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Which expert has a Chinese version of the English contract?

2008-03-05View Original

Thread Content

Regarding the details of signing a technology transfer contract with the U.S. side, if any such information is available, please show it to me. Thank you very much!
Reply #22008-03-05
Generally, such contracts are in English: lol. Below are the Chinese-English translation documents related to FIDIC contracts from the forum; see if they can be helpful to you. FIDIC Contract Guidelines (Chinese-English version): http://bbs.hcbbs.com/viewthread.php?tid=143294&highlight=%B7%C6%B5%CF%BF%CB FIDIC Conditions of Contract – MDB version (English PDF): http://bbs.hcbbs.com/viewthread.php?tid=153522&highlight=%B7%C6%B5%CF%BF%CB
Reply #32008-03-06
For technology transfer, a technical annex needs to be signed. The main technical annex is usually prepared by the patent holder; after discussion between the two parties, the technical annex is finalized. The commercial contract is also generally prepared by the patent holder, with few cases where it is prepared by the client. It is mainly reviewed by relevant technical managers and legal experts involved in contract matters to check for any issues, followed by discussions, revisions, and signing. Signing contracts is a relatively sophisticated task for chemical engineering companies and project owners. There aren’t many people with such skills available; those who understand technology, have a good command of foreign languages, and are familiar with certain legal aspects seem to be insufficient if they don’t have several years of experience in working on construction projects abroad. Personally, I feel that there is no standard fixed template for contracts related to the transfer of chemical engineering technologies (I don’t know much about this; I’m just guessing). A technology transfer contract may not be exactly equivalent to a contract for work; this is true at least in the petrochemical sector, though it’s unclear in other fields. What strikes me personally is that the responsibilities under such contracts are not necessarily entirely reciprocal; the client also faces risks. If the client wants to assign all responsibility for any failures in terms of product yield, product consumption rates, catalyst performance, and other technical aspects to the patent holder, this may be difficult, as it represents risks that the client cannot easily bear. Insurance could be an option to address this, but the process is quite complicated. For other payment terms, those who are familiar with the standard practices related to L/Cs and guarantees, together with the contract specialists, should be able to handle them without any major issues. There is a big difference between those who have only read about it and those who have actually handled L/Cs and letters of guarantee; relying on theoretical knowledge can easily lead to problems. For reference only.
Reply #42008-03-07
I understand. Thank you, 3rd floor

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