Supplier: (hereinafter referred to as Party A) Demander: (hereinafter referred to as Party B)
1. Product name, specification, model, unit, quantity, unit price and amount: RMB (yuan)
Second, quality assurance: original packaging and original standard.
Three. Place and method of delivery: the supplier is responsible for delivery to the location of the buyer's company, and both the supplier and the buyer * * * accept and sign for confirmation.
4. Delivery date: within one week from the date of signing the contract.
5. Product warranty responsibility: the mainframe is guaranteed for 24 months from the date of delivery and acceptance, except for the damage caused by man-made and force majeure. After the warranty period expires, the supplier is responsible for using the original parts for paid maintenance.
6. Payment method: 80% of the total amount will be paid on the day the goods arrive, and the remaining 20% will be paid within ten days.
Seven. Liability for breach of contract: the supplier shall pay the liquidated damages of 1‰ of the total contract price for each day overdue, and the buyer shall pay the liquidated damages of 1‰ of the total contract price for each day overdue.
Eight. Other agreed matters: In case of any dispute during the execution of the contract, both parties shall settle it through friendly negotiation.
Nine. This contract is made in duplicate, one for each party.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Model format of goods sales contract
The Seller: _ _ _ _ _ _ (hereinafter referred to as Party A) and the Buyer: _ _ _ _ _ _ (hereinafter referred to as Party B).
This is the sale of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Party A is willing to sell _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 The price of goods is agreed to be RMB _ _ _ _ _ _ _ _ _ yuan per package (or subject to the market price at the place of delivery on the delivery date).
Article 3 Party B shall pay the payment to Party A within _ _ _ _ _ days from the delivery date, without delay or shortage.
Article 4 If Party A fails to deliver the goods on the due date, or can only deliver part of them, it shall notify Party B that the extension date is _ _ _ _ _ _ _ _ _ _ _ _.
Article 5 If Party A fails to deliver the goods within the specified time limit and fails to notify Party B in accordance with the provisions of the preceding article, Party B may set a date for expediting delivery. If Party A fails to deliver the goods within the specified time limit, Party B may terminate the contract.
Article 6 If Party A is unable to deliver the goods on schedule or in part due to natural disasters or other force majeure, it may postpone the delivery to _ _ _ days after the reasons for the non-delivery are eliminated.
Article 7 The payment date of Party B shall be subject to the delivery date of Party A. ..
Article 8 If Party B's overdue payment date is not the payment date, Party A may demand payment within a time limit, and demand that the overdue interest be calculated at the rate of 100 yuan per day from the agreed payment date to the payment date.
Article 9 If the goods delivered by Party A are unqualified, inferior in quality or short in quantity, Party A is obliged to make up, exchange or reduce the price.
Article 10 When Party B discovers that the crystal of the goods is defective, it shall immediately notify Party A and require Party A to fulfill the obligations stipulated in the preceding article within a time limit. If Party A fails to perform its obligations, Party B can not only terminate the contract, but also claim damages, and Party A has no objection.
Article 11 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, it shall be settled in the following _ _ _ _ _ _ _ way:
(a) submitted to the _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(two) to the people's court according to law.
Article 12 Other agreed matters: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
This agreement is made in duplicate, one for each party.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Model format of goods sales contract
Seller: (hereinafter referred to as Party A) Address:
Legal representative:
Buyer: (hereinafter referred to as Party B)
Domicile:
Legal representative:
According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B, on the basis of equality and voluntariness, have reached the following sales contract terms on Party B's purchase of Party A's products through full consultation.
I. Product name, model and quantity
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.
Second, product quality.
1, quality standard:
2. Party B's special requirements for product quality:
3. Party B's special requirements for product packaging:
4. If Party B has any objection to the product quality, it shall raise a written objection within five days after receiving the product and notify Party A; If no objection is raised within the time limit, it shall be deemed that the quality of Party A's products meets the requirements agreed in this contract. However, if Party B uses Party A's products, it shall be deemed that Party A's products meet the requirements stipulated in the contract, and there is no such time limit.
Third, the product price.
1, product unit price and total price:
The tax-included price of the above goods is RMB _ _ _ _, and the total price is RMB _ _ _ _.
2. The packaging fee, transportation fee, insurance fee and expenses incurred during delivery of Party A's products shall be borne according to the following agreement:
(1) The packaging of Party A's products shall be provided by _ _ _, and the packaging expenses shall be borne by _ _ _ _.
(2) The transportation of Party A's main products shall be handled by _ _ _ _, and the transportation expenses shall be borne by _ _ _ _.
(3) The insurance of Party A's products shall be handled by _ _ _, and the insurance expenses shall be borne by _ _ _.
(4) The up-and-down expenses of Party A's products shall be borne by _ _ _ _ _.
(5) Party B shall pay the above fees to Party A in one lump sum before Party A delivers the goods.
Fourth, product delivery.
Risk warning: time limit, place and method of performance.
The time limit, place and method of performance should be clear. Whether the performance method is delivery or self-delivery, it 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 "performance is completed within one month", but there is no stipulation on when to calculate a month, which will easily lead to ambiguity between the two parties and make favorable explanations for themselves; If the time limit is clearly stated and agreed to be fulfilled before a certain day of a certain year, a certain month, a certain day, ambiguity will be avoided.
(1) The delivery method of Party A's products is: Party B takes delivery, Party A delivers, and Party A consigns.
Risk warning: delivery place
The "delivery place" 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 accordingly. 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.
(2) The place of delivery of the products is the location of Party A, and the delivery time is _ _ _ days after the contract comes into effect. If Party B has special requirements for Party A's products, Party A shall deliver the products within _ _ _ _ days after Party B provides relevant confirmation documents. However, if Party B fails to pay as agreed, Party A has the right to refuse delivery, and if Party B fails to provide the corresponding documents in time, Party A has the right to postpone delivery.
(3) If Party A breaches the contract and fails to deliver the goods in time within the time limit stipulated in the contract, the risk of product loss or damage shall be borne by Party A; If Party A refuses or delays the delivery of the product after delivery or Party B breaches the contract, the risk of loss or damage of the product shall be borne by Party B. ..
Verb (abbreviation for verb) price settlement
Risk warning: Pay the 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) Party B shall pay USD _ _ _ _ _ _ _ _.
(2) Party B shall pay the price to Party A by cash, cheque or bank acceptance at sight.
(3) Both parties agree that the ownership of Party A's products still belongs to Party A before Party B pays off all the payment.
Dissolution and termination of intransitive verb contract
The performance of this contract can be terminated through negotiation between both parties. If one party breaches the contract fundamentally, the other party has the right to terminate the contract, but it shall notify the other party in writing in time.
Seven, business secrets
(1) All information of Party A (including technical information and commercial information, etc.). ) belongs to Party A's business secrets.
(2) In case of termination or dissolution of this contract for any reason, Party B agrees to keep confidential the business secrets of Party A that it learned during the signing and performance of this contract. Party B shall not use or disclose Party A's business secrets without Party A's written consent or in order to fulfill its obligations under this contract.
(3) If Party B violates the above agreement, it shall compensate Party A for all the losses suffered as a result.
Eight. responsibility for breach of contract
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 stipulate that "breach of contract and payment of liquidated damages of 654.38 million yuan" 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.
After the signing of this contract, if either party breaches the contract, it shall bear the penalty of RMB yuan. If the liquidated damages are insufficient to make up for the losses of the observant party, the breaching party shall compensate all the losses caused to the observant party (including direct losses, losses of available benefits and expenses for claiming rights, etc. ).
Nine. force majeure
(1) If the contract cannot be performed due to force majeure factors such as fire, war, strike and natural disasters, both parties shall terminate the performance of the contract and bear their own losses. After the force majeure disappears, if both parties need to continue to perform the contract, both parties shall negotiate separately.
(2) The party that terminates the performance of the contract due to force majeure shall provide the other party with the certificate issued by the competent department within _ _ _ days after the event, and notify the other party in time. If the loss is enlarged due to failure to fulfill the notification obligation, the party at fault shall be liable for compensation.
X. Other agreed matters
(1) During the performance of the contract, any notice sent by Party B's contact person or authorized representative to Party A is binding on Party B and irrevocable.
(2) During the signing or performance of this contract, without the written consent or confirmation of Party A, the personal loan granted by Party B to any personnel of Party A does not constitute the advance payment or paid amount paid by Party B to Party A. ..
(3) If Party B's contact address and telephone number are changed, it shall notify Party A in time. Before Party B notifies Party A, if Party A fails to contact Party B according to the contact information listed in this contract, Party B shall bear corresponding responsibilities.
(4) For matters not covered in this contract, both parties shall sign a supplementary agreement separately, which shall have the same legal effect as this contract.
(5) When signing this contract, Party B shall provide Party A with the certification documents of its legal operation as an annex to this contract.
(6) When signing this contract, the contract annexes confirmed by both parties are an integral part of this contract and have the same legal effect as this contract.
XI。 Dispute mediation
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.
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit shall be brought to the local people's court of Party A for settlement.
Twelve. express terms
Party A and Party B have fully read the terms of this contract, fully understand the true meaning of each term, and are willing to sign and abide by all terms of this contract.
Thirteen. This contract shall come into effect after being sealed by both parties or signed by authorized representatives.
Risk warning: evidence retention
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. Once there is a dispute, these evidences may become powerful factual evidence.
Fourteen This contract is made in duplicate, with each party holding one copy.
Party A:
Entrusted agent:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B:
Entrusted agent:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Model format of goods sales contract
_ _ _ _ _ _ _ _ is the seller and _ _ _ is the buyer. Both parties agree to buy and sell _ _ _, with the following terms: 1, and the contract commodity: _ _ _ _ _
2. Country of origin: _ _ _ _
3. Quantity: _ _ _
5. Contract price: _ _ _ _
6. Packaging: _ _ _
7. Payment terms: After signing the contract, the buyer shall open a confirmed, irrevocable, divisible, transferable and non-recourse letter of credit in favor of the seller within 7 banking days.
8. Shipment: The shipment shall be completed within 45 days after the seller receives the buyer's letter of credit. If the ship ordered by the buyer fails to arrive on time for loading, the seller has the right to claim damages/delay fees from the buyer according to the provisions of this contract, but the amount is limited to% of the total amount. Therefore, the buyer needs to provide a bank guarantee to the seller.
9. Deposit: The seller shall pay _ _% deposit or bank guarantee to the buyer within 14 banking days after receiving the buyer's letter of credit. If the seller fails to perform the contract, the buyer will confiscate the deposit.
10. Documents to be attached: The seller shall provide the buyer with:
(1) Full set of clean bills of lading;
(2) Signed commercial invoice in quadruplicate;
(3) Certificate of origin;
(4) packing list;
(5) Other main documents required for export.
1 1. shipping notice: the seller shall notify the buyer of the shipping conditions by cable at least 14 days before the stipulated shipping time. The buyer or his agent shall inform the seller of the expected time of arrival of the loading ship at the loading port.
12. other terms: the inspection of quality, quantity and weight can be carried out once at the loading port. If other required documents are needed, the handling fee and consular visa fee shall be borne by the buyer.
13. Delivery time: 65438+ 03: 00 the same day or 8: 00 the next day.
14. loading efficiency: except sundays and holidays, each hatch loads _ _ cubic tons of goods every weather working day.
15, delay fee/penalty for slow loading and unloading: for _ _ _ _ _ dwt ships, _ ____u, s, d,.
16. Force Majeure: If the execution of the contract is affected by typhoon, earthquake and force majeure agreed by both parties, the duration of delaying the contract shall be equivalent to the time affected by the accident.
Buyer: _ _ _ Seller: _ _ _
Witness: _ _ _ Witness: _ _ _
Date: _ _ _ Date: _ _ _
5. Model format of goods sales contract
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Through negotiation between the Buyer and the Seller on the principle of equality and mutual benefit, the following terms of the fee agreement are reached and jointly performed:
Article 1: Name of goods: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2: Origin: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3: Quantity: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4: Trademark: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5: Price: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6: Packaging: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 7 Terms of payment: The buyer shall open a confirmed, irrevocable, divisible, transferable and non-recourse letter of credit in favor of the seller within 7 banking days after the signing of the contract.
Article 8: Shipment: The shipment shall be completed within 45 days after the seller receives the buyer's letter of credit. If the ship ordered by the buyer fails to arrive at the loading place on time, the seller has the right to claim damages/delay fees from the buyer according to the provisions of this contract, but the amount is limited to% of the total amount. Therefore, the buyer needs to provide a bank guarantee to the seller.
Article 9: Deposit: The seller shall pay _ _ _% deposit or bank guarantee to the buyer within 14 banking days after receiving the buyer's letter of credit. If the seller fails to perform the contract, the buyer will confiscate the deposit.
Article 10: Documents to be attached: The Seller shall provide the Buyer with:
1, full set of clean bills of lading;
2. Signed commercial invoice in quadruplicate;
3. Certificate of origin;
4. Packing list;
5. Other main documents required for the export of _ _ _ _ _.
Article 11: Shipping Notice: The seller shall notify the buyer of the shipping bill by telegram at least 14 days before the stipulated time of shipment, and the buyer or his agent shall notify the seller of the expected time of arrival of the shipping vessel at the loading port.
Article 12: Other
Terms: The inspection of quality, quantity and weight can be carried out once at the port of shipment. If other required documents are needed, the handling fee and consular visa fee shall be borne by the buyer.
Article 13: Time of shipment:
Article 14: Loading efficiency: Every weather working day, except Sundays and holidays, every hatch has _ _ _ _ _ _ cubic meters (tons) of goods.
Article 15: liquidated damages for late delivery/slow loading and unloading: applicable to _ _ _ _ _ _ _ _.
Article 16 Force Majeure: If the execution of the contract is affected by typhoon, earthquake and force majeure agreed by both parties, the time limit for delaying the contract shall be equivalent to the time affected by the accident.
Article 17: settlement of contract disputes:
Article 18: This Contract is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Seller: _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _