The risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties. Do you know what the contract is like now? Here I would like to share with you some selected contracts for the sale of factory equipment, hoping to help you.
Selected Terms of Factory Equipment Sales Contract 1 Supplier: (hereinafter referred to as Party A)
Demander: (hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, both parties sign this sales contract on the principles of equality, voluntariness, fairness and mutual benefit:
Article 1: Quantity, specification, price and delivery time of the subject matter.
The delivery (delivery) time is165438+120__ years before October 30th.
Article 2: The ownership of the subject matter shall be transferred upon delivery.
Article 3: Place of delivery: Buyer's factory.
Article 4: Mode of transportation and arrival station (port) and expenses: the freight shall be borne by the buyer, and the supplier shall find a car and bear all expenses before the goods arrive at the buyer's factory.
Article 5 Settlement methods: Cash on delivery, cash settlement. Prices will rise and fall with the prices of steel mills. At the end of the month, the price of steel mills will only increase by 50 yuan per ton, and payment will be made after the goods arrive. If the Buyer delays payment, it shall pay a penalty of 0.3 ‰ of the total overdue payment every day. (All preferential policies given by steel mills to suppliers should be enjoyed by suppliers)
Article 6: The quality and technical conditions shall meet the manufacturer's current standards; Time limit for product objection: within one month after the buyer receives the goods; If the buyer can't use it normally, the buyer has the right to request a return or exchange, and submit written and physical certificates, which will be reported to the manufacturer, and then the steel mill will assist in handling and compensating for the losses.
Article 7: The weighing method and delivery tolerance shall conform to the current regulations of the manufacturer and shall not exceed three thousandths of the increase or decrease clauses.
Article 8: Conditions for rescission of the contract: All the goods from the supplier arrive at the factory of the buyer, and the contract will be terminated after the payment is paid.
Article 9: Liability for breach of contract: The breaching party shall bear all the responsibilities.
Article 10: Settlement of contract disputes: Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation or mediation fails, a lawsuit shall be brought to the plaintiff's people's court.
Article 11: This contract is made in duplicate, one for each party, and shall come into effect as of the date of signature.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Factory Equipment Sales Contract Part 2 Buyer (Party A): AgreementNo.:
Seller (Party B): Date of signing:
Through friendly negotiation, both parties reached the following agreement on purchasing office supplies and consumables from Party B:
1. Party A, the subject of this contract, purchases office supplies and consumables from Party B. See Party A's monthly purchase order for details, and Party B provides services such as delivery and after-sales return to Party A free of charge.
Second, the supply price
1. Party B shall provide Party A with the lowest preferential price among the goods of the same model. See the list for specific prices.
2. The price adjustment can only be implemented with the written consent of Party A. ..
3. Delivery time: Generally, the delivery time is one working day or the time required by Party A in the order. If Party A has an urgent order for goods, the ordered goods will be delivered to the designated place in the shortest time.
Four. After the quantity of office supplies is delivered to Party A, Party A and Party B shall jointly count the quantity. In case of quality problems in use, Party B shall still be responsible for replacement or return, or give price discounts according to Party A's requirements. V. Payment Method Within working days after the end of each month, Party B shall provide invoices and delivery notes signed by Party A according to the actual amount incurred last month, and settle them once a month after confirmation by Party A. ..
Quality assurance of intransitive verbs Party B guarantees that all the goods provided are original products, and no substitutes are allowed. The quality meets Party A's requirements and relevant quality standards. Otherwise, Party A has the right to return the goods.
Seven. Other services Party B shall provide a valid contact person and telephone number. If there is any change, Party B shall inform Party A in time.
Eight. Liability for breach of contract. If Party B fails to provide the goods within the specified time or the goods provided are defective, it shall bear it every time.
Yuan's liability for breach of contract, and compensate for the losses caused to Party A. ..
Nine. Good faith clause Party B shall not entertain guests, give gifts or secretly give kickbacks, commissions, securities, goods or other benefits to Party A's employees and their relatives for business, settlement and other matters, otherwise, regardless of the amount, Party B shall bear10,000 RMB or% of the total business between Party B and Party A (whichever is higher). Party A also has the right to terminate the contract.
X. Other agreements
1. Any dispute arising from the execution of this Agreement shall be settled by both parties through friendly negotiation. If negotiation fails, it shall be submitted to the court where Party A is located.
2. This agreement shall come into force as of the date of affixing the official seal of the company (including the contract seal of the company), and the validity period shall be one year; This agreement is made in duplicate, with the same legal effect.
Party A: Party B:
Company address: Company address:
Authorized representative: authorized representative:
Fax: Fax:
Tel: Tel:
Signing place:
Signature time:
Based on the principles of fairness, honesty and credibility, both parties have reached an agreement on the following terms.
I. Products and prices
; Unless otherwise specified, all monetary amounts in the text of this contract due to future planning or design changes shall be in RMB.
Second, the contract comes into effect.
This contract shall come into effect after being signed and sealed by both parties and receiving the contract deposit.
Third, the payment.
1 within 3 days after the signing of the contract, the buyer shall pay a down payment of 3% of the total equipment price, that is, RMB yuan, and the contract shall come into effect after the payment is made to the seller's account. This fee will be kept until the first product plan and will be automatically converted into planned payment.
The buyer shall, according to his own needs, notify the seller in writing of the products to be ordered three months before delivery (according to the elevator number and building number in the table), and at the same time remit 30% of the total price of the products and equipment to the seller's account as advance payment, and the seller will arrange production after confirming the payment. When both parties agree to deliver the goods, the buyer will remit 70% of the payment for the scheduled products and the full transportation insurance premium to the seller's account, and the seller will deliver the goods after receiving the payment.
If the buyer pays by cashier's check, the seller will deliver the goods on the same day after receiving the cashier's check; If payment is made by bank draft or check, the seller will deliver the goods within three working days after the bank confirms the payment.
If the buyer fails to pay off the payment within 60 days after the delivery date of the products agreed in this contract, the seller may regard it as the buyer's automatic return and notify the buyer in writing, or ask the buyer to continue to perform this contract.
According to the provisions of circular no. State Taxation Administration of The People's Republic of China (95) No.088 stipulates that if products are sold directly to product users, the seller will not issue VAT invoices, but ordinary invoices. If the buyer needs to issue a VAT invoice, the name and address of the product user must be stated in the contract when ordering. Equipment payment invoices are issued by, and transportation insurance invoices are issued by transportation companies and insurance companies.
Four. date of delivery
1 The seller shall deliver each batch of products to the buyer within 90 days after receiving the payment, progress notice and technical specification confirmation stipulated in the contract.
If the seller fails to receive the advance payment within a certain period of time, or both parties fail to confirm the technical specifications and design of the products, the delivery date of the seller will be extended according to the time of receiving the advance payment or the time of confirming the technical specifications and design of the products, whichever is later.
Verb (abbreviation for verb) delivery place
No.811Jiangchuan Road, Minhang, Shanghai.
Delivery mode of intransitive verbs
The seller will handle the consignment and transport it to the buyer's site by road: "Project site.
Seven, product packaging
1 The seller guarantees that the products meet the requirements of normal transportation and the packaging is reasonable.
After receiving the contract products, the buyer shall take corresponding storage measures against rain, moisture, theft and strong light to prevent any damage, loss and damage.
Eight, product quality assurance
1 the seller guarantees that the contract products meet the product specifications and business design drawings confirmed by both parties, and the delivery is accompanied by the product factory certificate.
2 "The trademark elevator products in this contract are manufactured according to GB7588-20_" Safety Code for Elevator Manufacture and Installation "; Escalators and moving sidewalks are manufactured according to GB 16899-20_ "Safety Code for Manufacture and Installation of Escalators and Moving Sidewalks".
The warranty period of the products installed by the seller shall be 12 months from the date of acceptance by government departments, and shall not exceed 18 months from the delivery date agreed in the contract under the reasonable and normal storage and use of the buyer.
According to the State Council's Regulations on Safety Supervision of Special Equipment (Order No.373), the installation, modification and maintenance of elevators must be carried out by the elevator manufacturing unit or the unit entrusted by it and agreed in the contract. The buyer or user must sign a product installation contract with the seller, and the seller is responsible for the manufacturing and installation quality of the product.
5. The seller and the buyer or the seller and the product user signed a product installation contract. If the product installation contract cannot be performed or terminated normally due to reasons other than the seller's, the seller will not be responsible for the product installation acceptance and the running quality of the whole machine.
During the quality guarantee period, the seller is responsible for repairing or replacing the defects of the products free of charge, and the ownership of the replaced parts belongs to the seller, who will recycle them uniformly.
7 Before the product is put into use, the buyer shall carefully read the user's guide provided by the seller and the State Council's Regulations on Safety Supervision of Special Equipment (Order No.373) and abide by it.
In order to prevent waste printed circuit boards from entering the market and protect the interests of users, all elevator printed circuit boards must be replaced with old ones.
Nine, product quality acceptance
1 For the product specifications of this contract, please refer to the "Product Specification Table" confirmed by both parties (attached).
In addition to the installation of elevator products by the seller, the buyer shall make a written claim to the seller for product packaging damage or quantity shortage within one week after receiving the contract products, and attach valid proof of the above situation. If the buyer fails to file the claim notice, it shall be deemed that the product is well packaged and accurate in quantity, and the seller is no longer responsible for filling or replacing the defects.
After both parties perform the installation contract, the seller shall conduct the final quality acceptance according to the relevant national acceptance technical standards, and issue the product installation inspection report and product qualification certificate to the buyer.
X. liability for breach of contract
1 Except for force majeure, if the seller fails to deliver the goods within the time limit stipulated in the contract, or the buyer fails to make payment within the time limit stipulated in the contract, the breaching party shall pay liquidated damages for late delivery or late payment to the observant party, and the overdue part shall be calculated at the rate of four ten thousandths of the total payment every day. The above liquidated damages are the only foreseeable compensation that the defaulting party should pay for this kind of breach of contract, and the payment of such liquidated damages will not affect the defaulting party's continued obligations under the contract.
Except for force majeure, if the seller fails to deliver the goods, or the buyer returns the goods halfway or it is deemed as automatic return, the observant party has the right to choose to terminate the contract, and the defaulting party shall pay the observant party 30% of the total payment for the undeliverable part or the returned part as liquidated damages, and shall investigate the direct losses of the observant party exceeding the liquidated damages according to law.
XI。 others
1 If the buyer fails to pick up the contract products on the delivery date agreed in the contract, the seller can keep them for 30 days free of charge. From 3 1 day, the buyer shall pay the seller the storage fee at the following prices: Shanghai Mitsubishi brand for each 60 yuan and Japanese Mitsubishi brand for each 120 yuan, and the storage fee shall be paid before the seller delivers the goods. After the buyer pays the storage fee, the product quality guarantee period is extended.
The risk of the contract products shall be transferred from the date of delivery. However, in any case, if the buyer takes delivery of the goods without paying all the payment under this contract, the ownership of the products still belongs to the seller, and the buyer cannot transfer and dispose of them separately.
The contract price does not include the product installation fee. In order to comply with Article 17 of the State Council's Regulations on Safety Supervision of Special Equipment (Order No.373), both parties must sign a product installation contract with the number AZ- 1.
4 The options in this contract and its annexes are marked with "√" and "×". The "Product Specification Sheet" shall be signed by the authorized signatories of both parties and confirmed with official seals.
When signing this contract, if it is necessary to add or change the terms of the contract, both parties shall agree in the "agreed matters" and it will take effect after being signed and sealed by authorized signatories of both parties.
6. After this contract comes into effect, if it is necessary to change the original terms, both parties shall separately sign a "Contract Amendment", which will take effect after being sealed by both parties. 7 Product specification list, civil engineering technical requirements, business design scheme, entrusted transportation, insurance agreement, other agreed matters, contract modification, product samples and other agreements related to this contract are all annexes to this contract, which are an integral part of this contract and have the same effect.
If the buyer decorates the contract products by himself, the decoration design scheme shall be confirmed by the technical department of the seller. All consequences caused by unauthorized decoration without confirmation shall be borne by the buyer.
The original of this contract is in quadruplicate, and each party holds two copies.
10 In case of any dispute, both parties shall settle it through negotiation first. If negotiation fails, either party may bring a lawsuit to the people's court where the plaintiff is located according to law.
12. Unless otherwise agreed.
Selection of Factory Equipment Sales Contract 4 Buyer:
Address:
Legal representative:
Seller:
Address:
Legal representative:
In accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, and in line with the principles of equality and mutual benefit, equal value and compensation, the Contract is entered into by both parties through consultation.
Subject matter of Article 1
(1) Product name:
(2) Specification and model:
(3) Quantity:
Article 2 Quality and Technical Standards
(1) quality standard:
(2) Technical standards:
Article 3 Payment
(1) mode of delivery:
(2) Delivery time:
(3) Place of delivery:
Article 4 Price and Payment
(1) Contract Price:
(2) Payment method:
(3) Payment time:
Article 5 Packaging
Packaging standard:
(2) The packaging expenses shall be borne by the seller, unless otherwise agreed by both parties.
(3) If the packaging does not meet the standards or agreements, resulting in damage, loss or other consequences of the goods, the seller shall bear the corresponding responsibilities.
Article 6 Transportation
(1) Mode of transportation:
Place of delivery:
Arrival place:
Consignee:
(2) Cargo bearing:
(3) The seller shall bear the risk of damage and loss of the goods delivered to the carrier in transit.
(4) After the seller delivers the goods as agreed, the buyer changes the destination or consignee, and the expenses and risks arising therefrom shall be borne by the buyer.
Article 7 Insurance
(1) Insurance coverage:
(2) Insurance method:
(3) Insurance commitments:
Article 8 Acceptance and Installation
(1) Inspection and acceptance
Acceptance shall be based on the relevant requirements and standards agreed in this contract; The buyer shall conduct acceptance within the day after the arrival of the goods, and the acceptance result shall be signed by both parties for confirmation; If the buyer fails to accept the goods within the time limit, it shall be deemed as qualified. If the goods are unqualified after acceptance, the buyer shall notify the seller to replace the goods within days.
(2) Installation
1. The seller shall complete the installation and debugging of the goods (products) within the day after acceptance, meet the requirements and standards agreed in the contract, and ensure the normal operation of the goods (products). The Buyer shall provide necessary assistance and cooperation during installation and commissioning;
2. The installation work completely meets the contract requirements and standards, and the debugging is successful. Representatives of both parties will sign the installation completion book on site within days. However, it does not exempt the seller from the responsibilities he should bear during the installation, commissioning and quality guarantee period;
3. Complete the final acceptance of all goods after the joint transportation test completely reaches the agreed technical indicators and is signed and confirmed by the representatives of both parties;
4. In the process of installation and debugging, if the goods provided by the seller are defective or the goods of the buyer are damaged due to the guidance error of the seller's technicians or the technical data, drawings and descriptions provided by the seller, the seller shall take necessary remedial measures and compensate the buyer for the losses;
5. In the process of acceptance, installation and debugging, if there are differences between the two parties due to the installation technology and the quality of the goods, the seller shall bear the corresponding responsibilities.
Article 9 Quality Assurance
(1) Take% of the contract price as the quality guarantee; The warranty period is years from the date of acceptance of the goods. If there is no quality problem after the warranty period expires, the buyer shall pay it off without interest within one month.
(2) During the warranty period, if the goods are stopped due to the seller's responsibility, the warranty period shall be postponed according to the actual stop time. If the goods need to be replaced, the warranty period will be recalculated for the new goods;
(3) During the warranty period, if there are quality problems, the seller can't repair them free of charge according to the requirements of the buyer or the quality still does not meet the agreement after repair, the warranty money will not be refunded; The economic losses caused to the buyer shall be borne by the seller;
(4) The fact that the buyer sends someone or entrusts a third party to supervise the manufacture of the goods cannot replace or reduce the responsibility of the seller for the quality of the goods.
Article 10 Protection of rights
The seller shall ensure that the delivered goods do not infringe the rights of third parties.
Article 11 Obligation of confidentiality
Both parties shall undertake the obligation to keep confidential the business secrets known in this contract. Without the consent of the other party, it shall not be disclosed to a third party or used by itself in any form.
Article 12 Force Majeure
(1) Due to force majeure, such as natural disasters such as fire, earthquake, typhoon and flood, and other unforeseeable, unavoidable and insurmountable events, one or both parties affected by force majeure shall not be liable for breach of contract, but shall notify the other party within hours after the occurrence of force majeure and provide valid supporting documents to the other party the next day;
(2) One or both parties affected by force majeure are obliged to take measures to minimize the losses caused by force majeure.
Article 13 breach of contract
(1) The quality of the goods delivered by the seller does not conform to the agreement;
(2) The seller fails to deliver the goods on time and fails to deliver the goods within days after being urged;
(3) The goods delivered by the seller infringe the rights of a third party;
(4) The buyer refuses to accept the goods without justifiable reasons;
(five) the buyer fails to pay the payment as agreed without reason;
(6) The party unable to perform its contractual obligations due to force majeure fails to perform its reasonable notification obligations;
(VII) The Buyer and the Seller violate any obligation agreed in this Contract.
Article 14 Liability for breach of contract
(1) If the goods delivered by the seller do not meet the quality standards, the buyer has the right to demand the seller to pay the liquidated damages for the total contract price and compensate the economic losses caused to the buyer;
(2) If the seller fails to deliver the goods on time, the buyer has the right to demand the seller to pay the liquidated damages for the total contract price and compensate the buyer for the economic losses caused thereby;
(3) The seller guarantees that the delivered goods will not infringe the rights of a third party, otherwise it shall bear all economic losses caused to the buyer;
(4) If the buyer refuses the goods without reason or fails to pay the price as agreed in the contract, the seller has the right to require the buyer to pay the liquidated damages of the total contract price for each day overdue;
(5) If the party unable to perform its contractual obligations due to force majeure fails to perform its reasonable notification obligations, it shall pay liquidated damages to the other party and compensate the other party for the economic losses caused thereby; If the contractual obligations cannot be fulfilled due to force majeure, but both parties do their best, both parties will not bear the liability for breach of contract and economic losses;
(VI) After both parties bear the liabilities for breach of contract, they shall still perform the obligations agreed in this contract.
Article 15 Modification or rescission of a contract
(1) If the seller fails to deliver the goods on time and fails to deliver the goods within days after being urged, the buyer has the right to terminate the contract;
(2) If the quality of the seller's goods does not meet the requirements of the contract and the buyer fails to take necessary remedial measures as required, the buyer has the right to terminate the contract;
(3) If the goods delivered by the seller infringe the rights of a third party, the buyer has the right to terminate the contract;
(4) If the buyer refuses to accept the goods without justifiable reasons, the seller has the right to terminate the contract;
(5) If the buyer fails to pay the payment as agreed without reason, the seller has the right to terminate the contract;
(6) Both parties can modify or terminate the contract through consultation; The modification or termination of the contract shall be in written form;
(7) If the purpose of the contract cannot be achieved due to force majeure, either party has the right to terminate the contract;
(8) If the purchased and sold products need to be installed and debugged, the seller must complete the installation and debugging within days and train skilled operators for the buyer free of charge, otherwise the buyer has the right to terminate the contract.
Article 16 dispute settlement methods
In case of any dispute during the performance of this contract, both parties shall settle it through consultation; If negotiation fails, choose the following methods to solve it.
(a) to the people's court with jurisdiction.
(2) Submit to the Arbitration Commission for arbitration.
Article 17 Entry into force and termination of contract
This contract shall come into effect after being signed and sealed by the legal representatives of both parties or their authorized representatives. After both parties fulfill their contractual obligations, this contract will automatically terminate.
Article 18 Others
This contract is made in duplicate, one for the buyer and one for the seller, with the same legal effect. For matters not covered, a supplementary agreement shall be signed separately, which has the same legal effect as this contract.
Date of signing the contract: year month day.
Contract signing place:
Buyer (seal):
Legal representative or authorized representative (signature):
Contact telephone number:
Seller (seal):
Legal representative or authorized representative (signature):
Contact telephone number:
Bank and account number:
Factory Equipment Sales Contract Part 5 Seller: ContractNo.:
Place of performance of the contract:
Buyer:?
Article 1: Signing time:
Article 2: Subject matter, quantity, price and delivery (delivery) time.
Article 3: The conditions and time limit for the seller to be responsible for the quality: three guarantees by the company.
Article 4: Packaging standards, supply and recycling of packages: None.
Article 5: Random quantity and supply mode of required parts, accessories and tools: according to the company's equipment standards.
Article 6 Reasonable loss standard and calculation method: None.
Article 7: The ownership of the subject matter is transferred when the payment is made, but if the buyer fails to fulfill the obligation to pay the price, the subject matter shall be owned by the company.
Article 8: Delivery (pickup) method and place: pickup within the company.
Article 9: Mode of transportation, arrival station (port) and expenses: the buyer shall take care of himself.
Article 10 Inspection standard, method, place and time limit: None.
Article 11: Installation and debugging of complete sets of equipment: technical guidance and debugging.
Article 12: Method, time and place of settlement: After the contract is signed, the company will take delivery of the goods after the contract money is paid in full.
Article 13: Guarantee method (guarantee contract can also be signed separately): None.
Article 14: Conditions for dissolution of this contract: dissolution after completion of performance.
Article 15: Liability for breach of contract: The breaching party shall bear the responsibility, and both parties shall guarantee the performance of the contract. If the contract is unilaterally terminated, the breaching party shall compensate the other party for 65,438+00% of the contract amount.
Article 16: Settlement of Contract Disputes: Disputes arising during the performance of this contract shall be settled by both parties through consultation; It can also be mediated by the local administrative department for industry and commerce; If negotiation or mediation fails, a lawsuit shall be brought to the people's court according to law. Article 17: This contract shall come into force as of the date of signing.
Article 18: Other agreed matters: None.
Seller and buyer
Seller: domicile: seller: domicile: legal representative: entrusted agent: legal representative: entrusted agent: telephone: fax: telephone: fax: bank of deposit: bank of deposit:
Account number: Account number:
Postal code: