1. Is the service contract a purchase and sale contract or a technical contract?
It is a technical contract, and the purchase and sale contract mainly refers to the sales contract, which is an agreement on the external sales and external processing of the company's products. Technical service contract is mainly a contract concluded by one party to solve a specific technical problem for the other party with technical knowledge.
According to article 878 of the Civil Code,
A technical consultation contract is a contract in which one party provides the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report on a specific technical project with technical knowledge. 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.
2. What's the difference between a technology contract and a purchase and sale contract?
1, the contract content is different.
The main difference between the purchase and sale contract and the technology contract lies in the difference of the contract contents. Purchase and sale contract is a form of purchase and sale contract, which is basically consistent with the requirements of purchase and sale contract. It is an agreement that one party transfers the ownership or management right of goods to another party, and the other party pays the price.
A technology contract is a contract concluded between the parties for technology development, technology transfer, technical consultation or technical service, so as to establish the rights and obligations of both parties.
2. Different characteristics
The characteristics of purchase and sale contracts are paid contracts, bilateral contracts, non-acceptance contracts and non-acceptance contracts.
The essence is to transfer the ownership of the subject matter in a paid way, that is, the seller transfers the ownership of the subject matter to the buyer, and the buyer pays the price to the seller. In the sales contract, both the buyer and the seller enjoy certain rights and assume certain obligations. A sales contract does not require the parties to deliver the subject matter, nor does it need to have a certain form for the contract to take effect, except as otherwise provided by law.
A technology contract is a supplementary part of a technology contract, and it is a contract concluded by the parties for technology development, transfer, consultation or service to establish mutual rights and obligations.
3. Which contracts belong to technical service contracts?
(1) product design services, including the design of key parts, domestic accessories, special tooling and measuring tools, the design of non-standard equipment with special technical requirements, and other designs to improve product structure;
(2) Process services, including process preparation with special technical requirements, process technical guidance in the trial production of new products, and improved design of other process flows;
(3) Testing and analysis services, including testing and analysis of technical achievements with special technical requirements, performance testing and analysis of new products, new materials and new plant varieties, and other non-standardized testing and analysis;
(four) computer technology application services, including computer hardware, software, embedded systems, computer network technology application services, computer aided design system (CAD) and computer integrated manufacturing system (CIMS) promotion, application and technical guidance;
(five) debugging and technical guidance of new or complex production lines;
(six) information processing, analysis and retrieval of specific technical projects;
(seven) agricultural technical services before, during and after delivery, including technical services to popularize technological achievements, improve agricultural output and quality, develop new varieties, reduce consumption and improve economic and social benefits.
(eight) the formulation of technical standards for special products;
(9) implanting specific genes into animal and plant cells and carrying out gene recombination;
(ten) qualitative and quantitative technical analysis of major accidents;
(eleven) qualitative and quantitative technical appraisal or evaluation of major scientific and technological achievements.
Matters listed in the preceding paragraph shall not be regarded as technical service contracts if they fall within the general daily business scope of the parties.