Contract number: date and place
Lessor: (hereinafter referred to as Party A)
Address telephone
Postal code fax
Lessee: (hereinafter referred to as Party B)
Address telephone
Postal code fax
Party A and Party B voluntarily sign this financial lease contract through negotiation. Once this contract is signed, it is legally binding on both parties, and neither party has the right to terminate the contract unilaterally.
Article 1 Leased items
The leased property refers to the purchase of technical equipment with the contract number. The house is selected by Party B for lease and purchase, and is purchased by Party A through financing.
Article 2 Purchase of Leased Property
1. Party B leases the leased house from Party A in the form of financial lease for lease and purchase; Party A shall finance the purchase of the leased house for Party B according to the above purposes.
2. Party B shall provide Party A with various approval documents and letters of guarantee deemed necessary by Party A..
3. Party B selects the leased items and suppliers according to its own needs, and participates in the order negotiation with Party A; Under the auspices of Party A, Party B shall negotiate with the seller on its own the name, specification, model, quantity, quality, technical standards and quality assurance of the leased goods and other technical equipment clauses in the procurement contract; Party A and Party B reach an agreement with the seller on the commercial terms such as price, delivery date and payment method in the purchase contract; Party A signed the serial number because the buyer and Party B signed the serial number as the lessee.
4. Party A shall be responsible for raising the funds needed to purchase the leased property, handling the import license according to the provisions of the purchase contract, and performing various obligations such as paying the deposit, opening the letter of credit, chartering, booking space, insurance and settlement.
5. Party B shall bear the domestic expenses such as customs duties, consolidated industrial and commercial tax, other taxes and fees, and the opening of letters of credit by banks. Party B shall pay Party A the bank charges and interest payable in advance within the date specified by Party A. ..
Article 3 Delivery of Leased Property
1. After Party A pays the payment and obtains the bill of lading, it will send the bill of lading to Party B by registered mail to complete the delivery to Party B.. Party B shall receive the goods at the port of arrival against the bill of lading. Party B shall not refuse the goods for any reason.
2. After the leased goods arrive at the destination port, the transportation agent of Party A or Party B shall handle the warehousing and delivery procedures. After receiving the goods, Party B shall be responsible for keeping the goods. If Party B fails to pay the customs duties and other payments in time or go through the delivery formalities, it shall notify Party A of the result in writing within 10 days after the commodity inspection.
3. If the seller delays the delivery, and the specifications, models, quantities, quality and technical standards of the leased goods are inconsistent with the contents stipulated in the purchase contract, or quality problems occur during the warranty period of the purchase contract, the seller shall be responsible according to the provisions of the purchase contract. Party B shall not seek recourse from Party A. ..
4. If Party B suffers damage due to the reasons mentioned in the preceding paragraph, Party B shall immediately provide relevant evidence and claim or arbitration scheme, and Party A shall file a claim or arbitration with the seller according to Party B's requirements. The results of claim and arbitration and all expenses arising therefrom shall be borne by Party B. ..
5. No matter what happens above, Party B cannot be exempted from the obligation to pay the rent on time.
Article 4 Term of this Contract and Leaseback Term
1. The term of this contract refers to the period from the effective date of this contract to the date when Party A issues the certificate of ownership transfer of the leased property after receiving all the rents and payables from Party B. ..
2. The lease-back period refers to the period from the date of the lease-back period (when the leased property arrives at the port of arrival, the date indicated in the arrival notice shall prevail) to the date of the last rent payable.
Article 5 Rent
1. Party A contributes to purchase the leased property for Party B, and Party B shall pay the rent to Party A when leasing the leased property.
2. Rent is the sum of the cost of purchasing the leased property and the rental fee.
The cost is the sum of the payment, freight, insurance premium (including property insurance) paid by Party A for Party B to purchase the leased property and deliver it to Party B, as well as the expenses agreed by both parties to be included in the cost and the pre-lease interest (the total interest generated by Party A from the date of payment or actual burden to the date of lease withdrawal).
The rental rate for calculating the rent consists of two parts: the floating interest rate in the international financial market, the financing fee, the risk rate and the reasonable spread payable to Party A. The rental rate determined on the signing date of this contract is the fixed rental rate of this contract, which cannot be fixed during the lease term. The calculation method of foreign exchange interest shall be handled according to the regulations of China Bank.
3. The rent estimation table is the financial budget table when Party A and Party B sign this contract, and its rent is calculated according to the estimated cost and the tentative lease rate, which is temporary. The tentative lease rate of this contract is (currency:)% years.
4. The actual rent payable notice is the basis for Party B to repay Party A's rent, which is calculated according to the actual cost and fixed lease rate during the lease repayment period. When calculating the actual expenses, if the currency paid by Party A is different from the currency of this contract, it shall be calculated by converting the actual exchange rate of Party A into the currency of this contract ... The interest before rent shall be calculated at the fixed lease payment rate.
5. After the actual cost accounting is completed, Party A issues the Notice of Actual Rent Payable to Party B. Except for the calculation error, regardless of whether the leased property is used or not, Party B agrees to pay the rent to Party A according to the date, amount and currency specified in the notice.
6. If Party B cancels the lease in advance, it shall negotiate with Party A one month in advance. After Party A agrees, it can withdraw the lease in advance, but it needs to charge two months' interest.
If Party B fails to pay the rent on time, it shall pay the delayed interest at the rate of 130% of the original fixed lease rate within one month; After one month, 0.005% of the rent owed will be charged for each day in excess.
Article 6 Service fees and security deposit
1. Party B shall pay (currency:) to Party A as the service fee within 15 days after the signing of the procurement contract.
2. Party B shall pay the down payment to Party A within 15 days after signing the house purchase contract according to the provisions of the rent estimation table. The deposit is interest-free and will automatically offset all or part of the down payment rent when it expires.
3. If the purchase contract cannot be executed due to Party B's failure to pay the deposit and service fee in time, Party B shall be responsible for the losses caused thereby.
Article 7 The ownership and use right of the lease item
1. During the term of this contract, the ownership of the leased property belongs to Party A. Unless Party A's written consent is obtained, Party B shall not transfer, sublease, mortgage or invest the leased property in a third party, or infringe the ownership of the leased property in any other way, nor shall it move the leased property away from the facilities recorded in the rent accounting table or allow others to use it.
2. During the term of this contract, the right to use the leased property belongs to Party B. If any third party claims any right to the leased property due to Party A's reasons, Party A shall bear the responsibilities. Party B's right to use is not affected by this.
3. During the term of this contract, Party B shall be responsible for the repair and maintenance of the leased house and bear all its expenses. Party A has the right to inspect the use and maintenance of the leased premises when it deems appropriate, and Party B shall provide convenience for Party A's inspection. If necessary, the lease item maintenance contract shall be signed by Party B and the seller or the original manufacturer, or by Party A on behalf of Party B. If it is necessary to replace the parts of the lease item, only the parts provided by the original manufacturer can be used for replacement without Party A's written consent. ..
4. All expenses and taxes (except profit income tax payable by Party A) arising from the leased property itself, its setting, storage, use and delivery of rent shall be borne by Party B. ..
5. If the third party is damaged due to the lease item itself, its setting, storage and use, Party B shall be liable for compensation.
Article 8 Loss and damage of the lease item
1. During the term of this contract, Party B shall bear the risk of loss or damage to the leased property.
2. If the leased property is lost or damaged, Party B shall immediately notify Party A, and Party A may choose one of the following methods, and Party B shall be responsible for handling it and bear all expenses.
(1) Restore or repair the leased property to a completely normal state;
(2) Replace the items with the same status and performance as the leased items.
3. If the leased property is lost or damaged beyond repair, Party B shall compensate Party A according to the loss compensation amount recorded in the Notice of Actual Rent Payable. When Party B pays damages and other payables to Party A, it shall be handled according to Article 13 of the Contract.
Article 9 Insurance
1. Party A shall, from the date of lease-out, insure the leased property with the CIF price of the house purchase contract and the currency specified in this contract, and keep it valid during the lease-out. The insurance premium shall be borne by Party B and included in the actual cost.
2. After the accident, Party B shall immediately notify Party A and provide all necessary documents so that Party A can get the insurance money.
3. The insurance premium that Party A will receive shall be handled according to one of the following principles agreed with Party B:
(1) as the payment of the expenses required in Item (1) or Item (2) of Paragraph 2 of Article 8;
(2) Paragraph 3 of Article 8 and other payments that Party B shall pay to Party A. ..
If the insurance premium is not enough to pay any of the above payments, Party B shall make up for it.
Article 10 Breach of this Contract
1. If Party A fails to fulfill the obligations stipulated in Paragraph 4 of Article 2 of this Contract, resulting in the delay in delivery of the leased property by the seller, Party A shall be responsible for paying the interest of Party A during the overdue payment period for purchasing the leased property.
2. If Party B fails to pay the rent or violates other terms of this contract, Party A has the right to require Party B to pay the rent and other expenses immediately; Or take back the leased property and dispose of it by itself, and the proceeds will be used as the rent and delay interest payable by Party B, and the insufficient part will be compensated by Party B. Although Party A has taken the above measures, it does not exempt Party B from other obligations stipulated in this contract.
Article 11 Transfer and mortgage of Party A's power
During the validity period of this contract, Party A has the right to transfer all or part of the rights granted to Party A in this contract to a third party, or provide the leased property as collateral, without affecting Party B's rights and obligations under this contract.
Article 12 Handling of major changes
1. If Party B stops business, production, merger, division or bankruptcy, Party A shall immediately notify Party A, and Party A may immediately take the measures specified in Article 10 of this contract.
2. The change of the legal address and legal representative of Party B and the guarantor will not affect the performance of this contract, but Party B and the guarantor shall notify Party A immediately.
Article 13 Transfer of ownership of the leased property
After Party B pays all the rent and other payments to Party A, it will pay the remaining value of the leased house to Party A, and Party A will issue a certificate of ownership transfer of the leased house to Party B, and the ownership of the leased house will be transferred to Party B. ..
Article 14 Guarantee
Party B entrusts Party B as the guarantor of this contract, and the guarantor issues an irrevocable lease guarantee letter to Party A. ..
Party B is responsible for handing over a copy of this contract to the guarantor.
Article 15 Settlement of disputes
All disputes related to this contract shall be settled by both parties through friendly negotiation according to the provisions of this contract. If negotiation fails, the following methods shall be adopted:
(1) submitted to the Economic Contract Arbitration Commission of Beijing Administration for Industry and Commerce for arbitration;
(2) Bring a lawsuit to the people's court in the place where this contract is signed.
Article 16 Modification of this Contract
Any modification, supplement or change to this contract shall be made in writing and signed by the entrusted agents of both parties. These modifications, supplements or changes shall be regarded as an integral part of this contract.
Article 17 An indispensable annex to this contract
1. Power of Attorney for Financial Leasing
2. Irrevocable rent guarantee
3. Purchase contract
4. Rent estimation table
5. Notice of actual rent payable
6. Approval documents and certification materials provided by Party B. ..
Article 18 This contract comes into effect.
This contract shall come into effect after being signed by the entrusted agents of both parties. The original of this contract is in duplicate, with each party holding one copy.
Party A: Party B:
Authorized Agent: Authorized Agent: