Goods trade negotiation, that is, goods purchase and sale negotiation, has the following characteristics: ① The difficulty is relatively simple. First, most goods have common technical standards; second, most transactions are repetitive transactions; third, most of the negotiation content revolves around rights and obligations related to physical goods. But it must not be underestimated, especially for initial cooperation, large transactions, and international goods sales. ②The terms are relatively comprehensive.
Technology trade negotiations include negotiations on technical services, invention patents, engineering services, proprietary technologies, trademarks and franchise rights. The introduction and transfer of technology are two aspects of the same process. Where there are recipients of imported technology, there are licensors of technology supply. The process of introduction and transfer is a process of negotiation between both parties. Technology trade negotiations generally include the following basic contents:
1. Technology category, name and specifications. That is the technical target. The most basic content of technology trade negotiations is to negotiate what technologies the supplier with technology can provide and what technologies the recipient of the imported technology wants to buy.
2. Technical and economic requirements. Because some of the technology or research results transferred in technology trade are intangible, and it is difficult to retain samples as future acceptance standards, both negotiating parties should adopt a prudent and responsible attitude towards their technical and economic parameters. The technology transfer party should truthfully introduce the situation, and the technology transferee should carefully investigate and verify. Then, write various technical and economic requirements and indicators in detail in the contract terms.
3. Technology transfer period. Although it is often difficult to accurately predict the completion deadline of scientific and technological cooperation in advance, it is still necessary to set a wider deadline; otherwise, wrangling may easily occur.
4. Form of technical commodity exchange. This is an important part of the rights and obligations of both parties and an inevitable issue in negotiations. There are two forms of technology commodity exchange: one is the transfer of ownership. The buyer pays the full value of the technology commodity and can resell it. The seller has no right to sell or use the technology. This form is less commonly used. The other is that there is no transfer of ownership, and the buyer only obtains the right to use the technical goods.
5. Pricing and payment methods for technical trade. The price of technology goods is a key issue in technology trade negotiations. In order to obtain more profits, the transferor always offers a higher price. The importing party will not easily accept the quotation. It often uses repeated negotiations and price comparison analysis to find out the unreasonable elements in the quotation and suppress the quotation. Price comparison generally involves comparing the price levels of competing manufacturers under the same conditions or the price levels of similar technology products. The comparison of price levels mainly looks at two aspects, namely business conditions and technical conditions. The business conditions mainly compare the pricing methods, payment terms, currency used and claims for technical trade. Technical conditions mainly compare the size of the supply scope of technical goods, the level of technology, the amount of technical services, etc.
6. Responsibilities and obligations. The main obligations of the technology transfer party in technology trade negotiations are: to conduct scientific research or trial production work in accordance with the time and progress stipulated in the contract, to complete the scientific research results or samples within the time limit, and to submit the certified scientific research results report, trial production samples and all All scientific and technological data, identification certificates, etc. shall be delivered to the client for acceptance. Actively assist and guide technology transferees to master scientific and technological achievements and achieve the technical and economic indicators stipulated in the agreement to receive expected economic benefits.
The main obligations of the technology transferee are: to provide the basic information necessary for the collaborative project in a timely manner according to the time and requirements stipulated in the agreement, to allocate funds for scientific research and trial production, and to provide scientific research and trial production in accordance with the collaboration method stipulated in the contract. conditions, and remuneration will be paid based on receiving technical achievements.
If the technology transferor completely fails to perform its obligations, it shall refund all commission fees or transfer fees to the technology transferee and bear liquidated damages. If the obligation is partially fulfilled, part of the entrustment fee or transfer fee shall be refunded according to the situation, and liquidated damages shall be paid. If the completion of the agreement is delayed, in addition to bearing various expenses increased due to the delay, liquidated damages should also be paid. If the technical services provided cause economic losses to the other party due to quality defects, the party shall be responsible for compensation. If a major accident is caused and serious consequences are caused, the principal responsible person should also be held accountable for administrative and criminal liability.
If the technology transferee fails to perform its obligations, the entrustment fee or transfer fee that has been allocated shall not be recovered. At the same time, liquidated damages should also be borne. If the agreement is not cooperated according to the time and conditions stipulated in the agreement, in addition to being allowed to postpone the completion, it shall also bear liquidated damages. If it causes losses to the other party, it should also compensate for the losses.
If the quality of technical services does not comply with the provisions of the agreement due to problems with the basic information provided or other collaboration conditions, you will be responsible for the consequences.
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