shù)咨詢服務(wù)，乙方愿意提供這樣的服務(wù)。
二、乙方向甲方提供的技術(shù)咨詢服務(wù)范圍如下:
1.壩基巖體穩(wěn)定、變形及基礎(chǔ)處理措施。
2.大壩下游的防洪防沖和岸坡保護(hù)問題。
3.庫岸滑坡涌浪問題及岸坡變形觀測技術(shù)。
三、乙方的責(zé)任如下:
1.乙方應(yīng)于_________年_________月內(nèi)派遣_________名身體健康、能夠勝任工作的專家來中國進(jìn)行_________天的技術(shù)咨詢服務(wù)，派出技術(shù)咨詢專家的名單應(yīng)事先征得甲方同意。
2.乙方專家應(yīng)到現(xiàn)場考察，并正確、全面地解答甲方人員提出的咨詢問題，在離開中國前，向甲方提出咨詢報(bào)告初稿，并在離開中國后一個月內(nèi)提出正式咨詢報(bào)告一式_________份，報(bào)告內(nèi)容應(yīng)包括附件一所列內(nèi)容，并用英文書就。
3.乙方的專家在中國進(jìn)行技術(shù)咨詢服務(wù)的時間為_________個日歷日(包括_________個旅途日和_________個周末日)，每周工作六天，每天工作八小時。
4.專家在中國工作期間應(yīng)遵守中國的法律和工作地區(qū)的有關(guān)規(guī)定。
5.乙方將正式的技術(shù)咨詢報(bào)告給甲方寄出后，應(yīng)以電傳通知甲方如下內(nèi)容:報(bào)告寄出日期、郵單號。
6.技術(shù)咨詢報(bào)告如在郵寄途中丟失，乙方接到甲方通知后立即免費(fèi)補(bǔ)寄。
四、甲方的責(zé)任范圍:
1.考慮到本協(xié)議第二、三條所規(guī)定的乙方所提供的咨詢服務(wù)，甲方支付給乙方一筆總費(fèi)用，其金額為_________美元(大寫_________美元整)。
2.為乙方3名專家提供在中國境內(nèi)食、宿及工作需要的交通。
3.提供工作必須的技術(shù)資料、圖紙和技術(shù)文件。
4.提供在中國工作所需的翻譯人員。
5.協(xié)助辦理專家出入中國簽證和在中國居留、旅行手續(xù)并提供方便。
五、費(fèi)用的支付
1.本協(xié)議書的費(fèi)用以美元支付。
2.本協(xié)議總金額25%，計(jì)_________美元，在乙方派出的專家到_________后，甲方憑收到下列單據(jù)，經(jīng)審核無誤后3天內(nèi)通過_________銀行和_________銀行向乙方支付。
a._________公司北京辦事處出具的以甲方為受益人金額為協(xié)議總金額25%計(jì)_________(美元)不可撤銷的保證函正副本各一份(保證函格式見本合同第二號附件)。
b.商業(yè)發(fā)票正本一份、復(fù)印本五份。
3.本協(xié)議總金額75%，計(jì)_________美元在乙方完成技術(shù)咨詢服務(wù)并提交正式的技術(shù)咨詢報(bào)告后，甲方憑收到下列單據(jù)，經(jīng)審核無誤后不遲于_________天通過_________銀行和_________銀行向乙方支付。
a.商業(yè)發(fā)票正本一式六份。
b.即期匯票一式兩份。
c.郵寄正式技術(shù)咨詢報(bào)告的郵單或空運(yùn)單一式兩份。
六、凡在中國以外所發(fā)生的一切銀行費(fèi)用由乙方承擔(dān)。在中國發(fā)生的一切銀行費(fèi)用由甲方承擔(dān)。
七、雙方應(yīng)對互相提供的一切資料給予保密，未經(jīng)對方書面同意不得向第三者透露。
八、稅費(fèi)
1.中國政府根據(jù)現(xiàn)行稅法對甲方課征有關(guān)執(zhí)行本協(xié)議的一切稅費(fèi)，由甲方支付。
2.中國政府根據(jù)現(xiàn)行《中華人民共和國個人所得稅法》對乙方課征有關(guān)執(zhí)行本協(xié)議的一切稅費(fèi)由乙方支付。
3.中國境外課征有關(guān)執(zhí)行本協(xié)議所發(fā)生的一切稅費(fèi)將由乙方支付。
九、甲方和乙方在執(zhí)行協(xié)議中發(fā)生的一切爭執(zhí)應(yīng)通過雙方友好協(xié)商解決。
十、執(zhí)行本協(xié)議的一切文件與資料應(yīng)以英文書寫并采用公制。
十一、本協(xié)議書經(jīng)雙方簽字后需經(jīng)中國政府批準(zhǔn)才能生效。本協(xié)議以英文寫成一式兩份，雙方各執(zhí)一份，具有同等效力。
十二、雙方法定地址
中國_________公司
地址：_________
電傳：_________
_________國_________公司
地址：_________
電傳：_________
甲方(蓋章)：_________ 乙方(蓋章)：_________
代表(簽字)：_________ 代表(簽字)：_________
簽訂地點(diǎn)：_________ 簽訂地點(diǎn)：_________
附件
不可撤銷的保證函
受益人：中國_________公司
關(guān)于貴公司與_________公司(以下簡稱乙方)于_________年_________月_________日簽訂的總金額為_________美元的第_________號協(xié)議書(以下簡稱協(xié)議書)，我辦事處愿對乙方向貴公司完全履行上述協(xié)議所規(guī)定的義務(wù)負(fù)責(zé)下列保證責(zé)任：
我們保證責(zé)任范圍為上述協(xié)議總金額的25%即_________美元，如果貴公司書面通知乙方未能按照上述協(xié)議規(guī)定向貴公司履行協(xié)議義務(wù)而要求退款時，我辦事處在接到上述通知后3天內(nèi)，無條件地將貴公司按上述協(xié)議書第五章第二條規(guī)定已支付給乙方的金額計(jì)_________美元整退還給貴公司，本保證函自即日起生效，有效期到乙方全部履行本協(xié)議義務(wù)之日終止。
_________公司
_________年_________月_________日
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