(1) List of technical consulting services provided by suppliers, including items, purposes, scope, contents and conditions of providing technical consulting services.
(2) If the international technical consulting service contract involves dispatching engineers, experts and professional technicians, the level, number, specific specialty, workload, tasks to be completed, acceptance criteria, workplace, working period, daily wage standard and other treatment of the dispatched engineers, experts and professional technicians shall be clearly defined in the contract, and no blank shall be left. At the same time, it should be stipulated that if the personnel dispatched by the supplier do not meet the requirements of the contract and are incompetent, the recipient has the right to ask the supplier to replace and reassign suitable personnel.
(3) personnel training. The purpose, content (such as specialty and type of work), objectives to be achieved, training method, training place, time and duration, entry and treatment of trainees, and treatment methods for teachers or trainees who lose their working ability and have accidents shall be clearly stipulated in the contract.
(4) The supplier's guarantee and guarantee for completing the technical consulting service project. For example, the supplier shall ensure that qualified, experienced, competent and healthy professional technicians are dispatched to the recipient to provide technical services according to the contract; Ensure that its professional and technical personnel can seriously teach technology in the process of technical service and answer technical questions raised by students patiently and accurately; Ensure that the training content stipulated in the contract and the relevant information and instructions needed in the training process are provided to the trainers of the receiving party. For another example, the supplier must ensure the technical objectives of the recipient, such as production capacity, product quality and productivity, and must make appropriate estimates and propose solutions to the difficulties that may be encountered in the process of shrinking production scale and changing raw materials and product structure. If the production equipment provided by the supplier is defective, it must be repaired or replaced; If the technical guidance materials, inspection standards and drawings guaranteed by the supplier are defective, they must be replaced, and the above expenses shall be borne by the supplier.
(5) Calculation and payment of remuneration for international technical consulting services. The contents and methods of international technical consulting services are varied, so the remuneration of international technical consulting services is also varied, including consulting fees, service fees, technical data fees, training fees, expert fees, installation fees, debugging fees, maintenance fees and so on.
(6) Relationship with other contracts. The technical consulting service provided by the supplier is to supervise and manage the engineering construction contracted by an independent third party, and the relationship between the supervision contract and the contract should be stipulated in the contract.
(7) Acceptance terms. For the international technical consulting service contract, the acceptance clause is very important, which is the key to ensure whether the technical consulting service provided by the supplier meets the contract requirements. It may be stipulated that the acceptance shall be made by the recipient alone or by the supplier and the recipient jointly. Or entrust a third party to check and accept.
(8) Other clauses, such as the clauses on remedies and claims for breach of contract, dispute settlement and applicable laws.
Legal basis:
Article 878 of the Civil Code of People's Republic of China (PRC) * * * A technical consultation contract is a contract in which one party with technical knowledge provides the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report, etc. For a specific technical project. Technical service contract is a contract concluded by one party to solve specific technical problems for the other party with technical knowledge, excluding contract and construction project contract.
Article 882 The client of a technical service contract shall provide working conditions, complete cooperation matters, accept the work results and pay remuneration in accordance with the agreement.
Article 883 The trustee of a technical service contract shall complete the service project, solve technical problems, ensure the quality of work and impart knowledge on solving technical problems in accordance with the agreement.
Article 884 Where the client of a technical service contract fails to perform its contractual obligations or fails to meet the contract obligations, thus affecting the progress and quality of the work, and refuses to accept the work results or fails to do so within the time limit, the paid remuneration shall not be recovered, and the unpaid remuneration shall be paid. If the trustee of a technical service contract fails to complete the service work as agreed, he shall be liable for breach of contract such as exemption from remuneration.
Article 885 During the performance of the technical consultation contract and technical service contract, the new technical achievements made by the agent by using the technical data and working conditions provided by the client belong to the agent. The new technological achievements made by the trustor using the work achievements of the trustee belong to the trustor. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 886 Where the technical consulting contract or technical service contract does not stipulate or clearly stipulate the burden of the expenses required for the normal work of the agent, it shall be borne by the agent.