Engineering Technology Consulting Service Contract (Demonstration Text)
Contract number: ___________________
Transferor:____________________________
Legal representative or person in charge: ________________
Transferee: ____________________________
Legal representative or person in charge: ________________
According to the relevant provisions of the "Contract Law of the People's Republic of China", this contract is signed by both parties through consensus.
The first project name: __________________________________
Article 2 The performance of this non-patented technology, the degree of industrial development: _______________________
Article 3 The nature of the authorization of this contract: _______________________________________
Article 4 Scope of the use of this non-patented technology: ______________________________
The scope of use refers to the geographical scope, the scope of the period, and the scope of use.
Article 5 The main obligations of the transferor
1. Within ________ days from the effective date of the contract, the following technical information will be delivered to the transferee: ______________.
2. In the course of the performance of the contract, provide the transferee with technical guidance and services for the following: ________________.
3. Ensure that the transferred technology is practical and reliable, that is, a mature technology that can be applied to production practice. Ensure that the following technical and economic indicators can be achieved using this non-patented technology: _______________________.
Article 6 Obligations of the transferee
1. The user is paid a usage fee of ________ yuan. Pay ______________ in installments by the following dates.
______ Pay the royalties to the transferor within ______% of the production value during the year. The royalties are paid once a year and the payment date is ______month _______ days ago. )
2. Use this non-patented technology in accordance with the scope of this contract.
Article 7 Confidentiality Clause
During the term of this contract, both parties shall bear the confidentiality obligation for the following technical materials: ___________.
After _______ years after the expiration of this contract, both parties shall bear the confidentiality obligation of the following technical materials: ___________.
Article 8 Acceptance criteria and methods for contract products: _________.
Article 9 Follow-up Improvement Clauses
In the course of the performance of this contract, the new invention and creation patent rights made by the parties on the basis of this transfer technology shall be owned by the party making the invention, unless otherwise agreed by the parties.
Article 10: Responsibility for breach of contract by the transferor
1. The transferor shall not provide the technical information and technical guidance to the transferee in accordance with the contract, and shall refund part or all of the usage fee according to different circumstances, and pay a penalty of __________;
2. The transferor shall not provide technical information and technical guidance to the transferee within 2 months, and shall refund part or all of the usage fee according to different circumstances and pay a penalty of _________;
3. If the transferor violates the confidentiality obligations stipulated in the contract and divulges the technical secrets, and the transferee suffers losses, the transferor shall pay a penalty of ________.
If the transferee implements the use of the non-patent technology beyond the scope of the agreement, if the third party violates the agreement and permits the third party to implement the non-patent technology, it shall stop the breach of contract, pay liquidated damages or compensate for the loss.
Article 11: Responsibility for breach of contract by the transferee
1. The transferee fails to pay the use fee according to the time limit and method stipulated in the contract. In addition to the effective use fee, the transferor shall pay the liquidated damages of _______, and the transferee refuses to pay the use fee or liquidated damage, except In the case of cessation of the use of non-patented technology, technical information shall be returned and a penalty of ________ shall be paid.
2. If the transferee fails to pay the usage fee within 2 months, the transferor has the right to terminate the contract, and the transferee shall stop implementing the transferred technology, return the technical materials, and pay the penalty of ________;
3. If the transferee uses this technology to exceed the scope of the contractual agreement, it shall stop the breach of contract and pay a penalty of ________.
4. If the transferee appoints the third party to use this non-patented technology without the consent of the transferor, it shall stop the breach of contract, return the illegal income, and pay the liquidated damages of __________;
5. If the transferee breaches the secret obligation stipulated in the contract and divulges the technical secrets, it shall return the illegal income and pay the penalty of ______________.
Article 12: Infringement Risk Responsibility Clause
1. The transferor shall ensure that it is the legal owner of this non-patented technology and that it has not been patented by others in the contract. Otherwise, the party that is infringing upon the rights and interests of others shall be liable by the transferor;
2. In the course of the performance of this contract, if there is a case where another person applies for a patent or obtains a patent right for the same technology, the transferee has the right to terminate the contract. The resulting losses shall be reasonably shared by the parties in the following proportions: _____________.
Article 13: The solution to this contract dispute: ________________________.
Article 14 Interpretation of nouns and terms: ____________________________.
This contract shall become effective after the signature and seal of both parties.
Transferee responsible person transferee responsible person
Signature: ________________ Signature: __________________
Signing time: ___________________ Signing time: _____________________
Bank of deposit: ___________________ Bank of deposit: _____________________
Account number: ___________________ Account number: _____________________
Transferor Guarantor: _______ Transferee Guarantor: _________
Address: _______________________ Address: ______________________
Person in charge
Signature: ________________ Signature: __________________
Signing time: ___________________ Signing time: _____________________
Signing location: ___________________ Signing location: _____________________
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