With the strengthening of people's legal awareness, there are more and more types of contracts. The purpose of signing contracts is to protect the interests of both parties and avoid unnecessary disputes. The following is a list of matters needing attention in commodity sales contracts that I have compiled for you. Click on "Commodity Sales Contracts" for more sample contracts!

Precautions for commodity sales contracts

1. Precautions for specific contents such as product name, trademark, specifications, manufacturer, measurement unit, quantity, unit price, amount, delivery time and quantity.

1. Fill in the name correctly, and don't write the customary name or name yourself.

2. Where products with brands or trademarks are used, the brands, trademarks and manufacturers shall be specially indicated.

3. For specifications and models, refer to the corresponding material catalogue and equipment catalogue.

4. The quantity and measurement method of products shall be implemented according to the measurement method stipulated by the state or the competent department; If there are no provisions, the measurement method agreed by both parties shall be implemented.

5. The price and amount shall be determined by the parties through consultation, except that the state price must be implemented as stipulated by the state. If state price is implemented, when the national price is adjusted within the delivery period stipulated in the contract, it shall be priced at the delivery price. In case of late delivery, when the price rises, the original price shall prevail; When the price drops, the new price shall prevail. Overdue loan or payment, when the price rises, according to the new price; When the price drops, the original price shall prevail;

6. the delivery period can be stipulated in the contract. Generally speaking, the delivery date shall be based on the delivery date notified by Party B (Party A shall be given the necessary en route time), the delivery date shall be based on the delivery of the goods to the carrier for consignment, and the delivery date shall be based on the destination.

7. delivery in batches can be agreed.

II. Quality and technical standards, conditions and time limit for suppliers to be responsible for quality

If there are national or industrial mandatory standards, they shall not be lower than the national or industrial mandatory standards; If there is no national mandatory standard or industry mandatory standard, it shall be signed by both parties through consultation. The supplier must be responsible for the product quality and packaging quality, and provide necessary technical data or samples for acceptance. The methods of product quality acceptance and quarantine shall be implemented in accordance with the relevant regulations approved by the State Council, and the parties concerned shall negotiate to determine if there are no regulations;

standards include national standard GB, ministerial standard and enterprise standard QB. If you want to fill in, you must have a standard code, number and standard name. Most general purchase and sale contracts are generally agreed as national standards. If there are special requirements for a specific product or product quality, it must be specifically agreed on which standard, or agreed conditions, samples (* * * same as sealed samples, kept separately) and supplementary technical requirements.

stipulate the quality guarantee period of the products provided by the supplier. During the guarantee period, if quality problems are found, the supplier shall be liable for breach of contract, but the abnormal use of the buyer shall be excluded.

3. Place and method of delivery

1. Delivery place involves "delivery of the subject matter" and is also the demarcation point of risk transfer.

the place of delivery, as the place where the contract is performed, involves the jurisdiction of contract disputes. When the agreed place of delivery is inconsistent with the actual place of delivery, the actual place of delivery shall be the place of performance of the contract. If both parties have agreed on the place of performance of the contract, the place where the goods arrive, the place of arrival, the place of acceptance, the place of installation and debugging, etc. shall not be regarded as the place of performance of the contract.

2. delivery methods: factory delivery (pick-up), destination port delivery (delivery), goods delivery to the carrier (transportation on behalf of the agent) and so on. In foreign trade, there are special terms.

iv. mode of transportation, arrival at port and expenses

1. the mode of transportation is generally proposed by the buyer, and the mode, route and means of transportation can also be determined through consultation. The general requirements are low freight, fast delivery and safe arrival of goods. If unreasonable transportation routes and tools are chosen due to the supplier's reasons, the losses caused thereby will be liable for compensation.

2. The burden of transportation expenses should be considered in combination with the price of the goods, and it should be clearly agreed to avoid disputes.

V. Reasonable loss and calculation method

The positive and negative tail difference of the product delivery quantity, the reasonable more or less clause and the natural loss on the way, the relevant competent departments have detailed provisions on this and the calculation method, which should be clearly indicated in the contract.

in our practice, it is generally not allowed to have a quantity difference, and it is settled according to the actual received quantity.

VI. Packaging standards, supply and recycling of packaging materials

Packaging is an indispensable and important part in the production process of all tangible products. Poor packaging will lead to deterioration and damage of commodities, and lose their own value and use value. High-quality packaging can not only effectively protect commodities, but also improve their added value and enhance their competitiveness. When it comes to quality, we must first talk about standards, and standardization is an important guarantee to improve product quality.

1. product packaging standards: according to national standards or professional standards. Where there is no general method or agreement, the supplier shall adopt a packaging method sufficient to protect the subject matter.

2. The supply of packaging materials shall be provided by the supplier or agreed in the contract, except that it is provided by the buyer as stipulated by the state.

3. packaging recycling: it is stipulated in the contract and the recycling fee is agreed. Such as oil drums, oxygen cylinders, etc.

VII. Acceptance criteria, methods and time limit for raising objections

1. Acceptance methods: comprehensive inspection, sampling inspection, theoretical calculation and actual weighing.

2. acceptance criteria: national standards, industry standards, enterprise standards and agreed standards.

3. Acceptance time: how many days should the acceptance be completed, which is different from the time limit for raising objections.

4. Time limit for raising objections:

If the inspection period is agreed, the buyer shall notify the supplier of the unqualified acceptance quantity or quality within the agreed period; if the notice is delayed, it shall be deemed as qualified quantity or quality. In the written notice, it is suggested to specify the supplier's reply time, otherwise it will be regarded as the default objection and handling opinion put forward by the buyer.

if there is no agreed inspection period, the buyer shall notify the supplier within a reasonable period after receiving the goods; if it fails to notify within a reasonable period or within 2 years after receiving the goods, it shall be deemed as qualified. However, if there is an agreement on the quality guarantee period, the quality guarantee period shall apply. Of course, if the supplier knows that the products provided have quality problems, it is not limited by the above notice time.

"reasonable period" generally speaking, if the variety, specification, model, design and quality are unqualified, a written objection shall be raised within 1 days after the arrival of the goods. Products that need to be installed and operated before the inherent quality problems can be found should raise objections within 6 months from the date of operation.

5. It is also possible to specify who (which institution) will be responsible for the acceptance and test, and so on.

VIII. Quantity and supply methods of spare parts, accessories and tools

For mechanical and electrical products, auxiliary machines, accessories, supporting products, easy-to-wear spare parts, accessories and installation and repair tools accompanying the main engine should be clearly specified. For complete sets of equipment, the list of equipment should be made clear.

IX. Settlement method and time limit

1. Settlement method: cash, cheque, bill of exchange, collection and acceptance (payment by inspection or payment by inspection).

2. Settlement term: advance payment, cash on delivery and installment payment.

X. Guarantee

A separate guarantee contract may be established.

Xi. Liability for breach of contract

(1) Liability of the supplier for breach of contract

1. If the supplier fails to deliver the goods, it shall pay the buyer a penalty of several percent of the payment for the undeliverable part. (the range of general products is 1-5%, and the range of special products is 1-3%)

2. If the variety, specification, model, design and quality of the products delivered by the supplier are not in conformity with the contract, if the buyer agrees to use them, the price shall be determined according to the quality. If the buyer cannot use them, the supplier shall be responsible for replacement or repair, and bear the costs of repair, replacement or return. If the supplier can't repair or return it, it shall be treated as undeliverable.

3. if the supplier fails to deliver the goods within the time limit, it shall bear the liquidated damages to the buyer and the losses caused by the buyer for each overdue day. If the delivery is overdue, it shall be negotiated with the buyer before delivery, and if it is still needed, the supplier shall pay it according to the number; If it is no longer needed, it shall reply within days after receiving the supplier's notice, and go through the formalities of canceling the contract. If it fails to reply within the time limit, it shall be deemed as agreeing to deliver the goods.

4. If the supplier delivers the goods in advance, if the buyer takes delivery, it may refuse to take delivery; If the goods are delivered, the supplier may be required to bear the storage expenses during the early delivery period, and the buyer shall still pay the payment as agreed. If the transportation expenses are borne by the buyer, and the contract stipulates the transportation route and means of transportation, and the supplier changes them without authorization, it shall bear the increased expenses.

(2) the buyer's liability for breach of contract

1. If the buyer returns the goods midway, it shall bear the liquidated damages for part of the returned goods to the supplier.

2. if the buyer fails to provide the technical data or packaging materials that should be delivered according to the agreed time, the delivery time can be postponed and the buyer should also bear the liquidated damages to the supplier. If it cannot be provided, it shall be returned in the middle.

3. if the buyer fails to take delivery of the products at the agreed time or the notified time, it shall pay the liquidated damages and bear the storage expenses.

4. if the buyer delays payment, it shall bear the penalty.

5. if the buyer refuses to receive the goods in violation of the contract, it shall be treated as a return, and the losses caused by it shall be borne by the supplier.

XII. Ways to solve contract disputes

Ways to solve contract disputes: Do the two parties agree to arbitrate or bring a lawsuit in court?

1. If both parties want to settle the dispute through arbitration, it shall be stated that the dispute shall be settled by "_ _ Arbitration Commission". If the name cannot be determined, the agreement shall be regarded as invalid. If you can't express that you are not satisfied with arbitration, you have the right to bring a suit in a people's court. It violates the principle of "arbitration or trial", which makes the arbitration agreement invalid and the court obtains jurisdiction.

2. If both parties agree to solve the problem through prosecution, they can agree on the court of jurisdiction. Plaintiff's place, defendant's place, place of contract performance, place of contract signing and place of subject matter. In order to facilitate their own litigation, some parties may agree on the jurisdiction of the court where one party has his domicile. In some cases, in order to prevent the other party from suing, it is agreed to be under the jurisdiction of the court where the defendant is located.

XIII. Others

1. Special agreements or supplementary terms, such as timber inspection and quarantine, transportation certificate, several certificates of initiating explosive device, etc.

2. delivery agreement: notices or other correspondence sent according to the requirements of this contract shall be written in Chinese and delivered by hand, fax or registered letter, and the legal addresses of both parties shall be subject to the signature address.

All notices and other correspondence shall be deemed to have been formally delivered on the following first date:

1) If delivered by hand, the date of receipt;

2) if it is a fax, it is the time to send it back for confirmation;

3) if it is mailed, it is five days after the date of mailing, subject to the mailing certificate;

4) If it is sent by courier, it is 3 days after the voucher is sent by courier; How to prove the content of the mail is the key to the defects of the mail. Mailer confirmed that notarization service. You can also agree to serve the newspaper announcement.

if the delivery place needs to be changed, one party will notify the other party in writing the day after the change, otherwise, the documents delivered by the other party at the above-mentioned confirmed place will be deemed to have been delivered regardless of whether they are received or not.

3. number of contract copies and effective conditions: how many copies? Sign and seal to take effect? Or conditional entry into force? Other agreements: this contract is a complete agreement between both parties, and all statements, negotiations, letters, promises, agreements, negotiations and contracts made by both parties or their agents on any matters or things related to this agreement, whether written or oral, are null and void.

XIV. The signature

shall include: full name, detailed address, postal code, legal representative, agent and telephone number of the company; Opening bank and account number; Date of contract signing.

Conditions for the establishment of a contract

1. There are two or more parties to the contract. The so-called contracting subject refers to the people who actually conclude the contract. They can be both the future parties to the contract and the agents of the parties to the contract. The contracting subject is different from the contracting subject. The contracting subject is the parties to the contractual relationship. They are the people who actually enjoy the contractual rights and undertake the contractual obligations.

2. Both parties must conclude the contract in accordance with the law. The so-called "legally established contract" means that the conclusion of a contract must comply with the requirements of laws and administrative regulations. Since the contract stipulates the relationship between the rights and obligations of the parties, and the rights and obligations are enjoyed and assumed in accordance with the law, the conclusion of a contract must comply with the provisions of laws and administrative regulations. If the contract concluded by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it. In this way, the purpose of the agreement reached by the parties will not be realized, and the conclusion of the contract will be meaningless.

3. The parties must reach an agreement on the main terms of the contract. That is, the contract must be agreed by both parties through consultation. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining.

4. The establishment of a contract should have the stage method of offer and acceptance. Offer acceptance is the basic rule of contract formation, and it is also a two-stage method that contract formation must go through. If the contract has not been promised, but only stays in the offer stage, the contract is not established. A contract begins with the negotiation between the parties to the contract, and is established by the agreement between the contract offer and the commitment to it.

text of commodity sales contract

purchaser: (hereinafter referred to as Party A)

supplier: (hereinafter referred to as Party B)

In accordance with the Contract Law of the People's Republic of China and other relevant laws and regulations, through friendly negotiation and based on the principle of mutual respect, honesty and trustworthiness, Party A and Party B have reached an agreement on the purchase of a batch of automatic drip irrigation planting system products by Party A and their installation in the unit. The specific terms are as follows:

1. After careful understanding and detailed accounting, Party A decides to order the following products from Party B:

Product details

Remarks: The above expenses include transportation fees and installation fees.

II. Obligations of Party B:

1. On-site construction personnel shall abide by the laws and regulations of Party A..

2. The products provided must meet the quantity and technical requirements stipulated in the contract, and the supply and installation period is one week. It is planned to start from April 29th, _ _ _, and complete the supply and installation before May 3rd, _ _ _.

III. Obligations of Party A

1. Be responsible for the water and electricity supply required in the construction process and provide corresponding support to Party B's service personnel.

2. provide a safe place for party b to store products and other work-related items.

3. Arrange designated personnel to assist in the construction. If there is any change, Party B shall be informed in writing one day in advance and assist in related matters.

4. Designate personnel to cooperate with the project construction and acceptance.

IV. Acceptance contents:

1. All products according to Party A's purchase list are installed in place.

2. according to the contents of the design scheme, vegetable seedling planting and seed sowing are completed.

3. Complete irrigation equipment can realize automatic water supply.

five,