7.6 If after the second assessment and acceptance the products still cannot meet the requirements, if the responsibility lies in Party B, Party B shall compensate Party A for the direct economic losses thus occur, take measures to correct the defects and participate in the third assessment and acceptance; if the responsibility lies in Party A, all the losses shall be borne by Party A itself.
7.7 If the products are still not qualified after the third assessment and acceptance and the responsibility lies in Party B, Party B shall be responsible for all the losses thus caused and Party A shall have the right to terminate the contract and raise a claim against Party B according to Chapter 8; if the responsibility has in Party A, both parties shall mutually discuss the further implementations of the contract.
8.Guarantee & Claim
8.1 Party B guarantees that technical documentations are those used by Party B and such documentations are proved reliable and of latest technology. Party B also guarantees that during the term of contract, Party B shall notify Party A on time of any development and improvement of the technology it achieves.
8.2 Party B guarantees that the delivered technical documentations are complete, correct, uniform, clear and the delivery is on time. Detailed requirements are as follows;
complete: The technical documentations delivered by Party B shall include all those specified in Appendix 2 of the contract without omission.
Correct: There is no error in the technical documentations delivered by Party B. When Party A strictly follows such documentations, the products manufactured are qualified.
Uniform: All the signs, standards and specifications used in the technical documentions are uniform and there is no contradiction.
Clear: All the drawings, lines, language notes, signs, etc. used in the technical documentations are clear and easy to read.
On time: The date of delivery of the technical documentations shall not be later than the delivery schedule as set forth in Appendix 2 of the contract.
8.3 If there is any part of the technical documentations not in conformity with the requirements of 8.2, Party B shall, within 30 days from receipt of notice from Party A, make supplements or replacements free of charge.
8.4 The delivered equipment shall be installed and tested by Party B and shall fully comply with the technical requirements and processing quality of the contract.
8.5 If the equipment supplied by Party B cannot meet the requirements of 8. 4, Party B shall replace and retest such equipment until it meets the requirements.
8.6 If any portion of the technical documentations is delivered late as specified in Appendix 2 of the contract, Party B shall, from the 2nd day, pay to Party A a penalty as follows:
For late delivery of 1 to 4 weeks, the rate of penalty shall be O. 1% of the total contract price per each delayed week;
For late delivery of 5 to 8 weeks, the rate of penalty shall be O. 15% of the total contract price per each delayed week;
For late delivery of more than 8 weeks, the rate of penalty shall be 0.2 % of the total contract price per each delayed week.
However, the total amount of the above penalty shall not exceed 5 % of the total contract price.
|