221 commodity purchase and sale contract agreement template
221 commodity purchase and sale contract agreement template, commodity purchase and sale contract is the best proof to ensure the interests of both sellers and buyers and sellers, and the contract has certain legal effect. The following is about the template of 221 commodity purchase and sale contract agreement, I hope everyone can help. Commodity purchase and sale contract agreement 1
Demander: (hereinafter referred to as Party A)
Supplier: (hereinafter referred to as Party B)
In the attitude of friendly cooperation, Party A and Party B have made the following terms and conditions on the purchase of aluminum alloy doors and windows from Party B on the principles of equality, mutual benefit, voluntariness and consensus.
1. brand, quantity, unit of measurement, unit price and amount
2. quality standard
1. implement the standard specified in 8J/T714, and meet the project completion acceptance and qualified requirements.
2. Party B shall deliver the supply list, experimental report and certificate of conformity to Party A on time, and Party A shall check the quality with the voucher.
3. The product requires complete accessories, smoothness, lightness and no noise.
4. The products provided by Party B shall meet the design requirements and national standards (strength, air tightness, heat preservation, etc.)
3. Material requirements
1. Aluminum alloy door profiles are 3, mm thick, equipped with 6mm tempered glass LOWE+9A+6mm tempered glass, hardware fittings imported from Germany, heavy double-axle wheels from Germany, and EPDM rubber strips are used in the cavity.
2. The aluminum alloy window profile is 2 mm thick, equipped with 6mm tempered glass LOWE+9A+6mm tempered glass, imported hardware fittings from Germany, and the cavity adopts EPDM rubber strip.
iv. delivery method, place and burden of transportation and miscellaneous fees
1. Party B shall organize the means of transport to deliver the goods to the place designated by Party A in _ _ _ _ _ city, Guangdong Province.
2. Party B shall be responsible for the freight, boarding and disembarking fares, etc.
3. The products shall be protected by corresponding packaging during transportation, and the packaging expenses shall be borne by Party B;
4. The product loss has been included in the total contract price.
5. delivery date: from (year) to (year), Party B will supply goods in batches according to Party A's requirements.
VI. Payment method and time limit: Within three days after the signing of the contract, Party A will pay 1% of the payment to Party B as the down payment, and the remaining two years will be settled by installments.
VII. Liability for breach of contract: Either party shall not breach the contract, otherwise, the breaching party shall compensate the other party for economic losses and bear economic responsibilities.
VIII. Method of resolving contract disputes: report to _ _ Arbitration Commission for arbitration.
IX. Other agreed matters: Matters not covered shall be settled by both parties through negotiation.
X. this contract is made in duplicate. Party A and Party B each hold one copy.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. qualification of subject
when signing this contract, party b shall provide proof of legal qualification of contracting subject such as business license, tax registration certificate and health permit.
II. Subject matter of the contract
(1) The types, commodity names, brands, specifications, manufacturers' names and addresses, grades, quality standards, packaging requirements, measuring units, expiration dates and unit prices of the goods to be supplied are detailed in the Confirmation Sheet for Purchase and Sale of Goods in Annex I to this contract. During the contract period, when adjusting commodities and prices, the Confirmation Sheet for Purchase and Sale of Commodities confirmed by both parties shall prevail.
(2) Party B shall submit the license or certification documents for the production, agency, wholesale, import and special operation of relevant commodities and relevant quality inspection certificates according to the Confirmation Sheet for Purchase and Sale of Commodities. Where there is a patent or registered trademark, relevant certificates issued by the state shall also be provided.
III. Commodity prices
(1) Except for the commodities belonging to state price, Party B shall set its own prices for the commodities supplied, and the prices quoted by Party B to Party A shall be fair and reasonable. Party B shall make an offer to Party A by written delivery.
(2) Party B's Confirmation Sheet for Purchase and Sale of Commodities confirmed by Party A in writing will be an annex to this Agreement. Both parties agree that the price of the goods in the quotation shall be regarded as the actual transaction price when the goods arrive at the designated receiving place of Party A and are delivered to Party A, and the expenses and risks such as packaging, transportation, loading and unloading shall be borne by Party B..
(3) when party b changes the unit price of goods, it must inform party a of the new quotation of such goods in writing three days in advance, and the price can be changed only after being confirmed by party a in writing.
(4) Party A's order does not indicate the transaction price separately, so as to ensure the confidentiality of the transaction price of both parties, and the transaction price of both parties shall be subject to the quotation mentioned in Item (2) of this article.
iv. quality of goods
(1) the goods supplied by party b must meet the following requirements:
a. they have product quality inspection certificates that meet national and local regulations.
B, product name, product origin, manufacturer name and address marked in Chinese.
C, there is a product manual (including specifications, grades, names and quantities of ingredients).
D, there is a service life description (including: description of production date, safe service life and expiration date).
for the above information, if it has been printed on the packaging of the goods or the trademark (logo) affixed to the goods, it is not necessary to provide it separately.
(2) Party B shall be fully responsible for the quality of the goods under the specified quality guarantee period and conditions, and bear the relevant responsibilities arising from providing the quality of the goods at its own expense.
(3) Party B shall not provide fake and shoddy goods to Party A, and the remaining shelf life of the goods provided must be more than 2/3 of the original shelf life.
(4) The quality of goods supplied by Party B shall meet the quality standards stipulated by the people's Republic of China and relevant laws and regulations of China.
(5) The quality of the goods provided by Party B shall meet the quality standards agreed in this contract or order; If the quality requirements are not clear, the national standards and industry standards shall be implemented; Where there is no national standard or industry standard, the usual standard or specific standard that meets the purpose of the contract shall be implemented.
(6) If Party A advances the expenses arising from the after-sales service of the goods after confirmation by Party B, Party A may directly deduct them from Party B's payment or directly pay them by Party B.. Unless otherwise agreed, such agreement shall prevail.
(7) in order to protect the rights and interests of consumers and implement the relevant provisions of the state on food safety, Party A may conduct four regular spot checks on the goods provided by Party B every year, and the inspection fees arising therefrom shall be borne by Party B.. Party A may also conduct random sampling inspection. If the quality of the sampled goods is qualified, the inspection fee shall be borne by Party A, and if it is unqualified, it shall be borne by Party B, and Party A shall issue an inspection report.
in the process of selling goods, the quality inspection is carried out by special government agencies in accordance with relevant regulations. If the inspection part is charged, the inspection fee shall be borne by both parties, and the unqualified inspection fee shall be borne by Party B..
if the goods submitted for inspection by consumers are unqualified after inspection, the inspection expenses shall be borne by party B ..
for the expenses that should be borne by party b for the above-mentioned inspection, party a shall provide the legal charging voucher of the government special inspection agency and settle with party b in the amount of the voucher.
V. Delivery and acceptance
(1) Delivery shall be made by delivery system, that is, Party B shall deliver the goods to the delivery place designated by Party A within the time specified in the order (within four days from the date of issue).
(2) When Party B delivers the goods, Party B shall be responsible for the handling of the goods from unloading to entering Party A's warehouse. When the goods arrive at the site, the receiving staff of Party A only counts the number of boxes or pieces. If Party A finds that the quantity and quality of the goods are not in conformity with this contract when unpacking, Party B shall be responsible.
(3) Party B shall hand over the goods at one time according to the order, and shall not deliver them in batches or in excess. In case of special circumstances, you can negotiate with relevant personnel of Party A..
(4) when delivering the goods, Party B shall provide a copy or fax of Party A's order, and Party B shall issue a delivery note according to the copy or fax of Party A's order, including product name, specification, quantity, unit price and amount. Party A shall check and accept according to the order and delivery note, and the handover personnel of both parties shall sign it after the receipt is completed.
VI. Refund and exchange of goods
(1) If Party B's goods enter Party A's supermarket, if there are quality problems or unsalable goods, Party B shall implement two packages for the supplied goods: return and exchange. However, when returning unsalable goods, the remaining shelf life of the goods should be no less than 1/3 of the original shelf life, and the appearance of the single piece is undamaged and unused.
(2) for the unsalable or problematic goods, Party B shall arrange for a return as soon as possible. Party A shall notify Party B of the return category in written form. If Party B still fails to arrange the return of the goods within five days, Party B shall be responsible for all the responsibilities related to the shelf life of the goods to be returned, and Party A shall directly deduct the quantity determined according to the return notice from the payment payable.
(3) after receiving the goods, Party A finds that the goods are damaged or in short supply during the actual sales, and Party B shall organize the return or replenishment.
(4) if party a finds hidden defects or other quality problems in the goods provided by party b after receiving the goods, party b shall unconditionally organize the return.
VII. Quality deposit
Party B shall pay the quality deposit to Party A before the goods enter Party A's premises for sale, and return the quality deposit without interest after the expiration of the quality guarantee period or one year after the acceptance handover date.
VIII. Reconciliation
(1) The reconciliation period confirmed by Party A and Party B is once a month, with the reconciliation date from 3rd to 1th every month and the reconciliation period of 8 days.
(2) Party A's change of order shall be realized in writing within a reasonable time. If Party B fails to raise a written objection within two days after receiving the written notice of the change order, it shall be deemed that Party B agrees to trade according to the change order, and the transaction unit price remains unchanged.
(3) If Party B raises a written objection within two days after receiving the written notice from Party A to change the order, Party A's change will be invalid. If Party B requests to change the order conditionally, Party B shall handle it with relevant personnel of Party A on the basis of equality, mutual benefit and consensus.
(4) Party B shall, when collecting the payment, issue a legal and valid special VAT invoice to Party A and attach a delivery note settlement copy.
IX. Settlement
Party A will settle the payment in the following ways:
Bank where Party B opens an account:
Account number:
Tax number:
The settlement period confirmed by both parties is: account period of 3 days
X. Termination of the contract
(1) If Party B fails to fulfill the delivery obligations as stipulated in the order, Party A has the right to terminate it.
(2) if party b requests to postpone the performance, and fails to do so within the specified time limit after obtaining the written consent of party a, party a has the right to unilaterally terminate the contract and hold party b accountable.
(3) Both parties can modify or terminate the contract after reaching an agreement through consultation.
(4) if both parties fail to perform their contractual obligations due to force majeure, the contract may be terminated.
(5) The contract can also be terminated when there are circumstances in other clauses of this contract that allow one party to terminate the contract.
Xi. Liability for breach of contract
(1) If Party B causes losses to Party A due to product quality problems or violates the "commodity quality" clause of this contract, Party A shall deduct 1 times of the losses from the quality deposit paid by Party B as liquidated damages and terminate the contract.
(2) If the price of the goods supplied by Party B to Party A is higher than that supplied by Party B to other similar customers, Party A has the right to terminate the contract and require Party B to pay a penalty of 5 times the amount of the goods in this order.
(3) If the delivery rate of Party B fails to reach 95% for three times, Party A has the right to terminate the contract.
(4) if party b fails to fulfill the delivery obligation according to the provisions of this contract and the delivery is overdue for more than 2 days, it shall pay liquidated damages to party a at 2% of the price of the unpaid goods.
(5) if party b violates other terms of this contract, it shall compensate party a for all losses and pay party a a a penalty of RMB 5,.
XII. Term of the contract
(1) The term of the contract is from (year) to (year).
(2) two months before the expiration of the contract, if both parties agree to continue cooperation, they should sign a new contract; If a new contract is not signed, if Party A still places an order and Party B accepts it, it shall be deemed to continue to perform according to the original contract.
XIII. Dispute Resolution
Disputes arising under this contract shall be settled by both parties through consultation, or they may complain to the relevant administrative authorities; If negotiation fails, apply to Hefei Arbitration Commission for arbitration.
XIV. Others
(1) During the performance of this contract, both parties clearly authorize the agent and specifically implement the legal effect of the agents in all aspects of the transaction, so as to ensure the smooth performance of the contract.
(2) the notices involved in this contract shall be delivered in the form agreed by both parties.
(3) If one party collects payment or fees from the other party, it shall issue an invoice or receipt to the other party.
(4) for the alteration and supplement of this contract, both parties shall sign a supplementary agreement separately, and the supplementary agreement shall not conflict with this contract.
(5) this contract shall come into effect after being signed and stamped by the legal representatives or their agents of both parties.
(6) this contract is made in sextuplicate, with each party holding three copies, all of which have the same legal effect.
(7) Party B shall pay the service fee for the promotion of new products.
(8) year-end rebate
The annual distribution amount is -5, yuan (inclusive) and returned to%;
the annual distribution amount is 5-1, yuan, and so on.
cool calculation method: party b will transfer the year-end rebate to party a before, and party a will provide relevant bills.
party a: party b:
signing representative:
seal: seal:
date of signing: date of signing commodity purchase and sale contract agreement 3
supplier/party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party a: _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B cooperate in good faith in accordance with the Contract Law of the People's Republic of China and relevant laws and regulations.
I. Cooperation