(1) The trustee of a technical service contract shall not only impart technical knowledge and experience to the entrusting party, but also solve a specific technical problem for the entrusting party; The consultant of the technical consulting contract only provides reference opinions and plans for the decision-making of the entrusting party, and does not specifically engage in the specific scientific and technological work pointed out in the contract.
(2) The trustee of a technical service contract shall guarantee the quality of the work products completed by the entrusting party and be responsible for the implementation results; A technical consulting contract is that the consultant provides the client with reference consulting reports and opinions according to the conditions agreed in the contract, and generally does not bear the responsibility for losses caused by decision-making mistakes.
(three) technical service contracts generally occur after the transfer of research and development achievements and the implementation of technical projects; Technical consulting contracts mainly occur before the research and development of technical achievements and the implementation of technical projects.
During the performance of the technical consultation contract and technical service contract, if the client obtains technical achievements by using the technical data of the trustee, the achievements shall be owned by the client, and vice versa. If the parties have an agreement, they shall abide by it.
Two, what are the provisions of the Civil Code on the liability for breach of contract for technical consulting contracts?
The breach of technical consulting contract depends on which party bears the liability for breach of contract. If the trustee breaches the contract, he shall be liable for breach of contract such as reducing or exempting remuneration.
People's Republic of China (PRC) Civil Code
Article 881 Where the client of a technical consulting contract fails to provide the necessary information as agreed, which affects the progress and quality of the work, or refuses to accept the work results or fails to accept them within the time limit, the paid remuneration shall not be recovered, and the unpaid remuneration shall be paid.
If the trustee of a technical consulting contract fails to submit the consulting report on time or the consulting report submitted does not conform to the agreement, it shall bear the liability for breach of contract such as reducing or exempting remuneration.
Unless otherwise agreed by the parties, the losses caused by the decision made by the client of the technical consulting contract according to the consulting report and opinions of the trustee meeting the agreed requirements shall be borne by the client.
3. What are the types of technical consulting contracts?
Types of technical consulting contracts:
(a) the economic and technical feasibility demonstration contract of major construction projects;
(2) contracts for analyzing the economic, technical and legal feasibility of establishing Sino-foreign joint ventures, Sino-foreign cooperative enterprises or various domestic economic associations;
(three) the enterprise technical transformation plan, scheme and planning demonstration contract;
(four) the new technology and new product appraisal contract;
(five) the introduction strategy, scheme and feasibility demonstration contract of technology and equipment;
(6) Contract for technical consultation and demonstration of enterprise operation and management;
(7) Consulting contracts on specialized technical issues;
(eight) the national or regional economic development planning consultation and demonstration contract;
(nine) industry development planning consulting contract;
(ten) new product development and market forecast contract;
(eleven) technology and product development patent retrieval consulting contract.