Party A: ______________
Party B: ______________
This specification applies to ___________ (Party A) providing complete sets of conventional instrumentation equipment for the _______________ project. ___________ (Party A) supplies complete sets based on the models, data, and parameters in the "Tender Document", "Instrument Data Sheet" and "Conventional Instruments and Equipment Detailed List" provided by ___________ (Party B). The seller is Party A and the buyer is Party B.
This agreement will serve as an attachment to the ordering contract after confirmation by both parties and has the same effect as the main text of the contract.
Technical requirements
1. The scope of supply includes all equipment and materials specified in the bidding documents, as well as technical data, special tools, and spare parts necessary for the installation and maintenance of the equipment. If any missing items or shortages are found during the execution of the contract, they are not included in the delivery list and are indeed included in the seller's scope of supply, and are necessary to meet the performance guarantee value requirements of the contract equipment in the data sheet. The seller shall be responsible for making up for the missing equipment, technical data, special tools, spare parts, etc. without incurring any cost issues with the buyer.
2. The seller shall provide timely services related to the engineering design, equipment manufacturing supervision, inspection, civil engineering, installation, commissioning, acceptance, performance acceptance testing, operation, maintenance and other corresponding technical guidance, technical cooperation, technical training and other whole-process services related to the project equipment. .
3. The seller needs to send a representative to the site to provide technical services, guide the buyer to carry out installation, branch debugging and start-up according to the seller's technical information, and be responsible for solving manufacturing quality and performance related problems discovered during the installation and debugging of the contract equipment. The costs shall be borne by the seller. If the seller fails to provide technical services on time, the buyer has the right to obtain corresponding services through other channels and deduct relevant fees from any payment payable to the seller without any legal or administrative procedures.
4. If the seller has any modifications to the installation, commissioning and operation technical service plan proposed by the seller and determined by both parties at the meeting, it must notify the buyer in writing and proceed only after the buyer's confirmation. In order to adapt to the requirements of the site conditions, the buyer has the right to propose changes or modifications and notify the seller in writing. The seller shall give full consideration and try its best to meet the buyer's requirements.
5． The buyer has the right to distribute all information provided by the other party related to the equipment in this contract to all parties related to this project, and this will not constitute any infringement, but it shall not be provided to any third party unrelated to this project.
6. The seller (including subcontracting and outsourcing) shall be fully responsible for all supply, equipment and technical interfaces, technical services and other issues related to this contract.
7. The seller has the obligation to provide interfaces and technical cooperation for other equipment connected to the equipment under this contract, and will not incur any costs other than the contract price.
8. The technical personnel sent by the seller to on-site service should be those with practical experience and qualified for this work. The buyer has the right to request the replacement of the seller’s on-site service personnel who do not meet the requirements. The seller shall re-select service personnel approved by the buyer based on on-site needs. If the buyer does not respond to the request within ______ days in writing, it will be treated as a delay in the construction period according to the relevant terms.
9. The seller shall bear the losses caused by the seller's technical service personnel's negligence and errors in the technical guidance of installation and commissioning and the seller's failure to send personnel for guidance as required.
10． The seller is responsible for training the buyer’s personnel engaged in installation and maintenance, so that the trained personnel are proficient in equipment performance, system operation, operation and maintenance. The seller shall provide sufficient training materials and necessary equipment for the training, and provide food, accommodation, living and necessary office conditions for the training personnel, and the expenses shall be borne by the seller. The number of regular instrument training for each category is ___________.
11. All contract equipment/components supplied by the seller (including subcontracting and outsourcing) must undergo strict inspection and testing during the production process, and must undergo final assembly and testing of parts or complete machines before leaving the factory. All inspection, testing and final assembly (assembly) must be formally documented. After the above work is completed, qualified candidates can leave the factory for shipment.
All these formal record documents and certificates shall be part of the technical information, and the seller shall send them to the buyer by express mail for archiving. In addition, the seller should also provide certificates of conformity and quality certification documents in the accompanying documents.
12. During the on-site inspection, if it is found that the equipment is damaged, defective, lacking or does not meet the quality standards and specifications stipulated in the contract due to the seller's reasons (including transportation), a record should be kept and signed by representatives of both parties. Each party should keep one copy. As the basis for the buyer to propose repair or replacement or claim against the seller; if the seller entrusts the buyer to repair the damaged equipment, all costs of repairing the equipment shall be borne by the seller.
13. If the representatives of both parties cannot reach an agreement on the inspection records during the joint inspection, the two parties can entrust an authoritative third-party inspection agency/authoritative inspection agencies of both parties to jointly conduct the inspection. The inspection results are binding on both parties, and the inspection costs shall be borne by the responsible party.
14. The equipment under this contract shall be installed, debugged, operated and maintained by the buyer in accordance with the technical information, inspection standards, drawings and instructions provided by the seller. The entire installation and commissioning process must be carried out under the guidance of the seller’s on-site technical service personnel. Important processes must be signed and confirmed by the seller’s on-site technical service personnel.
15. During the installation and debugging process, if the buyer fails to follow the seller's technical information and the guidance of the on-site technical service personnel, and without the signature and confirmation of the seller's on-site technical service personnel and problems arise, the buyer will be solely responsible (except for equipment problems); if the buyer does not follow the seller's technical information, The seller shall bear the responsibility if any problems arise due to the regulations and the guidance of the on-site technical service personnel and the signature and confirmation of the seller’s on-site technical service personnel.
16. Under the conditions that do not affect the safe and reliable operation of the equipment under this contract, if there are any minor defects, the seller will repair the above defects free of charge within the time agreed by both parties, and the buyer can agree to sign a preliminary acceptance certificate. Regardless of whether the responsibility for loss or damage to the Contract Equipment lies with the Buyer or the Seller, the Seller shall first deliver the replacement or replacement of such lost or damaged equipment as soon as possible, and then determine which party shall bear the cost of the said equipment.
17. During the life of the equipment, if the seller wants to stop or is unable to manufacture certain spare parts, it shall promptly recommend upgrades and replacement products of such spare parts to the buyer. However, if there are no upgrades and replacement products, the seller is obliged to notify the buyer in advance so that the buyer has enough time to place the final order for the required spare parts from the seller, and the seller is obliged to provide free drawings, samples, and Tools, molds and technical instructions, etc., enable the buyer to manufacture the necessary spare parts for the contract equipment, and the buyer's manufacture of these spare parts does not constitute an infringement of patents and industrial design rights.
18. During the execution of this contract, if the equipment provided by the seller is defective and the technical data is incorrect, or if the project is reworked or scrapped due to errors or negligence of the seller's technical personnel, the seller shall immediately replace and repair it free of charge. If replacement is required, the seller shall bear all the resulting replacement costs at the installation site. The replacement or repair period shall be no later than _____ months from the date when it is proven that the seller is responsible.
19. If the equipment is damaged due to the buyer's failure to carry out construction, installation, and debugging in accordance with the technical information, drawings, instructions provided by the seller, and the guidance of the seller's on-site technical service personnel, the buyer is responsible for repairing and replacing it, but the seller is obliged to provide the required replacement as soon as possible. For urgent parts required by the buyer, the seller shall arrange the fastest way to transport them.
20. After the contract equipment warranty period specified in the contract expires, the buyer shall issue the final acceptance certificate of the contract equipment warranty period to the seller within _____ days. The condition is that during this period the seller shall complete the claims and compensation made by the buyer before the expiration of the warranty period. However, the seller is not responsible for abnormal maintenance and misoperation, as well as losses due to normal wear and tear.
21. If the contract equipment is out of service or the installation is delayed due to the need to replace or repair defective equipment due to the seller's responsibility, the contract equipment warranty period shall be extended accordingly based on the delay in actual repair or replacement.
22. The seller shall not subcontract the equipment/components within the scope of this contract (including outsourcing of major components) without the consent of the buyer. The content and proportion to be subcontracted by the seller must be agreed with the buyer in advance, otherwise subcontracting is not allowed.
23. All equipment and materials provided by the seller shall comply with the corresponding national or international standards and comply with the buyer's data sheet and on-site requirements. If there are any objections to technical data, the two parties will resolve the matter through negotiation.
24. The seller will be responsible for the acceptance, marking and transportation of incoming instruments and equipment, and will assist in the unpacking and acceptance of the equipment on site. The packaging of the equipment provided by the seller complies with national standards and relevant technical conditions.
25. After signing the contract, if the buyer adds additional instruments and equipment, the seller will promise to cooperate. The specific content will be resolved through negotiation between the two parties.
This agreement is made in ___________ copies and signed by both parties for confirmation.
Seller: _______________ Buyer: _______________
Seller’s representative: ___________ Buyer’s representative: ___________
Date: _______________ Date: _______________