Midea Purchase and Sales Contract
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Midea Purchase and Sales Contract 1
Purchaser (Party A): Contract number:
Supplier (Party B): Place of signing:
After friendly negotiation, Party A and Party B have reached the following agreement on the installation and use of the air conditioners purchased by Party A in the exhibition hall of Yangzhou Sinopec Yizheng Chemical Fiber Co., Ltd.:
2. Settlement method and period: 30 days will be paid upon signing the contract. % deposit, equipment will arrive within 1 day, full payment required.
3. Installation requirements and deadline for raising objections to the installation quality: Within ten days from the date when Party B notifies Party A to accept the project, Party A is responsible for organizing the acceptance of the project, otherwise the project will be deemed to be qualified.
4. The project installation location is Yangzhou Yizheng Chemical Fiber, and Party B will transport it to the installation location free of charge. Installation time: - - Ending time: - -
5. Warranty period: Party B promises to implement a six-year warranty for the installed air conditioners, embedded, duct units, seven-horsepower cabinet units, ten-horsepower The cabinet machine is guaranteed to be repaired for two years, and the service hotline is available. Note: Damage or failure caused by force majeure, Party A’s poor working environment, or Party A’s unauthorized repairs are not covered by the warranty.
6. Party A promises that the air conditioner purchased by Party B will only be used within the scope of installation and use specified in the contract. It shall not be installed in areas other than those specified in this contract without Party B's permission. Otherwise, Party B has the right to seek compensation from Party A. Liquidated damages.
7. Methods for resolving contract disputes: The parties shall negotiate to resolve the dispute or implement it in accordance with the Contract Law.
8. This contract is made in triplicate, of which Party A and Party B each retain one copy, and Midea Air Conditioning retains one copy.
9. Other agreed matters: (Party B is responsible for losses caused by air-conditioning equipment and installation quality problems)
1. Party A is responsible for clearing obstacles on the construction site before Party B starts construction. materials so that the site has construction conditions. 2. Before Party B's construction, Party A must connect the power supply to the location designated by Party B for installing the indoor and outdoor units of the equipment. During the construction process, if there is any need to report to quality inspection, fire protection, environmental protection, property management, government and other relevant departments for confirmation, Party A will be responsible for handling it and bear the relevant costs.
3. Party A shall participate in the supervision of project quality and construction progress.
4. Party A is responsible for the on-site acceptance of air-conditioning equipment and ancillary materials and project completion acceptance, and is responsible for protecting the on-site materials and equipment after installation to prevent theft and damage.
5. Party A should coordinate the cooperation between Party B and other majors such as decoration construction, otherwise Party A will bear the coordination costs incurred.
6. Party B will provide free maintenance for old air conditioners from the original factory. The material costs incurred shall be calculated by Party A on an actual basis.
Party A’s unit name: Party B’s unit name:
Authorized agent: Authorized agent:
Contact number: Contact number:
Date of contract signing: - - Date of contract signing: - - Midea Purchase and Sales Contract 2
Purchaser (Party A): Contract number:
Supplier (Party B): Signed Location:
1. After friendly negotiation, Party A and Party B have reached the following agreement on the installation and use of Midea air conditioners purchased by Party A:
2. Warranty period: Party B promises to Install Midea air conditioners and provide repair guarantees.
Note: Damage or failure caused by force majeure, Party A’s poor working environment, or Party A’s unauthorized repairs are not covered by the warranty.
3. Project installation location: Languifang Foot Bath, Juchao Road.
4. Transportation methods and cost burden:. 5. Charge standards for piping, openings and brackets (referring to parts beyond the original factory configuration):
6. Installation requirements and deadline for raising objections to the installation quality:.
Note: Within ten days from the date Party B notifies Party A to accept the project, Party A is responsible for organizing the acceptance of the project, otherwise the project will be deemed to be qualified.
7. Settlement method and deadline:.
8. Party A shall not use the purchased air conditioner for secondary sales or transfer it to other uses without the consent of Party B. If it causes market chaos to Party B, it will be responsible for compensation.
Party B proposes the corresponding losses caused thereby.
9. The price of this contract is valid for one month from the date of signing. If it exceeds one month, the price of the contract will become invalid.
10. If a guarantee is required, a separate contract guarantee shall be drawn up as an attachment to this contract:
11. Liability for breach of contract: .
12. Methods of resolving contract disputes: .
13. This contract is made in 3 copies, of which Party A will keep 1 copy, Party B will keep 1 copy, and Midea Air Conditioning will keep 1 copy.
14. Other agreed matters:
Name of Party A’s unit: Name of Party B’s unit:
Authorized agent: Authorized agent:
< p>Contact number: Contact number:Contract signing date: Year month day Contract signing date: Year month day Further reading: Precautions for purchase and sale contract
Purchase and sale contract is a sale and purchase The modified form of the contract is basically consistent with the requirements of the sales contract. It mainly refers to an agreement between the supplier (seller) and the demander (buyer) based on consensus, the supplier will deliver a product to the demander, and the demander accepts the product and pays the price as specified. What matters should be paid attention to when signing a purchase and sales contract?
1. Product name, trademark, specification model, manufacturer, unit of measurement, quantity, unit price, amount, delivery time and quantity and other specific matters to note< /p>
1. The name must be filled in correctly, do not write a customary name or self-named.
2. For products that use brands or trademarks, the brand, trademark and manufacturer should be specifically stated.
3. For specifications and models, refer to the corresponding material catalog and equipment catalog.
4. The product quantity and measurement method shall be implemented in accordance with the measurement method prescribed by the state or the competent department; if there is no provision, the measurement method agreed upon by both parties shall be implemented.
5. The price and amount shall be agreed upon by the parties through negotiation, except where the state stipulates that state pricing must be implemented. If national pricing is implemented, when the national price is adjusted within the delivery period specified in the contract, the price at the time of delivery will be used. For overdue delivery, if the price rises, the original price will be used; if the price drops, the new price will be used. If the loan is overdue or the payment is overdue, when the price rises, the new price will be applied; when the price drops, the original price will be applied;
6. The supply period can be agreed in the contract. Generally speaking, for picking up the goods, the date of pickup notified by Party B shall prevail (Part A shall be given the necessary transit time), for consignment, the delivery date shall be based on the carrier, and for delivery, the delivery date shall be the destination.
7. Delivery in batches can be agreed upon.
2. Quality technical standards, conditions and deadlines for suppliers to be responsible for quality
If there are national mandatory standards or industry mandatory standards, they shall not be lower than the national mandatory standards or industry mandatory standards. Mandatory standards are signed; if there are no national mandatory standards or industry mandatory standards, they must be signed through negotiation between the two parties. The supplier must be responsible for the quality and packaging quality of the product and provide the necessary technical information or samples for acceptance. The acceptance and quarantine methods of product quality shall be implemented in accordance with the relevant regulations approved by the State Council. If there are no regulations, they shall be determined by negotiation between the parties;
The standards include national standards GB, ministerial standards, and enterprise standards QB. If you want to fill it in, you must have the standard code, number and standard name. Most general purchase and sale contracts generally stipulate national standards. If there are special requirements for a specific product or product quality, it must be specifically agreed upon which standard, or agreed conditions, samples (samples must be sealed and kept separately), and supplementary technical requirements.
It is agreed that the supplier will have a quality guarantee period for the products it provides. During the guarantee period, if quality problems are discovered, the supplier shall bear liability for breach of contract, but this does not exclude the buyer's abnormal use.
3. Place and method of delivery (picking up) goods
1. The place of delivery involves the delivery of the subject matter and is also the demarcation point for risk transfer.
The place of delivery, as the place of performance of the contract, involves the jurisdiction of contract disputes. When the agreed delivery location is inconsistent with the actual delivery location, the actual delivery location shall be the contract performance location. If both parties agree on the place of performance of the contract, the place of arrival of the goods, the place of arrival, the place of acceptance, the place of installation and commissioning, etc., shall not be regarded as the place of performance of the contract.
2. Delivery method: delivery at the factory (pick-up), delivery at the destination port (delivery), delivery to the carrier (transportation agent), etc. There are special terms used in foreign trade.
IV. Transportation method, arrival port and cost burden
1. The transportation method is generally proposed by the buyer, and the transportation method, transportation route, and transportation means can also be determined through negotiation. The general requirements are low freight, fast shipping, and safe arrival of goods. If the supplier chooses unreasonable transportation routes and tools due to reasons on the part of the supplier, we will be liable for compensation for the resulting losses.
2. The burden of transportation costs should be considered in conjunction with the price of the goods, and must be clearly agreed to avoid disputes.
5. Reasonable loss and calculation method
The positive and negative balance of the product delivery quantity, the reasonable weight difference and the natural loss in transit, the regulations and calculation methods, the relevant competent authorities There are detailed provisions and should be clearly stated in the contract.
In our practice, quantity differences are generally not allowed and settlement is based on the actual volume received.
6. Packaging standards, supply and recycling of packaging materials
Packaging is an indispensable and important part of the production process of all tangible products. Improper packaging will cause the goods to deteriorate and be damaged. The value and use value of the product itself is lost. High-quality packaging can not only effectively protect the product, but also increase the added value of the product and enhance the competitiveness of the product itself. When talking about quality, we must first talk about standards. Standardization is an important guarantee for improving product quality.
1. Product packaging standards: implemented in accordance with national standards or professional standards. If there is no universal method or agreement, the supplier shall use a packaging method sufficient to protect the subject matter.
2. The supply of packaging materials, unless the state stipulates that it is supplied by the demander, should be supplied by the supplier, or it can be agreed in the contract.
3. Packaging recycling: It is agreed in the contract and the recycling fee is stipulated. Such as oil drums, oxygen bottles, etc.
VII. Acceptance standards, methods and time limit for raising objections
1. Acceptance methods: comprehensive inspection, sampling inspection, theoretical calculation, actual weighing.
2. Acceptance standards: national standards, industry standards, enterprise standards, and agreed standards.
3. Acceptance time: The agreed number of days within which acceptance should be completed, which is different from the time limit for raising objections.
4. Time limit for raising objections:
If the inspection period is agreed upon, the purchaser shall notify the supplier of unqualified quantity or quality within the agreed period. Notified, the quantity or quality shall be deemed to be qualified. In the written notice, it is recommended to specify the supplier's response time, otherwise it will be regarded as acquiescing to the objections and handling opinions raised by the demander.
If there is no agreed inspection period, after receiving the goods, the demander shall notify the supplier within a reasonable period of discovery of non-conformity. Failure to notify within a reasonable period or within 2 years after receipt of the goods shall be deemed to be To be 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 subject to the above notification time limit.
? Reasonable period? Generally speaking, if the variety, specification, model, design and quality are unqualified, written objections must be submitted within 10 days after the arrival of the goods. For products whose inherent quality problems can only be discovered after installation and operation, objections should be raised within 6 months from the date of operation.
5. You can also agree in detail who (which institution) will be responsible for acceptance, testing, etc.
8. Quantity and supply method of random spare parts, accessories and tools
For mechanical and electrical products, the auxiliary machines, accessories, ancillary products, consumable spare parts, accessories and installation that come with the main engine should be clearly specified Repair tools, etc. For equipment supplied in complete sets, the equipment list should be clearly defined.
9. Settlement method and period
1. Settlement method: cash, check, money order, collection and acceptance (payment for bill inspection or payment for goods inspection).
2. Settlement term: advance payment, cash on delivery, installment payment.
10. Guarantee
A separate guarantee contract can be established --- Contents of Guarantee Law and Property Law
11. Liability for breach of contract
< p>(1) The supplier’s liability for breach of contract1. If the supplier is unable to deliver the goods, it shall bear to the demander a liquidated damages of a few percent of the payment for the part that cannot be delivered. (The range is 1-5% for general products and 10---30% for special products)
2. If the variety, specification, model, color and quality of the products delivered by the supplier do not comply with the contract, if If the demander agrees to use it, the price will be determined based on the quality. If the demander cannot use it, the supplier should be responsible for replacement or repair, and bear the cost of repair, exchange or return. If the supplier cannot repair or return the product, it will be treated as non-delivery.
3. If the supplier delivers goods overdue, the supplier shall bear liquidated damages to the demander for each day of overdue delivery and bear the losses caused by the demander. If the delivery is overdue, the supplier must negotiate with the demander before shipping. If it is still needed, the supplier shall make up the amount; if it is no longer needed, it shall reply within days after receiving the notice from the supplier and go through the contract termination procedures. Overdue delivery shall not If you reply, it will be deemed that you agree to ship the goods.
4. If the supplier delivers the goods in advance, if the demander picks up the goods, the supplier can refuse to pick up the goods; if the goods are delivered, the supplier can be required to bear the storage costs during the early delivery period, and the demander still pays the Agree to pay for goods. If the transportation costs are borne by the demander, and the contract stipulates the transportation route, means of transportation, etc., and the supplier changes it without authorization, it shall bear the resulting increased costs.
(2) The buyer’s liability for breach of contract
1. If the buyer returns the goods midway, he shall bear the liquidated damages for the returned part of the goods to the supplier.
2. If the demander fails to provide the technical data or packaging required within the agreed time, the delivery time will be postponed and the supplier shall also be liable for liquidated damages. If it cannot be provided, it will be processed as a mid-way return.
3. If the buyer fails to pick up the product at the agreed time or the time notified, he shall pay liquidated damages and bear the storage costs.
4. If the buyer pays late, he shall bear liquidated damages.
5. If the demander violates the contract and refuses to accept the goods, it will be treated as a return and the supplier will be responsible for the resulting losses.
12. Methods of resolving contract disputes
Methods of resolving contract disputes: Do the two parties agree to arbitrate or file lawsuits in court?
1. If If both parties want to resolve the dispute through arbitration, they should indicate that the arbitration will be conducted by the XX Arbitration Commission. If the name cannot be determined, the agreement will be deemed invalid. If you cannot express your dissatisfaction with the arbitration, you have the right to file a lawsuit with the People's Court. This violates the principle of arbitration or trial, rendering the arbitration agreement invalid, and the court has jurisdiction.
2. If both parties agree to resolve the dispute through litigation, they can agree on the jurisdiction of the court. The plaintiff's place, the defendant's place, the place where the contract is performed, the place where the contract is signed, and the location of the subject matter. In order to facilitate their own litigation, some parties may agree to have jurisdiction over the court at their domicile. In order to prevent the other party from suing, some parties agree that the court where the defendant is located will have jurisdiction.
13. Others
1. Special agreements or supplementary terms: such as: inspection and quarantine of wood, transportation certificate, certificates for pyrotechnics, etc.
2. Delivery agreement: Notices or other communications sent in accordance with the requirements of this contract shall be written in Chinese and delivered by person, fax or registered letter. The legal address of both parties shall be the signed address.
All notices and other communications shall be deemed to have been duly delivered on the earliest of the following dates:
1) If delivered personally, the date of receipt;
2) If it is faxed, it will be when the confirmation is returned;
3) If it is mailed, it will be five days after the date of sending, and the mailing receipt shall prevail; /p>
4) If it is delivered by express, it will be 3 days after the express sends the voucher; for defects in the mail, how to prove the content of the mail is the key. The mailer confirms and notarizes delivery.
You can also agree to publish an announcement in a newspaper to deliver it.
If the place of delivery needs to be changed, one party will notify the other party in writing on the next day after the change. Otherwise, the other party will treat the document delivered at the above confirmed place, regardless of whether it has been received or not. service.
3. Number of copies of the contract and conditions for taking effect: How many copies? Will it take effect if signed and sealed? Or will it take effect with conditions? etc.
4. Other agreements: This contract is the complete agreement between both parties. Agreement, all previous representations, negotiations, correspondence, undertakings, agreements, negotiations and contracts, whether written or oral, made by the parties or their agents with respect to any matter or thing to which this Agreement applies or relates, are null and void.
Fourteen. Signing
It should include: full name of the unit, detailed address, postal number, legal representative, agent, contact number; bank account number, account number; contract signing date. ;