In fact, when the buyer knows or should know that the third party has the right to buy and sell the subject matter when concluding the contract, the seller has no obligation to guarantee the defects of the right. So do you know what the current contract is like? Here, I would like to share some samples of purchase contracts with you, hoping to help you.
1 Sample Commodity Purchase Contract Buyer: (hereinafter referred to as Party A)
Supplier: (hereinafter referred to as Party B)
The buyer specially ordered a batch of fast food tables and chairs from the supplier for the needs of the company canteen. In accordance with the provisions of the Economic Contract Law of the People's Republic of China, this contract is signed by both the supplier and the buyer through consultation on the principle of mutual benefit. The terms are as follows:
1. Main parameters of the dining table for eight people: Masteel GB 1.2mm thick square tube with a diameter of 50__50mm was used as the main frame, which was welded, polished, pickled, phosphatized and sprayed with plastic. The main frame has a smooth appearance and no scars. Burr, false welding, virtual welding. Strong and durable.
Dining table panel: specification 220__60, using Shanghai high-quality Fumeijia 25mm thick fireproof board. After processing, it has the functions of fire prevention and waterproof. It is more than twice as durable as the original old product. The color is gray.
Bench: Guangdong high-quality FRP grandstand seats are used. Strong and durable. elegant appearance
Second, the delivery time and place:
1. On the premise that the buyer performs the contract, the supplier plans to deliver the goods on September 23rd, 20th/kloc-0 (the production cycle of this contract is 7 days).
2. Place of delivery: Jiangsu Kelipu Auto Parts Co., Ltd.
3. The fast food tables and chairs ordered by the buyer shall be transported and installed by the supplier, and the freight shall be borne by the supplier and transported to the place designated by the buyer (Jiangsu Kelipu Auto Parts Co., Ltd.).
Four. Settlement method and time limit
1. After the signing of this contract, the buyer shall immediately pay a deposit of 1056 yuan to the supplier, and this contract shall take effect on the day after receiving the deposit. If the advance payment is delayed, the delivery date stipulated in this contract will be postponed.
2. After the fast food tables and chairs supplied by the supplier are transported to the place designated by the buyer and accepted, the remaining payment shall be paid to the supplier at RMB 10000. After the goods arrive, the balance will be paid in one lump sum.
Verb (abbreviation of verb) after-sales service
According to the relevant national regulations, the supplier implements the principle of "one-year warranty" for the products supplied, that is, during the one-year warranty period, the supplier is responsible for free maintenance due to the failure caused by furniture quality factors (except human factors); After the warranty period expires, the supplier will continue to provide maintenance services, but will charge corresponding maintenance fees.
6. If the delivery is delayed due to irresistible reasons, the supplier must inform the buyer, and within seven days after the accident, the certification documents issued by the relevant departments at the disaster site will be mailed to the buyer for review and confirmation; If the buyer wants to postpone the delivery, he must inform the supplier seven days before the original delivery date.
Seven. Ways to solve contract disputes
1. Matters not covered shall be settled by both parties through negotiation.
2. Disputes under this contract shall be settled by both parties through consultation. If negotiation fails, they can bring a lawsuit to the competent court where the supplier is located.
Eight. Remarks:
1. If it is damaged during transportation and handling, the supplier needs to replace it.
2. After the purchased products arrive at the buyer's location, the buyer is responsible for handling and installation.
Nine. This contract is made in duplicate, one for each party, and may not be changed without the consent of both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Sample of the Seller's (hereinafter referred to as Party A) House Purchase Contract:
Address:
Contact information:
Buyer (hereinafter referred to as Party B):
Address:
Contact information:
Based on the principles of voluntariness, equality and mutual benefit, Party A and Party B have reached the following agreement and contract on the sale of works agreed in this contract by Party A to Party B through friendly negotiation:
I. General situation of the project
Second, the ownership of the work.
Party A guarantees that it has the ownership and the right to dispose of the works mentioned in Article 1 of this contract, and has the right to oppose a third party, and at the same time, Party A shall truthfully explain the conditions and defects of the works.
Third, the transaction price
Upon confirmation by both parties, the total transaction price of this contract is RMB 26,050, and both parties are obliged to keep the transaction price and other matters agreed in this contract confidential. Any party who divulges the information in this contract shall be liable for the losses caused to the other party.
Four. mode of payment
After all the calligraphy and paintings sold by Party A in this contract are mounted (mounted according to Party B's requirements), they will be installed at the place designated by Party B, and Party B will pay the contract price in one lump sum after the acceptance by Party B's personnel. V. Delivery and acceptance of the project
Party A shall deliver the project to Party B within 20 days after signing the contract. Party A and Party B shall conduct on-site acceptance at the same time of project delivery.
1. Acceptance method: Party B shall organize personnel to accept.
2. Acceptance criteria: in line with the general situation of the projects listed in Article 1 of this contract.
3. Party B shall not install until it has passed all the acceptance tests.
6. Termination of the transaction
Party B has the right to terminate the transaction under the following circumstances: there is evidence that the work is untrue in terms of ownership, authenticity and defects. If the above situation is true, Party B has the right to terminate the contract.
Seven. responsibility for breach of contract
1. If the ownership, authenticity, defects and omissions of the works are untrue, Party A shall compensate Party B according to the transaction price agreed in this contract.
2. If Party B fails to pay the money as agreed in the contract, it shall pay the liquidated damages at the standard of 1% every day.
Nine. force majeure
Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoil and government actions.
In case of force majeure, which prevents the normal performance of the contract, the party that occurs shall notify the other party in time, negotiate the termination or extension agreement of the contract in time, and make a written contract annex.
X. supplements and annexes
Matters not covered in this contract shall be implemented in accordance with relevant national laws and regulations. Unless otherwise specified, Party A and Party B shall reach a written supplementary agreement through friendly negotiation. As an integral part of this contract, this agreement and other supplementary materials have the same legal effect as this contract.
XI。 Validity of contract
This contract shall come into effect as of the date of signature by both parties. This contract is made in duplicate, one for each party, with the same legal effect, and shall come into effect after being signed and sealed (handprint).
Seller (seal):
Buyer (seal):
Signature of representative:
Signature of representative:
Contact information:
Contact information:
Date:
Date:
Model Purchase Contract Article 3 Basic information of the house
The Seller's house (hereinafter referred to as the house) is located in _ _ _ _ _ _ _ _ _ _ _; Located on the _ _ _ _ _ _ _ _ _ floor, * * _ _ _ _ _ (suite), The building structure is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (house ownership certificate, land use right certificate number) (real estate certificate number) is _ _ _ _ _ _ _.
Article 2 Special Agreement on Housing Area
The area agreed in Article 1 of the Contract is (temporarily measured by the Seller) (indicated on the original property certificate) (actually measured by the real estate property registration authority). If there is any difference between the temporarily measured area or the area indicated on the original property certificate (hereinafter referred to as the temporarily measured area) and the area actually measured by the real estate property registration authority, the area actually measured by the real estate property registration authority (hereinafter referred to as the actual area) shall prevail.
When the house is delivered, when the difference between the actual area of the house and the temporarily measured area does not exceed _ _ _ _ _% of the temporarily measured area (excluding _ _ _ _ _ _ _%), the house price will remain unchanged.
When the difference between the actually measured area and the temporarily measured area exceeds _ _ _ _ _ _% (including _ _ _ _ _ _ _%), Party A and Party B agree that the following _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. The buyer has the right to return the house, and the seller shall refund the payment made by the buyer to the buyer within _ _ _ _ _ _.
2. The price per square meter remains unchanged, and the total house price is adjusted according to the actual area.
Article 3 Nature of land use right
The corresponding acquisition method of the land use right of the house is _ _ _ _ _ _ _ _ _ _ _; The term of land use right is from year month day to year month day. The approval number of the real estate transfer that obtains the land use right by allocation is _ _ _ _ _ _ _ _ _ _; After the sale of the house, the buyer (must) (need not) go through the formalities for transferring the land use right according to the relevant regulations.
Article 4 Price
Calculated by (total construction area) (actual construction area), the sales price of the house is _ _ _ _ _ _ yuan per square meter (currency), and the total amount is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5 Payment Terms
The buyer shall pay the seller a down payment of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 Time limit for delivery
The Seller shall deliver the ownership certificate of the house to the Buyer within 30 days from the effective date of the Contract. And shall pay the house to the buyer within _ _ _ _ _ _ _ _ years.
Article 7 the buyer's liability for breach of contract for overdue payment
If the Buyer fails to make payment within the time stipulated in Article 4 of the Contract, the Seller has the right to claim the liquidated damages interest from the Buyer for overdue payment. The monthly interest is calculated at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At that time, the seller has the right to investigate the buyer's liability for breach of contract according to the following agreement.
1. When the contract is terminated, the buyer shall pay the seller _ _ _ _% of the accumulated payables as liquidated damages. When the actual economic loss of the seller exceeds the liquidated damages paid by the buyer, the difference between the actual economic loss and the liquidated damages shall be compensated by the buyer according to the facts.
2. The Buyer shall pay liquidated damages to the Seller according to _ _ _% of accumulated payables, and the contract shall continue to be performed.
Article 8 the seller's liability for breach of contract for overdue delivery of the house
Except for irresistible natural disasters and other special circumstances, if the seller fails to deliver the house to the buyer within the time limit specified in Article 5 of this contract, the buyer has the right to recover the penalty interest from the seller according to the paid house price. From the date of the month, the monthly interest is calculated at the date of the month, and the monthly interest is calculated at the interest rate of _ _ _ _ _ _ _. If the delay exceeds _ _ _ _ _ months, it shall be deemed that the seller has failed to perform this contract, and the buyer has the right to investigate the seller's liability for breach of contract according to the following _ _ _ _ _ _ _.
1. After the termination of the contract, the seller shall pay _ _ _% of the accumulated payment to the buyer. When the actual economic loss of Party B exceeds the liquidated damages paid by the seller, the difference between the actual economic loss and the liquidated damages shall be compensated by Party A according to the facts.
2. The Seller shall pay liquidated damages to the Buyer according to _ _ _% of the accumulated payment made by the Buyer, and continue to perform the Contract.
Article 9 Property Rights Registration Agreement
The seller shall, from the date when the buyer actually accepts the house, assist the buyer to handle the ownership registration formalities with the real estate property registration authority within the time limit specified by the real estate property registration authority. If the buyer fails to obtain the real estate ownership certificate within _ _ _ _ _ _ days from the actual delivery date due to the fault of the seller, the buyer has the right to reject the house, and the seller shall return the payment made by the buyer to the buyer within _ _ _ _ _ _ days from the date when the buyer requests to reject the house.
Article 10 The seller guarantees that there is no property right dispute during the transaction, and the mortgage, mortgage debt, taxes and rent are all settled before the transaction. If there are any outstanding matters after the transaction, the seller shall bear all the responsibilities.
Article 11 The land value-added tax arising from the ownership transfer of the house shall be paid by the seller to the state, and the deed tax shall be paid by the buyer to the state; Unless otherwise agreed, taxes and fees arising from other house transactions shall be paid by Party A and Party B respectively according to government regulations.
Article 12 For matters not covered in this contract, Party A and Party B shall negotiate separately and sign a supplementary agreement.
Article 13 The annexes to this contract are an integral part of this contract. In this contract and its annexes, the words filled in the blank part have the same effect as the printed words.
Matters not covered in this contract, its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and policies of People's Republic of China (PRC).
Article 14 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree to arbitrate by Suzhou Arbitration Commission.
Article 15 This contract (signed by both parties) shall come into effect as of the date of signing.
Article 16 This contract and the attached schedule * * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (signature): Party B (signature):
Tel: Tel:
Year, month, sun, moon, sun.
Article 4 Sample of Party A's (Buyer's) Purchase Contract:
Party B (Seller):
Based on the humanitarian spirit of protecting animals, cherishing life and respecting life, and on the principles of honesty, fairness and reasonableness, this contract is signed by both parties through full and equal consultation and shall be abided by jointly.
Basic information about pets:
Pet breed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On _ _ _ _ _ _ _ (Mr./Ms.), the ID number is _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A), and both parties purchased _ _ _ _ _ _ _ _ _ (Mr.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B) (hereinafter referred to as the contract dog).
Both parties confirm the price, quantity, sex and health status of the contract dogs and sign this contract. Its terms and conditions
As follows:
1. The contract dogs are _ _ _ _ _ _ _ _ _ _ _ (as shown in the attached figure), one male and one female for one month.
2. Quantity:
3. First deworming: Year, month and day, deworming drugs:; First Vaccination: Month Day, Vaccine Type:
4. Terms of sale:
① The amount that Party A should pay to Party B is RMB Yuan only (in words).
② Party B has the obligation to inform Party A of the pet's health status, personality, hobbies and living habits. , and provide necessary consultation and assistance for Party A to raise and purchase contract dogs.
(3) Party A promises to scientifically raise contract dogs under the guidance of Party B. ..
④ Party B promises that the contract dog is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (Buyer):
Party B (Seller):
Model Contract for Goods Purchase 5 Party A: Tel: Party B: Tel: After full consultation, Party A and Party B hereby conclude this contract for both parties to abide by. Risk warning: subject information
In the sales contract, it should be stipulated in the contract according to the type of the subject matter. Prevent disputes arising from unclear product agreements.
The quantity and price should be clear, including the unit of measurement of the amount. Most things need mutual consent. At the same time, the unit price, total price, currency, payment method and procedure of the subject matter should be indicated, and all items must be clearly filled in without ambiguity.
Article 1 Product name, variety, specification and quality
1. Product name, variety and specification: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. (The brand or trademark of the product shall be indicated)
2, product technical standards (including quality requirements), according to the following ():
(1) According to national standards;
(2) According to the promulgated standards;
(3) Technical requirements shall be agreed by both parties.
Article 2 Quantity, unit of measurement and method of measurement of products
1. Product quantity: _ _ _ _ _ _ _ _ _ _.
2. Unit and method of measurement: _ _ _ _ _ _.
3. Provisions and calculation methods of positive and negative tail difference of product delivery quantity, reasonable increase or decrease clauses, natural decrease (increase) in transit: _ _ _ _ _ _ _ _ _ _ _.
Article 3 Where the state or the competent business department has technical provisions on product packaging standards, packaging material supply and packaging of recycled products, those provisions shall prevail; If there are no technical regulations by the state and the competent business department, it shall be agreed by both parties. The packaging of the products shall be provided by Party B, unless it is provided by Party A as stipulated by the state. Risk warning: time limit, place and method of performance.
The time limit, place and method of performance should be clear, and whether the mode of performance is delivery or self-delivery involves not only the bearing of transportation expenses, but also the bearing of the risk of damage or loss of goods in transit; Unclear performance period will seriously affect the smooth performance and implementation of the contract, resulting in disputes such as overdue delivery. It is also easy to cause controversy if the contract is performed at an unknown place.
For example, some contracts have vague stipulations on the time limit for performance, such as the completion of performance within one month, but there is no stipulation on when to calculate one month, which will easily lead to ambiguity between the two parties and make favorable explanations for themselves; If the time limit is clear and the agreement is fulfilled before a certain day, the ambiguity will be avoided.
Article 4 Delivery unit, mode of delivery, mode of transportation and place of arrival of products (including special lines and docks).
1. Delivery unit of the product: _ _ _ _ _ _ _ _ _ _ _.
2, delivery method, according to the following ():
(1) Party B delivers the goods;
(2) Party B's transportation (Party B shall fully consider Party A's requirements and negotiate a reasonable transportation route and mode);
(3) Party A shall deliver the goods by itself.
3. Mode of transportation: _ _ _ _ _ _ _ _ _ _.
4. The place of arrival and the receiving unit (or consignee) _ _ _ _ _ _ _. Risk warning: delivery place
The place of delivery should be clearly agreed, because it involves the realization of the interests of both parties and the risk of damage or loss of the subject matter. Under normal circumstances, the ownership of the subject matter is transferred from the time of delivery, and the risk bearing is also transferred. For example, the contract stipulates that the place of delivery is the seller's warehouse, which means that once the goods are out of the warehouse, the risk of damage or loss is transferred to the buyer. Therefore, when signing a contract, we should be cautious about the choice of delivery place. If Party A requests to change the destination or consignee, it shall notify Party B 40 days before the delivery deadline (month or quarter) stipulated in the contract; If Party A must send someone to escort, it shall be clearly stipulated in the contract and bear the travel expenses incurred by the personnel sent by Party A; For the transportation, loading and unloading of products, Party A and Party B shall go through the handover procedures with the transportation department according to relevant regulations, keep records, and be signed by both parties to clarify the responsibilities of both parties and the transportation department.
Article 5 The delivery date of the products delivered or consigned as stipulated in the delivery (delivery) date of the products shall be based on the stamp date issued by the transportation department when Party A ships the products, unless otherwise agreed by both parties. According to the contract, the delivery date of the products delivered by Party A shall be the delivery date notified by Party B according to the contract. In the delivery notice of Party B, Party A shall be given the necessary time on the way. Unless due to force majeure, the actual delivery or delivery date is earlier or later than the date stipulated in the contract, which shall be regarded as early or late delivery or delivery.
Article 6 Risk warning of product price and payment settlement: payment of price.
In practice, some sales contracts simply stipulate the amount of contract money, but do not stipulate the time and method of payment. This loophole will find an excuse for the payer not to pay or to delay payment indefinitely.
In addition, the buyer should try to pay by bank transfer. Clear the specific terms and conditions of payment, as simple, clear and easy to implement as possible, to avoid the risk that the dunner cannot claim payment because he can't prove that the payment conditions have been reached. Set a clear responsibility for breach of contract for overdue payment, and effectively urge or deter the payer of the contract.
1, the price of the product, according to the following ():
(1) at the price agreed by both parties;
(2) According to the market price at the place of performance when the contract is concluded;
(3) According to the national price.
2. Settlement of product payment: the settlement of product payment, actually paid freight and miscellaneous fees and other expenses shall be handled in accordance with the provisions of the settlement measures of the People's Bank of China or as agreed by both parties.
Article 7 Acceptance Methods
1. Acceptance time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Acceptance method: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Acceptance criteria: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Who is responsible for acceptance and testing: Party A. ..
Article 8 Time and method of raising objections to products
1. If Party A finds that the variety, model, specification, design and quality of the products are not in conformity with the regulations during the acceptance, it shall properly keep them and raise a written objection to Party B within 30 days; During the acceptance period, Party A has the right to refuse to pay the part that does not meet the requirements of the contract. If Party A fails to notify Party B within two years from the date of receiving the product, it shall be deemed that the product meets the requirements.
2. Party A shall not raise any objection if the product quality declines due to improper use, storage and maintenance.
3. After receiving Party A's written objection, Party B shall be responsible for handling it within 10 days (unless otherwise agreed or agreed by both parties on the time limit), otherwise it shall be deemed as the default of Party A's objection and handling opinions. Risk warning: liability for breach of contract
The liability for breach of contract should be stipulated, which can be effectively implemented to avoid disputes. Many contracts do not stipulate the liability for breach of contract or the agreement is too vague and not operable. For example, some contracts break the contract and have to pay a penalty of 654.38+10,000 yuan, which is too general and difficult to operate in practice.
Specifically, it should be clear which agreement of the contract has been violated and what kind of liability for breach of contract should be borne, such as: quality discrepancy, quantity discrepancy, failure to pay in full and on time, failure to deliver in time, etc. The corresponding liability for breach of contract should be formulated according to different breach of contract situations. In addition, the amount of liquidated damages should be specific and numerical, so as to claim compensation from the breaching party.
Article 9 Party B's liability for breach of contract
1. If Party B fails to deliver the goods, Party B shall pay _ _ _% of the payment to Party A as liquidated damages.
2. If the variety, model, specification, design and quality of the products delivered by Party B do not meet the requirements and Party A agrees to use them, the price shall be determined according to the quality; If Party A cannot use it, Party B shall be responsible for replacement or maintenance according to the specific conditions of the product, and bear the actual expenses paid for maintenance, replacement or return.
3. If Party B has to repair or repackage the products because the packaging does not meet the requirements of the contract, Party B shall be responsible for the repair or repackaging and bear the expenses paid. Where Party A requests compensation for losses but does not request repair or repackaging, Party B shall pay Party A the part of the unqualified package that is lower than the value of the qualified package. If the goods are damaged or lost due to unqualified packaging, Party B shall be responsible for compensation.
4. If Party B fails to deliver the goods on time, Party B shall pay the liquidated damages for the delayed delivery to Party A according to the regulations of the People's Bank of China on delayed payment, and bear the losses suffered by Party A as a result.
5. For the products delivered by Party B in advance, and the products whose varieties, models, specifications, colors and quality do not meet the requirements, Party B shall bear the storage and maintenance expenses actually paid by Party A during the storage period and the losses not caused by Party A's improper storage.
6. If the product is sent to the wrong destination or consignee, Party B shall not only be responsible for sending the product to the wrong destination or consignee as stipulated in the contract, but also bear all the expenses actually paid by Party A and the liquidated damages for overdue delivery.
7. If Party B delivers the goods in advance, Party A can still pay according to the delivery time stipulated in the contract after receiving the goods; If stipulated in the contract, Party A may refuse to receive the goods. If Party B fails to deliver the goods, Party B shall negotiate with Party A before delivery. If Party A still needs it, Party B shall make up for it according to the quantity and bear the responsibility of overdue delivery. If Party A no longer needs it, it shall notify Party B within 15 days after receiving Party B's notice, and go through the cancellation procedures. Failing to reply within the time limit shall be deemed as agreeing to deliver the goods.
Article 10 Party A's liability for breach of contract
1. If Party A returns the goods midway, it shall pay _ _ _% of the returned amount to Party B as liquidated damages.
2. If Party A fails to provide the technical data or packaging materials that should be delivered according to the time and requirements stipulated in the contract, in addition to delaying the delivery date, it shall also calculate the payment for delayed delivery according to the provisions of the People's Bank of China on delayed payment, and pay Party B the liquidated damages for delayed delivery; If it cannot be provided, it will be returned halfway.
3. If Party A fails to pick up the goods according to the date notified by the supplier or the date stipulated in the contract, Party A shall pay Party B the liquidated damages for late delivery according to the regulations of the People's Bank of China on delayed payment, and bear the actual storage and maintenance expenses paid by Party B..
4. Where Party A makes overdue payment, it shall pay liquidated damages to Party B according to the regulations of the People's Bank of China.
5. If Party A refuses to accept the goods in violation of the contract, it shall bear the losses caused by Party B and the fines imposed by the transportation department.
6. If Party A misstates the place of arrival or consignee, or raises a wrong objection to Party B, it shall bear the losses suffered by Party B as a result.
Article 11 If one party to the Force Majeure is unable to perform the contract due to force majeure, it shall promptly notify the other party of the reasons why it cannot perform or cannot fully perform, so as to reduce the losses that the other party may suffer. After obtaining the certificate from the relevant organization, it is allowed to postpone, partially perform or not perform the contract, and may be exempted from the liability for breach of contract in part or in whole according to the situation.
Article 12 Others
1. The liquidated damages, compensation, storage and maintenance fees and various economic losses that should be paid according to the provisions of this contract shall be paid according to the settlement method specified by the bank within 10 days after the responsibilities are defined, otherwise it shall be treated as overdue payment. However, neither party may deduct the goods or payment by itself to offset. Risk warning: dispute resolution
In case of dispute between the two parties to the contract, if negotiation fails, they can only resort to arbitration institutions or courts. Then the specific choice of which method needs the consensus of both parties. If you choose an arbitration institution, you must make it clear which arbitration commission it is, otherwise the agreed terms will be invalid because the agreement is not clear.
Of course, both parties can also agree on the jurisdiction court, and the agreed court can only choose one of the court where the defendant is located, the court where the plaintiff is located, the court where the contract is performed, the court where the contract is signed, and the court where the subject matter is located. Otherwise, the clause is invalid.
2. If there is any dispute in this contract, both parties shall settle it through negotiation in time. If negotiation fails, either party may apply to the competent business authority for mediation or to the _ _ _ _ _ _ _ _ Arbitration Commission for arbitration.
3. This contract will take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. If there are any matters not covered in this contract, both parties shall make supplementary provisions through consultation, which have the same effect as this contract.
5. This contract is in duplicate, with each party holding one copy. (There is no text below) Risk warning: Evidence is retained.
Pay attention to save and collect written, video and audio materials such as supplementary agreements, delivery notes, purchase and sale vouchers, invoice receipt records, correspondence, memos, meeting minutes, faxes, traffic tickets, transportation tickets, telephone records, emails, etc. In case of dispute, the evidence may become strong factual evidence.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.