4.3.4 15% (fifteen percent) of the total price for the technical know-how under Article 3, namely_________EURO (SAY:_________EURO ONLY) shall be paid after acceptance of the Contract Products by the Licensee and against presentation of the following documents provided they are in conformity with the stipulations of the Contract:
A. Four copies of the commercial invoice.
B. Two copies of the sight draft to be drawn on the Licensee to the Bank of China, Beijing.
C. Two copies of the Acceptance Certificate for the Contract Products signed by the both Parties.
4.4 The Licensee shall have the right to deduct from the performance Bond or relevant payment under negotiation the penalties in form of liquidate damages, which Licensor shall pay in accordance with the stipulations of the Contract.
4.5 The banking charges incurred in the P.R.C. shall be borne by the Licensee and those incurred outside the P.R.C. shall be borne by the Licensor. The Licensor shall bear all interest charge in case they occur in the negotiation of the payment, unless these interest charges have been incurred by reasons of default by the Licensee.
ARTICLE 5 DELIVERY OF THE TECHNICAL DOCUMENTATION AND SOFTWARE
5.1 The Licensor shall deliver to the Licensee the Technical Documentation and Software at Beijing Airport in accordance with the contents, copies and time stipulated in Annex_________to the Contract. The risk of the Technical Documentation shall be transferred from the Licensor to the Licensee after its arrival at Beijing Airport, China.
5.2 The data stamped by Beijing Airport, China shall be the actual date of delivery of the Technical Documentation and Software.
5.3 The Licensor shall, within two (2) working days, after dispatching each batch of the Technical Documentation and/or Software, inform the Licensee and Contract Factory by telex or fax of the Contract number, number of parcels, weight, flight and expected arrival date. At the same time, the Licensor shall airmail to the Licensee and the Contract Factory each two copies of the airway bill and the detailed list of the Technical Documentation/Software.
5.4 In case of any loss, damages or shortage caused to the Technical Documentation and Software during the transportation, the Licensor shall make supplementary or replaceable delivery to the Licensee within 45 (forty-five) days after receiving the Licensees written notice without any charges.
5.5 The Technical Documentation and Software shall be packed in strong cases suitable for long distance transportation and numerous handling with protective measures against moisture and rain.
5.6 The following contents shall be marked on the cover of each package of the Technical Documentation and Software with indelible paint in conspicuous English printed words:
A. Contract No.:
B. Consignee:
C. Consignee code:
D. Destination Airport: Beijing Airport.
E. Shipping Mark:
F. Gross/Net Weight (kg):
G. Item No./Case No.:
H. Dimension (L x W x H in CM):
5.7 In side of each package of the Technical Documentation and software there shall be two copies of the detailed list to identify each part.
5.8 For the delivery of the Technical Documentation and Software partial shipment is allowed. Transshipment is not allowed.
5.9 The Technical Documentation and Software shall be carried by flight belonging to the member countries of the World Bank and Switzerland.
5.10 The Licensor shall effect the insurance, with insurer from eligible source country, for an amount of 110% of the total contract price on“all risks”and“war risk”basis at the Licensors expenses with the Licensee as the beneficiary.
5.11 All of the Technical Documentation and Software and services supplied under the Contract shall have their origins in the countries and areas eligible under the current World Bank Guideline for Procurement.
ARTICLE 6 TECHNICAL SERVICE AND PERSONNEL TRAINING
6.1 The Licensor shall send his skilled, healthy and competent technical personnel to the Contract Factory of the Licensee to provide Technical Service on site in accordance with the stipulations of the Contract. The stipulation, the number of personnel, specialty, task, content and duration in P.R.C are detailed in Annex_________to the Contract.
6.2 The Licensee shall provide assistance for entry any exit visa, work and life in P.R.C for the Licensors Technical Service personnel. The treatment conditions of the Licensors technical personnel in P.R.C are detailed in Annex_________to the Contract.
6.3 The Licensors technical personnel sent to P.R.C for the Technical Service shall observe the laws of the Peoples Republic of China and rules and regulations of the contract Factory in the period of service in P.R.C.
6.4 The Licensee shall send his technical personnel to the relevant factories of the Licensor for technical training. The number of personnel, specialty, content, duration and requirement of training are detailed in Annex_________to the Contract.
6.5 The Licensor shall provide assistance for entry and exit visa and shall provide the facilities necessary for the technical training for the Licensees trainees. The treatment conditions of the trainees in the Licensors country are detailed in Annex_________to the Contract.
6.6 The Licensees personnel under training shall observe the laws of the Licensors country and the rules and regulations of the Licensors factories in the period of training.