Sales contracts about products (selected 5 articles)
The contract actually adopts the principle of consistency of risks and interests. Whoever has ownership or certain interests in something shall You should bear the risks arising from the thing, so do you now know what the contract looks like? I am here to share with you some sales contracts about products, I hope it will be helpful to you.
Part 1 of the sales contract about products
First, the parties blindly sign the contract without proceeding from reality, based on their own needs and possibilities, and considering the changing trends of market supply and demand. , causing waste, or resulting in a breach of contract due to the inability to perform the contract.
Second, before signing a contract, it is necessary to carefully examine whether the subject of the industrial and mining product purchase and sale contract is qualified. For example, when inspecting the unit's business license, pay attention to whether the business license is a counterfeit or stolen product; Issued by the administrative department; whether it has the capacity and rights to produce and operate. Another example is whether the price of the subject matter of the signed contract is compatible with the party's own working capital. If it is an individual industrial and commercial household, whether it has the ability to perform the contract must be carefully reviewed and verified. The production of some products requires a license from the relevant department, or is approved by the competent authority. Whether the approval or mining and operating qualifications have been obtained must be carefully reviewed to avoid invalidating the signed contract or being subject to administrative penalties for violating the law. .
Third, when entering into a contract, the qualification certificate of the legal representative or authorized agent and the true status of the official seal of the legal person submitted by the other party must be carefully checked to ensure that the representative is clearly identified. Only when the agent is qualified can we sign a contract with him.
Fourth, the two parties to the contract should be represented by the supplier and the demander, rather than Party A and Party B, so as not to cause confusion between the two parties and unclear responsibilities.
Fifth, pay attention to filling in the purpose of the product. For example, in specific medicines, chemical reagents, and items in the food industry where the production quality of the product is often determined by use, the use must be clearly stated to distinguish between drinking, medicinal or external use, etc. Sometimes the purpose is not clearly stated, so that the products produced do not meet the requirements of the buyer, but the products are suitable for general purposes, which can easily lead to disputes.
According to the "Regulations on the Purchase and Sales Contract of Industrial and Mining Products", industrial and mining products are divided into general products and special products. The so-called general products refer to industrial and mining products that can usually be used in various industries, such as ordinary steel, cement, chemical materials, automobiles, machine tools, tools, daily necessities, Wujijiaodian, etc. Special products are industrial and mining products produced for a specific purpose based on the production technical requirements of a certain industry, from product design to process flow and manufacturing methods. Such as metallurgical equipment, chemical equipment, etc. In addition, products produced in accordance with the technical drawings, samples, and technical conditions proposed by the purchaser are only suitable for the needs of the unit and should be regarded as special products. Purchase and sale contracts for general-purpose products and special-purpose products have different performance requirements and liquidated damages penalties. Therefore, when signing a contract, attention should be paid to distinguishing whether the subject matter of the contract is a general-purpose product or a special-purpose product.
Sixth, product technical standards and quality standards must be clearly agreed upon, and the implemented technical standards and quality standards must be listed. The performance must be strictly carried out in accordance with the agreed or legal standards. Legal standards must not be selected and adopted arbitrarily, but must be selected and applied in the prescribed order. It is necessary to clearly stipulate in accordance with the provisions of Article 7 of the "Regulations on Purchase and Sale Contracts of Industrial and Mining Products" promulgated by the State Council: the technical standards (including quality requirements) of products shall be implemented in accordance with national standards if there are national standards; if there are no national standards, there shall be professional (ministerial) standards. If there are no national standards or professional (ministerial) standards, they shall be implemented according to enterprise standards. It is necessary to specify in the contract which standard shall be implemented, and the name of the standard cited, product code and serial number shall be stated. If there is no unified standard, or if there is a standard but the buyer has special requirements, the standard should be clearly stated in the contract according to the standard negotiated by both parties.
Seventh, regarding the quality requirements for the subject matter of the contract, the "conditions and period under which the supplier is responsible for quality" should be clearly stipulated when signing the contract. That is to say, it stipulates what responsibilities the supplier should bear when any quality problems occur in the product; under what circumstances it can not be held responsible. The period and starting date of responsibility for the supplier should also be stipulated, for example, the warranty period is one year, starting from the date of delivery, etc.
In addition, the quality clauses of the contract should stipulate the conditions of quality assurance, the time limit and the handling methods after quality disputes arise.
Eighth, the quantity of the product should be expressed in a unified national standard unit of measurement. If there is no unified unit of measurement, the method of expressing the quantity of the product shall be determined by both parties, but it must be specific and clear, and must not be used in vague terms. The measurement concept expression, such as one piece, one box, one dozen, etc., should be explained in detail on the measurement method used by both parties, such as the expression of one piece, one box, one dozen, etc., and the specific number of products included.
For certain products, when necessary, the positive and negative tail balance of the delivery quantity issued by the relevant competent authority (to be agreed upon by the parties if not specified by the competent authority), the reasonable poundage difference and the natural weight in transit should be stated in the contract. Regulations and calculation methods for reduction (increase) amounts. Pay attention to clarify the legal concepts of overpayment, underpayment and full delivery. During the performance of the purchase and sale contract for industrial and mining products, due to various reasons such as transportation, measurement, nature, and the performance of the product itself, differences and inconsistencies may sometimes occur between the number of shipments, the number of actual acceptances, and the number of deliveries stipulated in the contract. Phenomenon. At this time, only those who comply with the pound difference and increase or decrease range stipulated by law can be punished for paying less, paying more, or delivering the full amount. Usually such legal provisions are within the scope specified by the relevant competent authorities.
Ninth, for product packaging, the contract should indicate the packaging method, such as bags, boxes, bottles, barrels, etc., and the materials used for packaging, such as paper bags, Plastic bags or sacks, etc., whether it is inner and outer packaging or single-layer packaging, etc., how many layers are there for inner and outer packaging, and what materials are used for each.
Tenth, clearly stipulate the delivery method, delivery period, delivery address and consignee. When specifying the delivery method in the contract, it should indicate whether it is freight forwarding, self-pickup, or door-to-door delivery. For the arrival location, pay attention to the province, city, and which station, terminal, square, etc. where you are arriving. Do not write vaguely or generally. Regarding the delivery (delivery) period, please note the monthly delivery (delivery) quantity. Products with special requirements and seasonal and time-sensitive products must have more specific deadlines.
Part 2 of the sales contract about the product
Supplier: Contract number:
Demander: Signing place: Signing time: Year, month, day
1. Product name , trademark, model, manufacturer, quantity, amount, delivery time and quantity
____________________________________
(The above content can be filled in according to the form of the model text developed by the State Administration for Industry and Commerce, or Can be expressed directly in words)
____________________________________
2. Quality requirements, technical standards, conditions and deadlines for suppliers to be responsible for quality
____________________________________
3. The method of delivering (picking up) the goods
____________________________________
4. The mode of transportation and the cost of the destination (port)
____________________________________
p>5. Reasonable loss and its calculation method
____________________________________
6. Packaging standards, supply and recycling of packaging materials
____________________________________
7. Acceptance standards, methods and time limit for raising objections
____________________________________
8. Quantity and supply method of random spare parts, accessories and tools
____________________________________ < /p>
9. Settlement method and term
____________________________________
10. Guarantee
____________________________________
11. Liability for breach of contract
____________________________________
12. Methods of resolving contract disputes
____________________________________
13. Other agreed matters
< p> ____________________________┌──────────┬──────────┬──────────┐
│ ││Unit address: │Unit address: │Person in charge: │
│Legal representative: │Legal representative: │Authenticating (public) certification authority│
│Agent: │Agent: │(Chapter) │Telephone: │Telephone: │Year, Month, Day│
│Telegram registration: │Telegram Registration: │〔Note: Unless otherwise specified by the state│
│Account opening bank: │Account opening bank:
│External, the authentication (public) certification is done by yourself│
│Account number: │Account number: │Principle of willingness〕 │
│Postal code: │Postal code: │ │
└───────────┴────────────┴────────────┘
2. Description< /p>
The purchase and sale contract for industrial and mining products is a form of purchase and sale contract. It is a contract with industrial and mining products as the subject matter of the purchase and sale contract. The above format is a model text developed by the State Administration for Industry and Commerce. Part 3 of the sales contract about the product
Seller (Party A): _________
Buyer (Party B): _________
Party A and Party B act in good faith Based on the principles of equality and mutual benefit, the following sales contract was signed after fair negotiation and is hereby abided by.
The first subject matter
1. Product name: _________ Trademark: _________ Specifications/Model: _________ Country of Origin: _________Manufacturer: _________
2 . Transaction quantity: _________
3. Unit price: _________ Total price: _________
4. Quality
(1) The overall quality and performance standards that should be met , adopt the following item ________:
a. In accordance with national mandatory standards or guiding standards: _________ implemented
b. In accordance with international standards: _________ implemented
< p> c. Execute in accordance with industry standards: _________d. Execute in accordance with sealed sample standards
e. Negotiate and agree that the quality reaches the following level: _________
( 2) The quality and performance standards or parameters of the following parts are
Part a: _________ Quality standards or parameters: _________
Part b: _________ Quality standards or parameters: _________
5. The overall operation performance of the product should reach the following level:
The operation of the following components should reach the following level:
Component a: _________ Operation level: _________
< p> Part b: _________ Operation level: _________6. The overall technical performance standard of the product is:
The following parts use the following technology:
Part a: _________ Technology adopted: _________
Component b: _________ Technology adopted: _________
7. Product function
8. Safety performance
Yes Impact on the environment: _________
Impact on the operator: _________
Data security: _________
Safety label: _________
Party A Provide Party B with detailed technical information. The technology used in the product and its components should be consistent with what is shown in the information.
9. Packaging method
Moisture-proof requirements: _________
Sun-protection requirements: _________
Earthquake-resistant requirements: _________
Dust prevention requirements: _________
Outer packaging label requirements: _________
Aesthetic requirements: _________
Second transportation
Transportation Handler: _________
Party responsible for transportation costs: _________
Transportation method: _________
Origin point: _________
Arrival point : _________
Carrier: _________
Article 3 Delivery
Both parties shall complete the delivery in accordance with the following _____________ method
( 1) Party A delivers the goods to the first carrier and obtains the documents for picking up the goods. Party A delivers the documents for picking up the goods to Party B and the delivery is completed.
(2) Delivery is completed when Party B receives the goods and completes acceptance.
(3) Party B will pick up the goods by himself. Once the goods are picked up and loaded on the truck (ship), the delivery will be completed.
(4) In addition to the above methods, the agreement is: _________.
Party A shall complete the delivery before _________day, _________month, _________year.
Article 4 Risk Transfer
The risk of damage or loss of the goods shall be borne by Party A before delivery and by Party B after delivery. The burden of this risk does not affect claims for breach of contract liability and product infringement liability. < /p>
(2) Before the payment is fully settled, Party A retains ownership of the goods equivalent to the value of the unsettled payment. The specific implementation method will be negotiated separately
Article 6 Inspection
Complete the inspection within ________ days after the delivery of the goods. If Party B has any objections to the quality, it shall submit them in writing to Party A within ________ days, and properly keep the goods with quality defects pending negotiation.
Inspector: _________
Inspection technical means: _________
Inspection method: _________
Inspection qualification standards: _________
Article 7 Remedial measures for substandard products
After inspection, if the product quality qualification rate is more than _________%, Party A can take the following remedial measures for unqualified products: request return, request Repairs and replacements are required at the _________ party's expense.
After inspection, if the product quality qualification rate is below _________%, Party B has the right to terminate the entire contract or the unqualified part. If Party B only terminates the unqualified part, the rest of the contract will be valid.
Article 8 Payment of goods
Payment method: _________ (bank transfer, check, cashier's check, money order, cash, etc. can be agreed upon)
Payment terms : _________(payment conditions can be agreed to prevent risks)
Payment time or period: _________
Payment place: _________
Article 9 Guarantee
Party B shall pay the deposit of _________ yuan before _________ day of _________ month of _________ year.
Article 10 After-sales Service
Party A is responsible for the installation, debugging, and technical training of the product. The costs shall be borne by the _________ party. These tasks should be completed in _________year________ Completed before _________.
Maintenance within _________(time) after the product is officially put into use shall be the responsibility of _________ party, and the cost shall be borne by _________ party. The supply of tools and accessories shall be provided by _____________, and the costs shall be borne by _________.
The product upgrade matters are agreed as follows:
Article 11 Intellectual Property Rights Agreement
Article 12 Liability for Breach of Contract
Party A Liability for failure to perform: _________
Liability for Party A’s delay in delivery: _________
Liability for Party A’s defective performance: _________
Other liabilities for breach of contract:
Liabilities that Party B cannot bear for performance: _________
Liabilities that Party B shall bear for delay in acceptance: _________
Liabilities that Party B shall bear for defective performance : _________
Party B’s liability for delay in delivery of payment: _________
Other liability for breach of contract:
Article 13 Disclaimer
Party A is exempted from corresponding breach of contract or tort liability when the following circumstances occur:
Situation a: _________ Exemption from liability: _________
Situation b: _________ Exemption from liability: _________
Party B is exempted from corresponding breach of contract or tort liability when the following circumstances occur:
Situation a: _________ Exemption from liability: _________
Situation b: _________ Exemption from liability: _________
Article 14 All claims and debts under this contract shall not be transferred to a third party without the consent of the other party, otherwise the other party may directly terminate the contract.
Article 15 The explanation of the special vocabulary in this contract regarding the product itself and the technical aspects of its use shall be specifically explained in an attachment issued by Party A.
The attachments are determined before this contract is signed and become part of this contract.
Article 16 Insurance
The _____________ party shall apply for _________ insurance on the subject property from _________ insurance company before _____________, and the insurance premium shall be paid by _________ party's burden.
Article 17 According to the legal provisions, this contract will take effect after being reviewed and approved by _________, and the _________ party shall submit an application to _________ before _________, month, _________, year _________, It will take effect on the date of approval.
According to the legal provisions, this contract does not need to undergo state administrative approval, and the contract will take effect in the following _________ method:
(1) The mortgagor and Party A sign and seal the contract Take effect.
(2) This contract will take effect upon being notarized by the ________ notary office. The notary fees shall be borne by _________ party.
(3) This contract will take effect on _________month____________year. Part 4 of the sales contract about the product
Buyer: (hereinafter referred to as Party A)
Seller: (hereinafter referred to as Party B)
According to the "People's Republic of China ***" In accordance with the provisions of the Contract Law of the People's Republic of China and other relevant laws and regulations, Party A and Party B enter into this contract by consensus on matters related to the purchase and sale of diesel on the basis of equality, voluntariness, fairness and good faith.
1. Delivery time:
Subject to Party A’s notification.
2. Supply price:
According to the market price, but it must be guaranteed to be lower than the market price of 0.16 yuan per liter. If the price of diesel oil is adjusted as the market rises or falls, Party B shall promptly report in writing and adjust the corresponding price.
3. Unloading location and requirements:
After Party A notifies Party B to deliver oil, Party B must deliver the diesel to Party A in the quantity required by Party A within the time designated by Party A. Refuel the construction machinery at the location designated by Party A to ensure the normal operation of Party A’s machinery.
4. Quality standards:
The diesel provided by Party B to Party A must meet national standards. If the quality of Party B's diesel is not up to standard, causing Party A to delay production or even stop production, all related losses will be borne by Party B.
5. Settlement method and payment method:
Party B will reconcile with Party A on the 5th of every month to check the total amount and amount of refueling last month and the remaining amount. After verification, both parties will form a settlement form and sign and seal it. After the reconciliation is completed, Party B will issue a special value-added tax invoice to Party A within 7 days. Payment is then transferred by check or wire transfer as appropriate.
6. Other responsibilities:
1. Party A must notify Party B of the oil delivery time in advance and ensure the safety of the oil unloading area.
2. Party A needs to provide reserve oil tanks and ensure smooth base roads.
3. During the transportation of diesel, all accidents such as loss of safety and so on shall be borne by Party B, and Party A shall not be jointly and severally liable for this.
4. Party B should cooperate with Party A in the spirit of long-term cooperation, ensure the long-term stability of supply, and ensure Party A’s supply when diesel is tight, so that Party A’s vehicles and production During normal operation, if Party A discovers that there is a quality problem with the diesel fuel provided by Party B, Party A has the right to require Party B to compensate for the corresponding losses after it is verified to be true.
5. Party B must deliver goods in time according to the time required by Party A. In case of tight supply of diesel, Party B should first ensure Party A’s supply of diesel. Party B will be responsible for all related losses caused by Party B's lack of oil supply or untimely oil supply that causes Party A to delay production or stop production.
7. Resolution of contract disputes:
Disputes arising during the performance of this contract shall be resolved through negotiation between the parties; if negotiation or mediation fails, they shall be transferred to the local people's court for mediation.
8. Other agreed matters:
1. All attachments to this contract are an integral part of this contract.
2. This contract shall take effect after being signed and sealed by the authorized agents of both parties. Both parties agree that the fax copy of this contract shall have the same legal effect as the original.
3. This contract is made in four copies, three copies for Party A and one copy for Party B.
Party A:
Party B:
Part 5 of the Sales and Purchase Contract for Products dated ______year____month____
Supplier: Guangxi ___ Co., Ltd. (hereinafter referred to as Party A)
Demander: Guangxi ___ Co., Ltd. (hereinafter referred to as Party B)
According to the "People's According to the provisions of the Contract Law of the People's Republic of China, Party A and Party B, based on the principles of equality, voluntariness, honesty and trustworthiness, have reached an agreement on Party A's supply to Party B, and hereby sign this contract, and *** agree to abide by and implement it.
1. Supply content:
In order to meet the progress of the company's engineering construction, Party B needs to purchase PE water supply pipe fittings and PVC drainage from Party A starting from February 12, 20__ Pipe fittings, PVC wire conduits and accessories.
Pricing method:
The price of each batch of pipes is 30% lower than the manufacturer's quotation.
Quality standards:
Party A must provide water supply and drainage pipes in accordance with national quality requirements:
When the project requires special requirements, Party B shall separately propose them. It shall be carried out in accordance with the technical conditions, samples or supplementary technical requirements agreed upon by Party A and Party B in the contract.
2. Supply method:
1. Within the day of signing the contract, Party B needs to provide Party A with materials related to the project pipe usage plan as the basis for Party A to formulate the pipe supply plan.
2. Party B is designated as the receiver of Party B’s goods and is responsible for all on-site pipe handover work by Party A. Before the pipes enter the site, Party B must hand over to Party A a copy of the designated goods recipient’s ID card (stamped with Party B’s official seal), a sample signature of the goods recipient, and the corresponding Party B power of attorney (stamped with Party B’s official seal).
3. During the construction period, Party B will make a detailed demand list of the product names, specifications, varieties and quantities required for the actual construction. The demand list (with the official seal of Party B) will be submitted in writing the day before shipment. Notify Party A.
4. Within 2 hours after the supplied materials arrive at the construction site designated by Party B, the recipient of Party B’s goods will inventory and check the unit price, specifications, quantity and weight of the pipes received according to the demand list and delivery list. , if the recipient of Party B's goods finds that there is an error during verification, he shall immediately notify Party A, and Party A will send personnel to re-check on site.
5. After Party B has verified that the materials provided are correct, the recipient of Party B’s goods shall sign on Party A’s delivery list to accept the goods on the spot, and issue the warehouse entry and exit orders, warehouse entry and delivery orders for the batch of goods. The order serves as the basis for settlement between both parties.
3. Acceptance method:
1. Party A shall provide the original or copy of the corresponding manufacturer's quality certificate according to the batch of pipes.
2. Within 24 hours of the arrival of the pipes, Party B must conduct sampling tests on the pipes in accordance with the relevant regulations on quality supervision. The results shall be subject to the second re-inspection; if any problems are found during the initial inspection, Party B shall notify Party A within 24 hours. Party A shall participate in the re-inspection and keep the on-site pipes properly; if Party A fails to participate in the re-inspection within 24 hours after receiving the notice, it will be deemed as acquiescing to the objections and legitimate opinions raised by Party B.
3. The inspection period is seven days after the pipes enter the site; if the pipes enter the site more than seven days and Party B does not have valid test results and reports quality problems to Party A in writing, Party A has the right to regard the batch of pipes as qualified. . When the pipes on site are tested to be qualified, Party B shall notify Party A of the test results. The relevant testing costs shall be borne by Party B. If the test fails, the cost of the test shall be borne by Party A.
4. Party A is not responsible for any quality problems caused by Party B’s improper use, storage and maintenance of pipes.
4. Payment responsibility: If there is a bank acceptance draft, the interest rate will be discounted based on the market.
All payments for the month must be settled before the 25th of each month. Party B is not allowed to request goods from other suppliers midway. If Party B does this, Party B must pay 10% of the total project price as liquidated damages to Party A.
5. Relevant responsibilities:
1. Party B returns goods midway and refuses to accept goods due to non-quality problems. Then Party B shall pay Party A a liquidated damages of 10% of the payment for the batch of pipes, and Party A has the right to terminate the contract and stop supply. If there is no quality problem, the product will be returned midway or refused to accept the goods.
2. When changing the delivery location, Party B shall notify Party A 7 days before delivery and obtain Party A’s consent.
3. To change the consignee, Party B shall notify Party A in writing 7 days before delivery. Before delivery, Party B shall submit a copy of the new consignee's ID card and Party B's authorization letter to Party A. square.
4. If Party A is unable to deliver the goods within the time limit stipulated in the contract, Party A shall pay Party B a liquidated damages of 5% of the total value of the goods that cannot be delivered.
5. For pipes that fail to pass the re-inspection, Party B shall notify Party A of the results within the testing period. If Party B agrees to use them, the price will be determined based on the quality.
6. Party B’s overdue payment shall be deemed as Party B’s breach of contract, and Party A shall have the right to terminate the contract and stop supply. Party B shall pay Party A a daily penalty of five thousandths of the amount owed for the goods.
6. Force majeure:
When either party is unable to perform the contract due to the impact of force majeure, it shall promptly notify the other party of the contract of the reasons for the inability to perform or the inability to fully perform. After obtaining the relevant supervisor After certification by the agency, delayed performance, partial performance or non-performance of the contract may be allowed, and liability for breach of contract may be partially or completely exempted depending on the circumstances.
7. Ways to resolve contract disputes:
Both parties agree that disputes arising during the performance of this contract shall be resolved through negotiation between the parties. If the two parties are indeed unable to reach an agreement through negotiation, they may File a lawsuit with the People's Court.
8. The payment for goods, liquidated damages, compensation, storage and maintenance fees and various economic losses that should be paid according to the provisions of this contract shall be settled according to the settlement method specified by the bank within 3 days after the liability is clarified or the contract is terminated. Pay in full, otherwise it will be treated as overdue payment.
9. Other terms:
The cost of using pipes is about 10,000 yuan.
This contract will take effect from the date of signing. During the execution period of the contract, neither party may change or terminate the contract at will.
If there are any matters not covered in the contract, supplementary provisions shall be made through mutual negotiation between the parties to the contract. The supplementary provisions shall have the same effect as this contract.
The original and duplicate of this contract are in duplicate, with each party holding one copy.
Supplier: (Chapter) Purchaser: (Chapter)
Party A: Guangxi __ Co., Ltd. Party B: Guangxi __ Co., Ltd.
Representative: Representative:
Signing date: __month__day, 20__