Model text of fuel oil purchase and sale contract 1
Party A (Buyer):
Party B (Seller):
In accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, both parties sign this contract on the principle of equality, mutual benefit and equal value and compensation.
1. The place of performance of this contract is: gas station of China Petroleum and Natural Gas Co., Ltd.
Two. Subject matter (hereinafter referred to as "oil")
90 # gasoline, 93 # gasoline, 97 # gasoline and 0 # diesel.
Three. Quality: The petroleum products in this contract meet the national standards.
Four. Quantity: the monthly settlement is based on the actual amount of oil purchased.
5. Settlement price: settle according to the listing price at the time of oil purchase, and enjoy the IC card discount for refueling.
Payment and settlement method of intransitive verbs:
Refill the IC card. Only if there is money in the IC card can you buy oil. Payee (Party B) bank: _ _ _ account number. : 622727 _ _ _ _ _ _ _ _ _
Seven. Term of performance: from _ _ to _ _ _.
Eight. Rights and obligations of both parties:
Party A uses the refueling IC card to refuel, and Party B directly deducts fuel from the balance of the refueling IC card. If Party A fails to pay in time for recharging, Party B may allow Party A to use up the balance in the card, but Party A shall not over-refuel, and Party B has the right to stop refueling when the balance is used up. During the loss reporting period of the fuel card (including temporary loss reporting and formal loss reporting), the consumption loss of the unit card shall be borne by Party A within 48 hours after handling the loss reporting procedures, and the consumption loss shall be borne by Party B after 48 hours.
Party A shall abide by the Articles of Association of China Petroleum Fuel Card and the Customer Service Agreement of China Petroleum Fuel Card Company.
Nine. responsibility for breach of contract
1. If the oil delivered by Party B is not in conformity with the contract, both parties shall settle it through consultation.
Force majeure
Due to force majeure and other unforeseeable, inevitable and insurmountable events, the obligations under this contract cannot be fulfilled in whole or in part, and one or both parties affected by force majeure shall not be liable for breach of contract.
XI。 Dispute mediation
Any dispute arising from this contract shall be settled by both parties through consultation. If negotiation fails, the following clause 1 shall be adopted.
1. Submit to _ _ Arbitration Commission for arbitration.
2. Bring a lawsuit to the people's court where Party B is located.
Twelve. Validity and others
1. This contract shall come into effect as of the date of signature and seal by both parties.
2. For matters not covered in this contract, both parties may sign a supplementary agreement.
3. This contract is in duplicate, with Party A and Party B holding one copy respectively. ..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on fuel oil purchase and sale contract II
Party A (Principal/Seller): Date of signing:
Party B (intermediary): Signing place:
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, the entrusting party and the intermediary party, on the basis of equality and voluntariness, unanimously agree to sign this fuel oil purchase and sale intermediary contract according to the following terms:
I. Entrusting matters and specific requirements:
1. According to the Contract Law of People's Republic of China (PRC), Party B is entrusted by Party A to truthfully report the signing opportunities and conditions for Party A, or provide media services for signing the contract, so as to facilitate the establishment of the fuel oil purchase and sale contract between Party A and the buyer (hereinafter referred to as Party C, business license number and legal representative ID number);
2. The signing of the fuel oil purchase and sale contract between Party A and Party C shall be deemed as the completion of the entrusted matters, and Party A shall pay the agency fee to Party B;
3. No matter whether Party A concludes a contract in this negotiation or not, as long as it concludes a contract with Party C after signing the intermediation agreement, Party A shall still pay the intermediation fee to Party B;
4. The interim period refers to the period from the date when Party A and Party C sign the fuel oil purchase and sale contract until there is no longer a fuel oil purchase and sale contract between Party A and Party C. When the business relationship between Party A and Party C facilitated by Party B lasts for a long time, the intermediary agreement between Party A and Party B will also take effect for a long time, and Party A needs to continue to pay the agency fee to Party B according to the implementation of the business contract (master contract) between Party A and Party C until the business relationship between Party A and Party C is completely terminated;
5. Party B is the only intermediary agency entrusted by Party A to provide intermediary services to facilitate the signing of the fuel oil purchase and sale contract between Party A and Party C, and Party A shall not entrust it to a third party.
6. The fuel oil purchase and sale contract mentioned in this contract refers to the fuel oil purchase and sale contract signed by Party A and Party C, and the name of this contract is not limited to the words "fuel oil purchase and sale contract";
Second, the intermediary content:
Name of entrusted commodity: fuel oil;
Commodity quality standard: fuel oil, see the fuel oil purchase and sale contract of Party A and Party C for details;
Commodity quantity: tons, subject to the fuel oil purchase and sale contract of Party A and Party C;
Commodity price: subject to the fuel oil purchase and sale contract signed by Party A and Party C;
Delivery time: subject to the fuel oil purchase and sale contract between Party A and Party C;
Place of delivery: subject to the fuel oil purchase and sale contract signed by Party A and Party C;
3. Calculation method, payment time and method of intermediary remuneration:
1. Calculation and payment of agency fee: Party A shall actually pay the agency fee of RMB (after tax)/ton to Party B according to the fuel oil purchase and sale contract signed by Party A and Party C during the agency period, with a total amount of RMB (after tax). The calculation of payment amount shall be subject to the fuel oil purchase and sale contract signed by both parties;
2. Party A shall pay the agency fee (after tax) RMB/ton to Party B within days from the date of signing the fuel oil purchase and sale contract with Party C, and the calculation of the payment amount shall be subject to the fuel oil purchase and sale contract signed by both parties;
3. Party A shall, within the date of receiving any payment from Party C to Party A (subject to the specific payment date), pay Party B the same proportion of the total amount of brokerage fees payable according to the proportion paid to Party C, that is, payment/total amount of money payable by Party C to Party A = total amount of brokerage fees payable by Party A to Party B/total amount of brokerage fees payable by Party A .. The calculated payment amount shall be subject to the quantity of goods reflected in the payment notice;
4. The accumulated amount of each agency fee paid by Party A to Party B shall not be less than the total agency fee payable;
5. If the entrusted matters are not completed or within the entrusted period due to Party B's intention or negligence, Party B may require Party A to pay the necessary and reasonable intermediary activities, and then Party A shall pay RMB to each independent beneficiary of Party B;
6. Party A shall remit to the following account designated by Party B by cash transfer, and the total income must meet the following table. The transfer fee shall be borne by Party A. If the account and account name do not meet Party A's requirements, Party B shall promptly notify Party B, and Party B shall promptly correct the mistakes. Payment of intermediary remuneration shall be subject to the transfer voucher presented by the intermediary, and shall be consistent with the following account number, account name and amount.
(The handwritten account name is valid if it does not exceed the total amount. )
Three. Liability clause:
1. As the payer of the brokerage fee, Party A guarantees to pay the brokerage fee according to the relevant provisions of this agreement, and confirms to pay the brokerage fee under this contract with an irrevocable commitment;
2. Party A shall bear all the responsibilities for paying the agency fee, and once it is paid to Party B, Party A will no longer bear any responsibilities. Intermediary fees must be allocated according to the corresponding pre-set intermediary fee arrangements for independent beneficiaries in this contract, and there shall be no allocation errors, otherwise Party A shall bear the responsibilities arising therefrom. If Party A fails to allocate or underallocate the intermediary fees of independent beneficiaries, each independent beneficiary who fails to allocate or underallocate the intermediary fees by Party B has the right to think that Party A has delayed or refused to pay. The agency fee will be paid according to the terms agreed by both parties. This power of attorney for payment remains valid during the relevant contract period, and is applicable to any renewal, extension, renewal, addition or any new agreement made by the buyer and the seller or their shareholders or their successors and principals; This responsibility to protect intermediary fees will remain valid during this contract and its extension from the date of commencement or effective execution. This Agreement is transferable, and its rights and obligations are binding and effective on the respective heirs, legal representatives, principals or successors of both parties.
Four. Obligation of confidentiality:
Party A's business secrets, information provided by Party B and trading opportunities learned by Party B from intermediary behavior.
Article 5 Termination of the Contract
1, both parties reached an agreement on the termination of the contract;
2. The purpose of the contract cannot be achieved due to force majeure (natural disasters);
Liability for breach of contract of intransitive verbs:
1. If Party A delays payment or refuses to pay, it shall bear the liability for breach of contract and pay Party B a penalty of 0.3 ‰ of the total agency fee in this brokerage contract. At the same time, Party B has the right to apply for litigation property preservation and notify Party C to stop further payment to Party A, and Party B will not bear any legal responsibility for the losses caused. This contract is based on the main contract (fuel oil purchase and sale contract signed by both parties). If the main contract is not established due to irresistible reasons, Party A will not bear any intermediary fees.
2. If the observant party requests the defaulting party to pay liquidated damages according to the above-mentioned breach clauses, it shall notify the defaulting party in writing and explain the amount of liquidated damages. The breaching party shall pay liquidated damages to the observant party within 3 days after receiving the notice. All signed versions of this agreement, including fax, e-mail or digital transmission, are regarded as valid and legally binding documents.
3. Matters not covered in this contract shall be settled by both parties through consultation. If they don't agree, it should be perfected in writing. This result will be used as a supplementary document to this contract and come into effect after being signed and sealed by both parties. Supplementary documents have the same legal effect as this contract. If no agreement can be reached, or any dispute arising from the performance of this agreement, it shall be under the jurisdiction of the court where this agreement is signed. This contract is signed by both parties in accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, which is authentic, legal and valid and binding on both parties. Matters not covered in this contract shall be interpreted and implemented in accordance with People's Republic of China (PRC) Contract Law and other laws and regulations. This contract is made in duplicate, one for each party (including the intermediary agency), with the same legal effect. This contract shall come into effect as of the date of signature or seal by both parties.
Party A (signature): Party B (signature):
Domicile:
Legal representative:
ID number of legal representative: ID number:
Business license number:
Entrusted agent:
Postal code:
Date: Date:
Signing place: Signing place:
Model text of fuel oil purchase and sale contract 3
I. Both parties
Party A (supplier): _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Registered address of the company: _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Party B (Buyer): _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Registered address of the company: _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Second, the contract intention
Party B intends to purchase _ _ _ _ _ _ _ _ _ _ tons of fuel oil from Party A in a fixed, fixed and priced manner.
Quota refers to the number of _ _ _ _ _ _ _ _ _
The meaning of pricing is explained as follows: Party A and Party B clearly stipulate in the contract that if the market price is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The meaning of timing is explained as: the performance period clearly agreed by both parties in the contract, including the performance period 12 months and the planned supply of goods every month.
3. Name, quantity and price of purchased products
3. 1 Product name: _ _ _ _ _ _ _ fuel oil
3.2 Country of origin: _ _ _ _ _ _
3.3 Product quality standards: in line with international standards.
3.4 Product quantity: _ _ _ _ _ _ _ ton +/- 10%
3.5 Product unit price:
Rmb/ton (country of origin: _ _ _ _ _ _)
Rmb/ton (country of origin: _ _ _ _ _ _)
Rmb/ton (country of origin: _ _ _ _ _ _)
Four. Place of delivery and unloading matters
4. 1 Delivery place: _ _ _ _ _ _ _.
4.2 Unloading time: _ _ _ _ _ _.
4.3 Party A shall notify Party B of the delivery place and unloading time in written form (including fax) three days in advance, so that Party B can receive the goods in time.
Verb (abbreviation for verb) Mode of transportation and cost:
5. 1 Party B shall send a boat to the delivery place to pick up the goods, and all expenses arising therefrom shall be borne by Party B. ..
5.2 If Party B fails to receive the goods in time, resulting in the delay in unloading or the delay in berthing the goods at the dock, all expenses arising therefrom shall be borne by Party B. ..
Payment and settlement method of intransitive verbs:
Within _ _ _ _ _ days after each batch of goods is discharged as planned, Party B shall pay the payment in RMB.
Seven, acceptance criteria:
7. 1 meets the quality index requirements of the annex to this contract.
7.2 Before the delivery of each batch of fuel oil, Party A shall provide the fuel oil quality inspection list (original) of the carrier tanker of origin.
7.3 Party B shall object to the quality of the goods within two working days after receiving the goods. Both parties shall settle the matter through consultation or designate an institution recognized by both parties to conduct re-inspection, and the expenses required shall be borne by the responsible party.
7.4 If the inspection results exceed the quality index requirements in the annex, the oil price will be deducted, which will be measured and priced by each ship, and the deduction amount will be deducted from the total oil price by Party A. ..
Eight. Liability for breach of contract:
8. 1 Party A shall actively seek sources of goods to ensure that sufficient goods are provided to Party B on time. If Party A fails to deliver the goods in time according to the quantity and time determined by both parties, it shall bear _ _ _% of the overdue or undeliverable payment.
8.2 The goods provided by Party A must meet the quality standards, or they will be punished according to the punishment method agreed by both parties.
8.3 If the payment is overdue, Party B shall pay a late payment fee of 0.5 ‰ per day from the date of delivery.
8.4 If Party B fails to receive the goods, in addition to continuing to perform the contract, it shall also bear _ _ _ _ _ _ _ _ _% of the unpaid goods. If Party B delays receiving the goods, Party B shall bear part of the payment for the delayed receipt.
_ _ _ _ _% of the liquidated damages and compensate for the losses caused thereby, Party A has the right to terminate the performance of the Contract.
Nine, guarantee terms:
In view of the fact that the final settlement method stipulated in this contract is payment after delivery, in order to reduce Party A's risk, both parties agree that Party B will pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
X. force majeure:
10. 1 If either party fails to perform or delays the performance of this contract due to force majeure, it shall promptly notify the other party of the reasons for its failure to perform, and may be partially or completely exempted from the liability for breach of contract after obtaining the certificate from the relevant authorities. If the force majeure causes continue to exist, resulting in failure to deliver the goods within _ _ _ _ _ days after the delivery date stipulated in the contract, one party has the right to terminate the contract.
10.2 the causes of force majeure include: typhoons or waves of magnitude 4-6 or above, wars, other natural disasters and other unforeseeable or inevitable events.
XI。 Law application and dispute settlement
The conclusion, performance and dispute settlement of this Contract shall be governed by the laws of People's Republic of China (PRC).
1 1.2 In case of any dispute during the performance of the contract, both parties shall settle it through negotiation; If negotiation fails, one party may bring a lawsuit to the court where the contract is signed.
Twelve. Special agreement:
12. 1 Party A and Party B specifically declare that the price determined by both parties in the contract has fully taken into account the substantial increase and decrease of the market price due to various reasons. Both parties promise that the price and time agreed in this contract will not be affected by the rise and fall of market prices. Otherwise, it shall be regarded as a breach of contract, and the performing party shall not only have the right to require the defaulting party to continue to perform the contract, but also bear the liability for breach of contract.
12.2 Party A promises that if the market price drops, the risk of performing this contract after the drop will be borne by itself, and Party A will still supply the goods to Party B at the price agreed in the contract, otherwise it will be regarded as a breach of contract.
12.3 Party B promises that if the market price rises, the risk of executing this contract will be borne by itself, and Party B will still purchase goods from Party A at the price and time agreed in the contract, otherwise it will be regarded as a breach of contract.
Thirteen. Other agreements:
13. 1 expenses incurred in the performance of this contract, including _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
13.2 expenses incurred from the performance of this contract include _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
13.3 In order to support Party A to actively search for goods and supply them to Party B in time, Party B agrees to pay Party A the development fee for searching for goods at _ _ _ _ _ _ _ _ _ yuan per ton. The payment period of this fee is _ _ _ _ _ _.
13.4 the annexes to the contract are an integral part of the contract, including:
This contract shall come into effect as of the date of formal signing by both parties.
13.6 this contract was signed on _ _ _ _ _ _ _ _ _ _.
Fourteen contract performance period
14. 1 The performance period of the contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
14.2 the performance of each batch of goods shall be subject to the contents specified in the annex.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Representative (signature): _ _ _ _ Representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
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