Technical consulting service contract refers to a legally binding document reached between the employer (technical recipient) and the technical consulting company (technical provider) on the relevant technical topics, technical solutions or a certain service content put forward by the employer. Main contents of technical consultation and service contract:
Technical consultation and service scope
It mainly stipulates the topics that employers need to consult and serve. It specifies the specific content of consulting services. Detailed contents, detailed technical indicators and technical parameters are usually listed item by item in the form of annexes to the contract.
Requirements and forms of consultation and service
This clause mainly stipulates that:
1. Time limit for completing consultation and service;
2. The number, educational background, qualifications and grades of personnel who undertake consulting tasks;
3. Information to be provided, final report, drawings, calculation data and final review method;
4. The number and time of training sent by the receiving party.
3. The responsibility of the addressee
This clause should mainly stipulate: the conditions that the recipient should provide for the supplier's experts to perform consulting services, including working conditions, living conditions and necessary technical information.
Pricing and payment of technical consultation and services
1. Evaluation content
(1) Expert fee
Expert fees include the basic salary of experts; Extra salary (including expert benefits and personal insurance); Regional subsidy costs; Other subsidies.
(2) Time and workload of technical services
(3) Direct costs
Direct expenses include: experts' preparation expenses for going abroad; Travel expenses; Communication fee; Data fee (including the cost of purchasing, editing, copying and drawing data).
(4) Indirect costs
Fees paid to technical service companies or consulting companies, including: salaries of managers of technical service companies or consulting companies; Office expenses of technical service companies or consulting companies; Depreciation expenses of fixed assets of technical service companies; Business tax of technical service company.
(5) Remuneration paid to technical service companies or consulting companies.
2. Pricing method
(1) opening price
The opening price means that the technical service provider only puts forward an estimated amount of technical services with a certain error range in the negotiation, and then both parties determine the total price according to the charging standard of labor (per person per day or per person per hour) of technical personnel units at all levels. The total price includes cost plus compensation.
(2) Valuation according to the percentage of the estimated project cost or the actual project cost.
(3) Calculate the technical service fee by package.
3. Payment method of technical service fee
(1) The currency of payment is generally the same as that of consulting service fees, which can be the currency of the country where the technical consulting service company is located, the currency of the country where the employer is located, or the currency of a third country agreed by both parties.
(2) Time of payment
One-time payment means one-time payment after the contract is signed, or after the experts sent by the supplier arrive at the consulting service place, or after the final report is provided by the experts of the supplier.
Installment payment Installment payment is a way to divide the amount stipulated in the contract into several batches according to the progress and task completion of consulting services.
(3) Payment documents
The supplier must provide relevant documents in advance before the recipient carries out the payment. The general requirements of the documents are:
Several original commercial invoices;
Draft (usually sight draft) in several copies;
Several mailing lists or air waybills of information and consultation reports;
After receiving the above documents, the consignee will pay the relevant money to the supplier through the bank agreed by both parties after verification.