A) Buyer provide AFTER-SERVICES (hereinafter referred to as “SERVICES”) for Seller as hereinafter described and specified in the CONTRACT.
B) Seller has expressed its willingness to provide installation and technical services for buyer in accordance with the terms and conditions specified in this CONTRACT.
C) Seller warrants and undertakes that the Seller has and shall at all times have all necessary skills and expertise, all resources, experience, qualifications and capability at its disposal as are required to perform its obligations under the CONTRACT.
Technical and Training Services
1. Scope of Services
The Seller shall perform the SERVICE requested by the Buyer including the following kinds of Service.
2) Installation, Start Up and Commissioning Support at Site
The Seller shall provide provision of suitably qualified and experienced personnel for the supervision of field services. The requirement for provision of service includes the following:
>Start up and Commissioning
>Site Performance Testing
All work shall be carried out in compliance with the technical requirement and related specifications plus the Codes and Standards.
3) Operator Training
The Seller shall provide experienced and qualified personnel to train the Buyer’s personnel in Operation and Maintenance of the equipment, according to buyer’s requirements. Training shall be carried out at Site and shall include the provision of supporting documentation. The language used for training program shall be Chinese,
2. Service Rate
On site installation supervision, commissioning, service work, and training shall be provided by Seller at the rates in the contract.
1) The engineer arrives at the buyer's factory and works normally for 8 hours. If it exceeds 8 hours, the buyer will have to pay for overtime. Overtime Rate is applicable for all hours worked in excess of eight (8) hours per day.
Overtime Rate is also applicable for all hours worked on weekends (Saturday and Sunday) and Public Holidays. Over 8 hours engineer of Seller shall be paid three times higher than normal working hours.
2) Travel expenses during the trip including the air tickets, hotel accommodations, meals, local transportation，interpretater and misc. expenses shall be borne by Buyer.
3) The buyer shall provide the working schedule and itinerary of the technicians after they arrive at the buyer's factory in advance so that the seller can prepare the work arrangement of the technicians in advance.
4) From the day the technician per person arrives at the buyer's factory，the Buyer should pay USD 100 to the technician per person per day as salary .The Buyer shall guarantee the technician’s safety and freedom not being limited during installation period.
5) After completion of installation and commissioning of all initial orders, the Seller will provide life-long paid technical services, including equipment maintenance, machine inspection and maintenance, personnel training, and free remote technical support if the Buyer needs. If the seller's technicians are required to arrive at the buyer's factory, the buyer’s shall pay the seller's a service fee of $200 per person per day, in addition to air tickets, Hotel accommodation, meals, local transportation and miscellaneous items.
6) Seller provides life-long spare parts and fragile parts compensation replacement services. 1. Seller provides factory cost price of relevant spare parts and fragile parts to buyer. Buyer needs to provide spare parts model number in advance so that the seller can make quotation. All costs such as freight, customs clearance fees are borne by buyer. The seller provides free remote technical guidance to assist the buyer in completing parts replacement, repair and maintenance. 2. If an engineer is required to go to the buyer's factory to assist in installation, the buyer shall pay the seller $200 per person per day for the service.
3. Service Commencement Date
The service fee is from the date when the technicians arrive at the buyer's factory（the day） to the end when the technicians leave the buyer's factory（the day）.
4. Terms of Payment
1) At the end of each service performed under this Agreement, Seller shall prepare and submit an invoice, in one original and two copies in respect of the services performed and any other remuneration paid to Seller, for Buyer’s approval and payment.
2) The invoice shall be prepared in English, signed, and shall show at least the following information:
a) Name and number of this Agreement
b) Seller’s full name and address
c) Seller’s bank account
d) Amount payable for services performed by Seller
3) The amount of service provided shall be signed on the spot by the buyer's representative.
4) The payment shall be done within fifty(15) calendar days after receipt of undisputed invoices.
5. Other Terms and Conditions
1) The buyer shall provide the installation tools required by the technician. If the Seller provides the tools, the Buyer shall be responsible for the customs clearance and the expenses incurred.
2）If technicians have emergencies in the buyer's factory, such as accidents, injuries and unsafe incidents, the buyer is obliged to undertake all arrangements of the technicians, such as first aid, etc. And notify the seller of the emergency contact in a timely manner.
6. Contact Information
Ningbo Capstaner Technology Co.,Ltd.
Add: Lizhou Industry,Ningbo City, China.
Tel: +86 18606615951 (Emergency contact person)
7. Force Majaeure
The Seller shall not be held responsible for the delay in performance of services due to the event of Force Majeure which might occur during the process of execution of this Agreement. The event of Force Majeure may include natural disasters, wars, strikes, government regulations, embargoes or any other causes beyond control.
8. Governing Law
This contract shall be construed, governed and interpreted under the laws of P.R. China.
All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached the case may then be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration. The arbitration shall take place in SHIJIAZHUANG, China in accordance with the arbitration procedures and rules of the above CIETAC. The arbitration shall be conducted in English. The award of arbitration shall be final and binding upon both parties, neither party shall seek recourse to a law court or other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party.