model wenyi for commodity concrete supply contract
buyer (full name, i.e. party a):
supplier (full name, i.e. party b):
according to the Contract Law of the People's Republic of China, the Construction Law of the People's Republic of China and other relevant laws and regulations, Party A and Party B, after full consultation, are in line with.
article 1 qualification of party b
certificate number:
certificate issuing machine:
qualification specialty and grade:
review time and validity period:
article 2 name, variety, specification and quality
1. name, variety, specification (model): (indicate the brand and trademark of the product.
2. The quality shall be implemented according to the following item ():
(1) It shall be implemented according to the standards (it shall be indicated that it shall be implemented according to the national or provincial standards or specific standards of enterprises, such as standard code, number and standard name, etc.).
(2) According to the sample, the sample shall be taken as an annex to the contract (the sample sealing and storage method shall be indicated).
(3) It shall be implemented according to the requirements agreed by both parties, specifically:
The materials supplied by Party B must meet the national or industrial technical standards and the technical quality requirements of the construction unit and the national environmental protection requirements, and shall not be shoddy, otherwise it shall be treated as unqualified.
Article 3 Quantity and unit of measurement, method of measurement
1. Quantity:
2. Unit of measurement and method:
3. Provisions and calculation methods of positive and negative tail difference of delivered quantity, reasonable more or less clause and natural increase (decrease) in transit:
Article 4 Packaging methods and handling of packaged goods:
Standards, and the packaging standards shall be specific upon self-agreement.
article 5 mode of delivery
1. delivery time:.
2. Delivery place:.
3. mode and cost of transportation: the freight shall be borne by the price, and the losses and traffic accidents during transportation shall be borne by the.
4. Insurance: (Who is responsible for the insurance according to the situation and specify the amount and types of insurance).
5. Transfer of documents related to the sale: 1) It shall be signed by the person in charge of the project materials; 2) It shall be signed by the person in charge of the project site; 3) It shall be signed by the material receiver; If Party B fails to complete the signing formalities as agreed, Party A will not accept the relevant documents.
6. If it is necessary to enter the construction site for delivery, it must: 1) register with the doorman; 2) The receiver and the doorman receive the goods together (the actual quantity shall be subject to the settlement); 3) If it is measured by weight, it must be weighed before admission.
Article 6 Acceptance:
1. Acceptance time:
2. Specify sampling standard or method and proportion).
3. In case of any dispute during acceptance, the product shall be inspected.
article 7 price, settlement method and payment for goods
1. unit price: (this unit price is a comprehensive unit price, including/excluding the pumping fee)
2. Settlement method: the engineering quantity is calculated according to the structural construction drawings, and the loss is not counted.
3. Payment for goods:
Time and proportion of payment for goods: Time of first payment for goods: 5% of the completed project quantity will be paid after the main body has reached plus or minus zero; Second payment time: 6% of the completed project volume will be paid after the main body reaches the tenth floor; The third payment time: after the main body is capped, 6% of the completed project volume will be paid; The rest of the payment will be paid within one year after the completion acceptance;
payment method: bank transfer;
time and method of payment of transportation and miscellaneous fees and other expenses:
4. when requesting payment from party a, party b must provide a legal invoice with the same amount.
5. Party B must have a certain ability to advance funds. In the case that the construction unit is in arrears with the project payment, Party B shall guarantee the normal supply and shall not claim compensation from Party A; If the project payment is delayed for more than days due to reasons such as delayed construction or shutdown, Party B may directly sue the construction unit by subrogation, and Party A shall provide assistance.
Article 8 Time and method of raising objections:
1. If Party A finds that the variety, model, specification, design and quality of the goods do not conform to the regulations or agreements during the acceptance, it shall, while properly keeping the goods, raise written objections to Party B within days after receiving the goods; During the period of collection and acceptance, Party A has the right to refuse to pay for the part that is not in conformity with the contract.
2. After receiving Party A's written objection, Party B shall be deemed to acquiesce in the objection and handling opinions put forward by Party A..
Article 9 Obligations of Party A:
1. Before Party A needs Party B to supply goods, Party A shall inform Party B of the required number, specification and quantity, and hand them over to Party B, and make disclosure on the technical quality requirements. Party B shall deliver the agreed goods to the construction site according to Party A's requirements within 2 days.
2. if the actual quantity supplied by party b to party a is different from the quantity stated in the invoice, party a shall promptly notify party b to verify it, and both parties shall submit the confirmation result of the real quantity in writing as the basis for party a's settlement.
3. if party a finds that the quality of the goods is abnormal after receiving the goods, it shall promptly notify party b to conduct on-site verification; If Party A finds that the quality is abnormal after use, it shall notify Party B for verification within 3 days. Return the goods according to regulations or negotiate to decide to adopt other handling methods. In case of any dispute, both parties shall, jointly with the engineering supervision and quality supervision departments, identify the responsibilities and put forward written opinions on handling the responsibilities. In case of product quality responsibility, Party B shall bear all losses caused thereby.
4. Party A shall appoint a person who is responsible for the acceptance and signing of the contents stated in the invoice of goods delivered to the construction site, and Party A who has been signed by others will not be recognized. Party A shall abide by the relevant technical specifications of the state and the design department, and shall not change the properties of the goods without authorization.
5. Party A shall ensure that the construction site is sufficient for Party B's loading vehicles to load and unload goods safely, and arrange special personnel to give on-site command to assist Party B in loading and unloading goods. If Party B is unable to load and unload the goods, Party A may arrange to unload the goods by itself, but the accuracy of the unloading quantity shall be borne by Party B and the unloading expenses shall be borne by Party B..
Article 1 Obligations of Party B
1. Party B shall ensure the continuous supply of goods according to the requirements put forward by Party A and accept the inspection and supervision of the construction unit, supervision unit and Party A.. Party B is responsible for coordinating the relationship with the surrounding residents and units, and Party B shall coordinate and solve the problems such as disturbance to the people, disturbance to the people or environmental protection caused by supply reasons and bear corresponding responsibilities.
2. if party b fails to pay the liquidated damages according to the agreed time, it shall compensate party a for the losses suffered as a result. If the overdue period exceeds days, Party A has the right to terminate the contract and claim compensation from Party B for the losses suffered.
3. Party B shall ensure that the variety, model, specification, design and quality of the delivered goods conform to the regulations. If they do not conform to the regulations or agreements, Party B shall be responsible for replacement or warranty according to the specific circumstances, and bear the actual expenses paid for repair, replacement or return, and all losses caused thereby, including but not limited to Party A's lost time, shall be borne by Party B.. The materials supplied by Party B must be accompanied by the original factory's material certificate, inspection, test report and related materials. According to Party A's requirements, the goods shall be delivered to the designated location on the construction site and neatly stacked.
4. if party b needs to repair or repack the goods because the packaging does not conform to the contract, party b shall be responsible for repairing or repackaging and bear the expenses incurred. Where Party A demands compensation for losses without requiring repair or repackaging, Party B shall compensate Party A for the difference between the unqualified package and the qualified package. If the goods are damaged or lost due to improper packaging, Party B shall be responsible for compensation.
5. if party b delivers the goods in advance or over-delivers, if its variety, model, specification, design and quality do not conform to the agreement, the expenses of storage and maintenance actually paid by party a during the storage period and the losses not caused by party a's improper storage shall be borne by party B ..
6. if the goods are sent to the wrong destination or consignee, party b shall not only be responsible for transporting them to the destination or consignee stipulated in the contract, but also bear the actual reasonable expenses 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 payment time agreed in the contract after receiving the goods; Party A may refuse to take delivery of the goods if it is agreed in the contract. If Party B fails to deliver the goods, Party B shall negotiate with Party A before delivery. If Party A still needs the goods, Party B shall make up the overdue goods and bear the responsibility for the overdue delivery. If Party A no longer needs the goods, it shall notify Party B within days after receiving Party B's notice, and go through the formalities of canceling the contract. If Party A fails to reply within the time limit, it shall be deemed that Party B has agreed to deliver the goods.
8. Party B should pay attention to safety during the transportation, loading and unloading of goods, and be responsible for any vehicle, personal or other losses. During transportation, Party B shall cover the goods to prevent the environment from being polluted by spilling and dust, and be responsible for cleaning the transport vehicles, and Party B shall be responsible for the losses or fines caused thereby.
9. Party B shall consciously abide by and implement the laws, regulations and provisions on safety production promulgated and implemented by the government and the competent departments of industry, and actively promote the construction of safety production; Party B must respect and obey Party A's existing rules, regulations and management methods on production safety to ensure safe construction; Party B shall be responsible for the safety accidents and losses caused by illegal command or illegal operation. All personnel of Party B shall pay attention to safety when entering the construction site to prevent safety accidents.
1. Others:
Article 11 Force Majeure
If either party is unable to perform the contract due to force majeure, it shall notify the other party within the end date of the force majeure event, so as to reduce the losses that may be caused to the other party. After obtaining the force majeure certificate from the relevant institutions, it is allowed to postpone, partially perform or not perform the contract, and may be partially or completely exempted from the liability for breach of contract according to the circumstances.
article 12 settlement of contract disputes
all disputes arising from the performance of this contract by both parties shall be settled through friendly negotiation. if the parties are unwilling to settle or mediate, or the settlement fails, either party may bring a lawsuit to the people's court of Lianhu District, Xi 'an.
article 13 other matters
1. the liquidated damages, compensation, storage and maintenance fees and various economic losses payable under this contract shall be paid in accordance with the settlement method stipulated by the bank within days after the responsibilities are defined, otherwise it shall be treated as overdue payment.
2. The agreed liquidated damages shall be regarded as damages for breach of contract. If the two parties have not agreed on the calculation method of liquidated damages or advance compensation, the amount of damages shall be equivalent to the losses caused by breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the possible losses caused by breach of contract that the breaching party should have foreseen when concluding the contract.
3. This contract is valid since, and neither party may modify or terminate it.
4. If there are any matters not covered in this contract, both parties shall make supplementary provisions through negotiation, and the supplementary provisions shall have the same effect as this contract.
5. this contract shall come into effect after being signed by the legal representatives, entrusted agents and responsible persons of both parties and stamped with the seal of the company (this contract shall not come into effect if the project manager of party a fails to sign it).
6. this contract is concluded in aerospace xindu, No.7, west section of longshou north road, lianhu district, Xi' an.
7. this contract shall be terminated upon completion of the supply work and settlement of the final payment of materials.
buyer (party a) (signature): supplier (party b) (signature):
legal representative (signature): legal representative (signature):
ID number:
Tel:
bank:
account number:
entrusted agent.
party b: (supplier) signing place:
signing date: year, month and day
through negotiation between party a and party b, according to the relevant provisions of the contract law of the people's Republic of China, the national standard GB/T1492-23 Ready-mixed Concrete and the specific conditions of the project, Party A's commercial concrete is supplied by Party B. In order to clarify the rights, obligations and responsibilities of both parties, this contract is hereby concluded.
1. Supply specification, price and method: project name: delivery address:
Total volume and total price (settled according to actual quantity).
2. mode of supply: the mixer truck delivers the goods to the buyer's site.
3. during the construction of this contract, in case of market price adjustment, what is the adjustment range? Within 2 yuan/Party (including 2 yuan/Party), no adjustment will be made, and the adjustment range exceeds? 2 yuan/Party, only increase or decrease? For the part outside 2 yuan/Party, both parties need to sign a supplementary agreement in advance to determine the price adjustment range, time and engineering quantity.
ii. technical standards:
1. the quality of ready-mixed concrete must comply with GB/T1492-23 ready-mixed concrete and relevant national standards.
2. The experimental results of strength are evaluated according to GB17-87 Standard for Inspection and Evaluation of Concrete Strength.
3. Concrete pumping conforms to HGJ/T1-95 Technical Regulations for Concrete Pumping.
3. Ordering, delivery and acceptance methods:
1. Every time Party A requests goods, Party A shall appoint a special person to inform Party B one day in advance and explain the requirements of engineering parts, construction time, strength grade, quantity and slump, and Party A shall call the supplier again two hours before the designated person requests goods.
2. Party A must designate a full-time receiver and put it on record in writing; After the concrete is delivered to the designated place, a full-time receiver designated by Party A will sign for it, and the stub will be kept as the basis for reconciliation and settlement.
3. Party A increases the amount of concrete used beyond the order: If the construction drawings are changed and the concrete construction on site is out of order, Party A shall contact the supplier by telephone, and Party B shall immediately arrange the adjustment to ensure the quality and quantity of the goods.
4. After the concrete arrives at the site, it must be delivered and accepted, and the concrete test block shall be retained according to the standard. Party A shall carry out standard curing on the test blocks made on site and send them to a unit with testing qualification for testing. The qualified age test shows that the concrete meets the quality requirements.
iv. Confirmation of supply quantity:
1. The settlement is based on the concrete quantity on the delivery note signed by the consignee designated by Party A..
2. Every time there is any discrepancy between the concrete quantity required by Party A and the quantity actually delivered, Party A has the right to ask for weighing. If there is any discrepancy in weighing, both parties shall negotiate on the spot, and Party B shall be responsible for the quantity of the discrepancy.
3. If there is any difference between the quantity of the concrete supplied by Party B to the site and the quantity of the concrete invoice for delivery and acceptance, Party A must immediately notify Party B to confirm and verify, and confirm the actual quantity in writing as an effective basis for price settlement; If both parties fail to reach an agreement, a qualified audit institution shall be invited to conduct an audit, and the audit results shall be used as the basis for calculating the price, and the audit expenses shall be borne by both parties. The volume of reinforcement is not deducted.
V. Method of payment: < p