Article 46. If the commissioning party in a technical consultancy contract fails to provide the necessary figures and data as stipulated by the contract, thereby affecting the progress and quality of the work, it may not recover that remuneration already paid and shall pay in full any remuneration still owed.
If the advising party in a technical consultancy contract fails to submit its consultancy report on time, or if the report submitted does not conform to the stipulations of the contract, it shall receive a reduced remuneration or no payment and shall pay a penalty or damages.
Any loss suffered by the commissioning party in a technical consultancy contract as a result of a decision taken on the basis of a consultancy report or opinion provided by the advising party in conformity with the requirements of the contract shall be borne by the commissioning party, unless otherwise stipulated by the contract.
Article 47. A technical service contract refers to a contract under which one party uses its technical knowledge to resolve a specified technical problem for another party. It does not include contracts for construction engineering survey, design or construction, for installation or for contract processing.
Article 48. The primary obligations of the commissioning party in a technical service contract shall be:
(1) To provide working conditions and complete complementary tasks to facilitate the service, as stipulated by the contract;
(2) To accept on time results of the service work and to pay remuneration.
The primary obligations of the service party in a technical service contract shall be:
(1) To complete the contractually stipulated service task on time, to resolve the technical problem and to guarantee the quality of the work;
(2) To transfer the knowledge used to solve the technical problem.