Technical Consulting And Service Contract
Technical advisory and service contracts refer to the legally binding documents between the employer (technical receiver) and the technical consulting company (technical supplier) in order to solve the technical topics, technical solutions or services provided by the employer. The main contents of the technical consultation and service contract are:
Scope of technical consultation and services
The main requirement is that employers need counseling and services.
It specifies the specific content of advisory services.
Detailed contents, detailed technical specifications and technical parameters are generally specified in the form of contract annexes.
Two requirements and forms of consultation and service
The provision provides for:
1. complete the time limit for consultation and service.
2. the number of people who have been consulted, their qualifications, qualifications and grades.
3. the information, final reports, drawings, calculation data and final examination methods should be provided.
4. the number and training time of the training staff.
Three the responsibility of the receiving party
This provision should mainly stipulate: the conditions for the supplier to perform the consulting service business, including working conditions, living conditions and necessary technical data, for the supplier.
Four valuation and payment of technical advice and services
1. content of valuation
(1) expert fees
The expert fee includes the basic salary of the experts, the additional salary (including the welfare cost of the experts, the personal insurance premium), the District Tianjin fee and other subsidies.
(2) the time and service of technical services.
Workload
(3) direct cost
Direct costs include fees for experts to prepare for going abroad, travel expenses, communication fees, and data charges (including purchase, compilation, reproduction, and cost of drawing information).
(4) indirect
Cost
The expenses paid to technical service companies or consulting companies include: the wages of managers of technical service companies or consulting companies; the office fees of technical service companies or consulting companies; depreciation charges for fixed assets of technical service companies; and business tax of technical service companies.
(5) remuneration paid to a technical service company or a consulting company.
2. valuation method
(1) opening price
Opening price means that when negotiating, the technical service provider only puts forward an estimate of the technical labor amount with a certain error range, and then determines the total price by the two sides according to the charging standard of the amount of labor per unit (per person per day or per person) at all levels. The total price includes the cost plus bonus.
(2) according to estimated project cost or actual
engineering
Percentage of fees
(3) the cost of a package of technical services
3. payment of technical service fees
(1) payment of currency is generally the same as the currency that indicates the cost of consultation and service. The currency can be used in the currency of the country where the technology Consultation Service Co is located, or the currency of the employer's country, and the third country currency agreed upon by both parties.
(2) payment time
One payment.
That is to say, one day after the signing of the contract, or the expert sent by the supplier arrives at the place of consultation and service, or the supplier will pay once the final report is provided.
Installment payment.
According to the progress of consultation and service, according to the completion of the task, the installment payment is divided into several batches to pay the amount stipulated in the contract.
(3) documents to be paid
The supplier shall first provide the relevant documents before payment is performed by the recipient.
Generally required documents are:
The original commercial invoice is in duplicate.
Draft (usually sight draft) in several copies;
Copies of information and advisory reports are issued by mail or air pportation.
After receipt of the above documents, the recipient is audited correctly, that is, the payment is made to the supplier through the bank agreed by both parties.
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