卖方技术人员提供的技术服务与待遇.doc

TECHNICAL SERVICE AND TREATMENT CONDITIONS OF SELLERS TECHNICAL PERSONNEL卖方技术人员提供的技术服务与待遇 -王茜翻译SELLER shall provide suitable, competent and medically fit personnel to provide advisory services at the site. BUYER shall diligently and expeditiously undertake and prosecute to completion without undue delays, the construction and commissioning of the PLANT. Approximately three months prior to the scheduled date for MECHANICAL COMPLETION, BUYER shall advise SELLER that it is ready to have a minimum of two SELLER representatives, to be provided through SELLERs affiliate to proceed to the site, at BUYERs expense, to inspect the PLANT and to ascertain that the PLANT has been built in accordance with the Project Specifications and is ready for commissioning. 卖方应负责选派合格、精干、身体健康的人员到现场提供指导服务。买方应竭尽全力尽快实施并完成装置的施工与试车工作，并不得无故拖延。在拟定的机械完工日期前3个月左右，买方应通知卖方准备要卖方从其所属单位选派至少两名代表来现场对工厂进行检查，并确定工厂的建设是否符合项目技术规范，是否具备了试车的条件；选派上述人员而发生的费用应由买方承担。Commissioning of the PLANT shall commence as soon as MECHANICAL COMPLETION has been achieved and shall be conducted in the presence of a minimum of two (2) advisory personnel (Advisors) provided by LOC at BUYERs expense.机械完工完成后应尽快开始对装置进行试车，试车时应有至少两名LOC选派的指导人员（顾问）在场，该指导人员的费用应由买方承担。The advisory services will be paid for at the applicable daily rate specified for each category of personnel in a schedule of rates to be agreed upon between BUYER and SELLER. For personnel provided from outside China, payment will be made at the specified rate for each day (including Sundays and official public holidays) starting from the date of arrival of the personnel in P.R.China until the date of departure from P.R.China, except for days where an Advisor is absent due to illness or incapacity or otherwise fails to attend during normal working hours. The rates for Advisors provided from outside P.R.China are inclusive of all costs of accommodation, local travel and subsistence within China. In addition, BUYER shall provide or meet cost of business class air fares and reimburse reasonable evidenced expenses incurred by the Advisor in transit in travelling by a direct route from his normal place of residence to the site. The rates for Advisors provided from within P.R.China are inclusive rates applicable for each day actually worked.指导服务费按人员所属不同专业，按日计费；计费方式将由买卖双方另行商定。从中国境外选派来的上述人员，从他们抵达中华人民共和国开始直到离境，其费用将按规定的日工资计算（包括星期天和法定公休日），但下述时间不付费：这些人员因病、或没能力或者由于其他原因在正常工作小时内缺勤。上述付费标准不包括所指人员在中国境内各类住宿费、当地交通费和生活费。另外，买方还应支付或承担上述人员公务舱机票费，报销他们从长期住所到现场之间乘座直飞航线时中途转站所发生的合理费用（出示报销票据）。对从中华人民共和国境内选派的专家采用包干的办法、按实际工作的天数按日计费。The rates will not be payable for time spent by Advisors in dealing with rectification of defects in supplied materials or for performance of repeat PERFORMANCE TESTS where such repeat tests are necessitated for reasons attributable to SELLER.上述费用在下列所述时间不予支付：对其提供的材料中存在的缺陷进行整改，或者由于卖方的原因，进行重复验收工作。Not less than thirty days before scheduled arrival in P.R China, the SELLER shall provide BUYER with names, date of birth, passport details and title of the Advisory personnel to be provided from outside P.R.China, to facilitate invitations for visa support.至少在卖方指导人员计划抵达中华人民共和国前30天，卖方应给买方提供从中华人民共和国境外选派的人员的姓名、出生日期、护照详细资料以及职务头衔，以便发出邀请、办理签证。SELLER shall designate one Advisor to be their General Representative at the site. On arrival at the site, the designated General Representative shall liaise closely with BUYERs Representative and the representatives of both parties shall agree a working schedule for the provision of services by the Advisors for the expected period of their attendance. The Advisors shall undertake their work in accordance with this schedule, or any revised schedule that may be mutually agreed arising from changed circumstances.卖方应指定一名指导人员作为其现场总代表。到达现场后，该指定总代表应与买方的代表保持密切联系，双方代表应就指导人员在停留期间提供专家服务事宜商定一份工作大纲。指导人员应按照该大纲或者由于情况变化双方商定修改过的计划开展工作。The normal working hours shall be eight hours per day, Monday through to Saturday, 48 hours per week unless otherwise agreed at the site. Where Advisors work on their weekly rest day or on public holidays, such work will be reimbursed at an hourly rate of one-eighth of the daily rate to a maximum of eight hours per day. Alternatively, by agreement and where schedule permits, equivalent time may be taken as local leave. However during initial operation of the PLANT and for periods immediately prior to and during PERFORMANCE TESTS, the Advisors will be expected to provide 24 hours per day shift coverage and the 48 hours per week limitation and overtime provisions will not apply for periods of shift cover.正常工作时间为从周一至周五，每天8小时，每周48个小时，除在现场另行商定的情况以外。如果指导人员在每周的休息日或公休日加班工作，每小时应另外再支付日工资的1/8，最高为每天8小时。或者由双方商定，在上述工作大纲允许的情况下，补足同等加班时间，用来在当地休假。但是，在装置运行前期，并且在快要进行验收之前以及在检测过程中，指导人员应每天24小时轮班，每周最多工作48小时，在轮班工作的时候，不计加班费。Actual working hours and activities of the Advisors shall be recorded by SELLER in a daily site log, available for inspection by BUYERs Representative. Hours worked shall be recorded formally by means of duplicate copies of weekly timesheets, which shall be signed by BUYERs Representative, and SELLERs General Representative, one copy of which shall be retained by each party. The signed timesheets shall be the basis of payment claim by the SELLER.卖方应在现场工作日志中记录下指导人员实际工作小时数与工作内容，买方的代表可检查该记录。工作小时数应用一式两份每周考勤表记录下来，由买方的代表与卖方的总代表签字认可，各执一份。卖方将以此考勤表为依据所要付费。If due to incapacity or sickness an Advisor is unable to work for a consecutive period of seven days, and such situation seems likely in BUYERs opinion to continue for at least a further seven days, the SELLER shall replace such Advisor with a suitably qualified person as soon as reasonably practical. The costs of providing such replacement Advisor shall be borne by SELLER.如果某指导人员没有能力或因病不能工作连续达7天，并且买方认为该状况还可能至少再持续7天，那么，在合理情况下，卖方应尽快选派一名合格人员来替换该指导人员。选派该替补专家所发生的费用应由卖方承担。All Advisors are required to observe the laws of P.R.China, as well as site rules and regulations during their period of assignment. BUYER will inform such personnel of the applicable site rules and regulations upon their first arrival at the site. In the event that any Advisor violates the laws of P.R.China, or commits a serious breach of the site rules and regulations, or is evidently incompetent, or is persistently incapable of efficiently performing his duties, BUYER shall have the right to request the immediate replacement of such Advisor with a suitably qualified person. The costs of providing such replacement Advisor shall be borne by SELLER.在执行任务期间，所有指导人员应遵守中华人民共和国法律，以及现场各项规章制度与规定。买方应在这些专家初次到达现场时就通知他们各项现场规章制度与管理规定。如果某指导人员触犯中华人民共和国法律，或严重违反现场有关制度规定，或业务能力明显不够，或长期没能有效地履行其职责，那么，买方有权要求卖方立即选派合格的人员来替换该指导人员。选派该替补专家所发生的费用应由卖方承担。The SELLER may replace or reduce their Advisors provided that such replacement or reduction does not affect the completion schedule of the PLANT and by prior agreement with BUYER. The cost of any replacement Advisor shall be borne by SELLER.如果不影响完成装置工作计划，并经与买方事先协商，卖方可以更换或减少其指导人员。选派替补专家所发生的费用应由卖方承担。BUYER shall make available the following facilities to SELLERs Advisors where necessary in the performance of their duties:买方应给卖方的指导人员提供下列执行其职责所需的各项便利措施：services of English/Chinese interp