In a progressive society, we use contracts more and more, which is a very important factor in the development of enterprises. So what should we pay attention to when concluding a contract? The following are the coal mine contracts I collected for you. Welcome to share.
Coal Mine Contract 1 Party A:
Party B:
According to the Contract Law of People's Republic of China (PRC) and the regulations of coal industry, Party A and Party B have reached the following contract through friendly negotiation on the principle of mutual benefit, fairness and justice.
Article 1 Rights and obligations of both parties
I. Rights and obligations of Party A
1. Provide Party B with a safe production environment and necessary living facilities.
2, responsible for production safety management, harmful gas detection, engineering quality and technical guidance, supervision and management, engineering quality acceptance.
3, responsible for the calibration of roadway waist line, the preparation, modification and implementation of operation procedures, safety technical training.
4. Settle the salary payable to Party B every month.
Two. Rights and obligations of Party B
1, responsible for organizing production personnel, unconditionally obeying Party A's management, and observing mine rules and regulations and disciplines. No child laborers, the elderly, the sick and the disabled, and no suspects are allowed.
2, responsible for the transportation and installation of safety equipment, facilities, mechanical and electrical equipment, and the correct use and management in accordance with the provisions.
3. Strictly follow the engineering quality standards and safety production requirements formulated by Party A. ..
4. Put an end to illegal command, illegal operation and violation of labor discipline.
5. Party B shall bear the expenses of vulnerable and consumable goods, such as shooting lines, protruding heads, shovels, hammers, drill bits, iron wires, small wheels, labor protection articles, etc.
6, take good care of coal mine property, manage the equipment in charge, and compensate for losses or man-made damage.
7, actively organize employees to participate in all kinds of safety training activities organized by the mine.
8. Personnel with special types of work shall hold relevant certificates, and the personnel training fee shall be borne by Party A, and the lost time fee shall be subsidized by Party A according to the daily 30 yuan, and the insufficient part shall be funded by Party B. ..
9. Undertake all obligations stipulated in Article 4 "Safety Management" of this contract.
Article 2 Contents and prices of contracted projects (these Provisions are attached separately)
Article 3 Method of project payment settlement
Party A shall organize relevant personnel to conduct a comprehensive acceptance of Party B's project every ten days and settle accounts once a month. Party A shall review Party B's salary table, and Party B shall ensure that wages are paid to employees in time, and shall not default on employees' wages.
Article 4 Safety management
1. When signing this contract, Party B shall pay risk of mortgage dollars (in words) to Party A, and deduct 3% of the total amount from Party B's project settlement funds every month from the first month of project settlement. The safety risk fund and safety deposit shall be used for personal accident treatment. In addition, 1000 ~ 1500 yuan mutual fund for serious illness shall be withdrawn every month from the month when Party B has serious injuries and above accidents, so as to subsidize the risk premium and the insufficient margin.
2. In case of an accident, Party B shall report to the dispatching room by telephone in time to clarify the cause of the accident and personal injury, so that Party A can actively organize rescue. According to the requirements of Party A, organize relevant personnel to hold an accident analysis meeting to find out the cause of the accident and divide the responsibility for the accident.
3. In case of any of the following eleven circumstances, Party B shall take full responsibility for the accident, and Party B shall take full responsibility for the treatment expenses of the casualties and all other expenses:
(1) Party B violates the "three disciplines", illegal command, illegal operation and labor discipline;
(2) When the geological conditions of the underground work site change or there are signs of sudden surge, the dispatching room will not be reported and the operation will be risky;
(3) Party B's staff destroys underground ventilation facilities and gas monitoring facilities;
(4) Party B conceals that the sick person goes to work due to illness or stops work due to illness in advance, which will aggravate the illness;
5. Party B recruits new workers privately without reporting safety training to Party A, and goes underground to use people over 55 years old privately;
[6]. Party B's workers touch and touch electrical equipment that is not within their responsibilities, resulting in electric shock and extrusion;
(7) Party B's workers illegally enter blind alleys, coal caves, water warehouses, Laotang District and caving areas, or walk alone in non-own work areas, driving in inclined alleys, picking cars, pedaling cars, jumping cars, taking belts and valves, and illegally shooting and misfiring;
(8) Party B does not adhere to the system of team leader (vice-captain) and squad leader, and the workers are disorganized and undisciplined in their work, or they do not study, implement, evaluate and sign the operating rules and post operating rules one by one, resulting in ignorance and recklessness of the workers;
Levies, Party B's workers do not use temporary support, knock on the roof carelessly or the project quality is unqualified, resulting in roof rock caving and support collapse;
⑽. Party B does not insist on "three guarantees and four guarantees", which leads to the lifting of sports cars in inclined lanes;
⑾. Party B fails to operate according to the coal mining technology and quality standards specified by Party A, resulting in unqualified project quality, resulting in roof caving and support collapse;
4. If personal injury is caused by one of the following four circumstances, Party B shall bear all the responsibilities, and Party B shall bear the treatment expenses and all other expenses of all casualties:
(1) Party B violates the management system of initiating explosive devices, resulting in the theft of initiating explosive devices due to improper storage, thus causing a case in society;
(2) Party B's workers pull wires in the dormitory privately and burn coal stoves privately, causing electric shock, fire or gas poisoning;
(3) Party B's workers go home after work without resting in the dormitory arranged in the mine, causing accidental personal injury after leaving the mine door;
(4) Other personal accidents caused by Party B's workers for personal reasons;
5. In strict accordance with the responsibility ratio determined by the accident analysis meeting, Party A and Party B shall share the expenses required for handling the accident equally.
6. If the accident cost is less than 3,000 yuan (including 3,000 yuan), Party B shall handle it by itself, and both parties shall bear 50% of the excess.
7. The unused security risk fund and security deposit will be returned to Party B in one lump sum at the end of the year, and the withdrawal of the serious illness mutual fund will be stopped after all the accidents are handled.
Article 5 Other agreements
1. Any rationalization proposal put forward to Party A has obvious effect after being adopted by Party A. After research, the starting price of 300 yuan will be awarded every time.
2. Find potential safety hazards, deal with them decisively, and take effective measures to effectively avoid accidents. After investigation and study by Party A, the starting price of 300 yuan will be awarded each time.
Article 6 Liability for breach of contract
I. Party B's liability for breach of contract
1. If the project quality is not in conformity with the contract, it shall be responsible for repair or rework.
2. If the project cannot be delivered within the time stipulated in the contract due to Party B's responsibility, Party B shall compensate 20% of the general contracting cost of the project as overdue penalty.
3. If there are quality problems during the warranty period, Party B shall repair them within 2 days after receiving the notice from Party A, otherwise Party A has the right to invite other construction units to repair them, and the repair costs and other joint expenses arising therefrom shall be borne by Party B..
Second, Party A's liability for breach of contract
1. If Party B fails to perform the responsibilities stipulated in the contract, it shall compensate for the actual losses caused by the delay in the completion date.
2. If the project is stopped or postponed due to Party A's reasons, or the project is reworked due to design changes or design errors, measures shall be taken to make up or reduce the losses and compensate Party B for 200 yuan/day.
3. If the project is not accepted, Party A will use it in advance or use it without authorization, and Party A will be responsible for the quality or other problems arising therefrom.
3. If Party B commits any of the following acts, Party A has the right to unilaterally terminate the contract and demand Party B to compensate for the losses caused to Party A:
1, disobeying the management of Party A;
2, the project quality can not meet the standard requirements, refused to rectification;
3. The project footage or output cannot complete the tasks assigned by Party A for 5 consecutive days;
4. Gathering people to make trouble;
5. Other behaviors that cause losses to Party A. ..
Article 7 Dispute settlement measures
Any dispute arising from the performance of this contract shall be settled by both parties through consultation in time. If negotiation fails, you may apply to the higher authorities for mediation. If negotiation fails or mediation fails, both parties agree to arbitrate by xinmi city Labor Arbitration Commission. If a lawsuit is brought to the court, both parties agree to be under the jurisdiction of xinmi city People's Court.
Article 8 This contract shall come into effect after being signed and sealed by both parties, and shall be valid for one year (unless the project ends in less than one year, unless the construction team needs to mine on schedule). Matters not covered in this contract shall be settled by both parties through consultation.
Article 9 This contract is made in triplicate, each party holds one copy, and the project supervisor holds one copy, all of which have the same legal effect.
Party A (signature): Representative (signature):
Party B: Representative (signature):
Signing time: year month day
Coal Mine Contract 2 Party A:
Party B:
According to the Contract Law, Company Law and other relevant laws and administrative regulations, the mining and construction of the No.1 lead-zinc mine. This contract is hereby made for the excavation and mining of Well X, a subsidiary of XX United Co., Ltd., and it is hoped that both parties will abide by it.
I. Contents of the Agreement
Party A contracted the No.1 lead-zinc mine adit XXXX Company to Party B for adit mining, and Party B was responsible for organizing personnel to carry out the construction. Party A excavates the adit and all ancillary works manually and manually. Now Party A and Party B have reached an agreement through consultation that Party A will contract out the construction to Party B, and Party A will contract out the construction to Party B according to the tonnage and tunnel footage m, and pay all the excavation fees for the construction tunnel on a monthly basis.
Second, the scope of contracting:
Party A shall be solely responsible for compensating Party B for all investment losses caused by disputes over the ownership of regional forest trees in all areas contracted by XXXX Company.
Three. Unit price and settlement of labor costs
65438+ If Party A fails to pay the project valuation on time or delays the payment of the recipient's valuation, causing losses to Party B, Party B has the right to stop work and claim all losses from Party A ... The unit price of lead and zinc per ton is 1. Within 40,000-20,000 yuan, the future price will follow the market, and both parties will negotiate price adjustment.
3. The pricing basis of Party A and Party B shall be subject to the signature of the management personnel appointed by both parties on site.
Fourth, management methods.
1. Party A is responsible for coordinating the surrounding relations, handling and coordinating all disputes and the harmony and safety of local people, livestock, roads and nature, and coordinating Party B's overall construction work. Party B shall be fully responsible for the construction and production work, and educate the construction personnel on safe production and civilized construction.
2. In the production process, Party B's employees must receive safety education. Party B shall attach great importance to the hidden dangers of safety accidents and eliminate them in time. When Party B enters the mine, the drilling and blasting personnel must be carried out by skilled personnel, and unskilled personnel shall not be employed for drilling and blasting. Party B shall assign professionals to remove dangerous stones, carefully observe the geological structure, eliminate possible collapse accidents in time, and ensure the life safety of construction personnel. In case of industrial accident liability, Party A and Party B shall compensate and handle the industrial accident expenses according to relevant regulations.
3. Party A is responsible for purchasing blasting materials and all mechanical equipment and materials needed for mining, and providing them to Party B.. In order not to affect Party B's production, Party A shall ensure that blasting materials are provided to Party B on time. The explosive materials used by Party B will be deducted from the project payment and paid to Party A according to the actual quantity used. Party A shall be responsible for others.
4. As the mine owner, Party A has legal procedures for mining mines within the mining scope contracted by Party B, and is responsible for ensuring the three links and one leveling of Party B.. Provide convenience for Party B's production.
5. Party A shall be responsible for compensating Party B for all losses caused by Party A's non-cooperation in the construction process. Everyone's off-duty fee is 120 yuan/day to compensate all other losses.
5. Party A shall be responsible for the destruction of forests, grasslands, trees and vegetation, environmental protection, natural disasters, mudslides and other losses in the process of excavation, which has nothing to do with Party B. ..
6. Construction of various facilities, which shall be occupied by Party A in coordination. If losses are caused by improper cooperation, Party A shall be responsible for compensation.
Seven. The term of this contract is years, from to. After the expiration of the contract, Party B and Party A will continue to extend the contract.
Eight. Party A must keep the integrity of the tunnel area and shall not subcontract it to other parties.
Nine. Liability for breach of contract:
Greece and Greece abide by the agreement and fulfill the agreed terms. Can't breach the contract, in case of breach of contract, the breaching party shall compensate the observant party for all losses and punish the observant party with a penalty of 300,000 yuan.
X this agreement is made in triplicate, one for each party and one for the company, all of which have the same legal effect.
XI。 Matters not covered in this contract shall be settled by both parties through consultation and a supplementary agreement shall be signed. If negotiation fails, it shall be decided by the court in the place where the contract is signed or where Party B has his domicile.
Twelve. This agreement shall come into force as of the date of signature by the representatives of both parties.
Representative of Party A:
Representative of Party B:
Signing place:
date month year
Coal Mine Contract 3 Party A:
Party B:
Party A and Party B, in accordance with relevant national policies, laws and regulations and in line with the principles of mutual benefit, fairness and justice and common development, hereby conclude the Contract as follows:
First, the mode of cooperation
After the completion of the mine infrastructure, Party B will set up a project department to manage the safety, production and technology of the mine as a whole, and the cost will be calculated at the unit price of tons of coal. Party A is responsible for coal sales in mines, coordinating local relations and supervising Party B. Party B shall reasonably arrange and use supporting facilities such as office, living and residence of employees.
Party B shall submit to Party A a document for establishing the project department. ..
Second, the scope of responsibilities
Party B shall organize production and be responsible for the following contents: the cost of excavation and mining materials involved in underground raw coal mining; Maintenance fees for transportation, ventilation, power supply, drainage, compressed air, gangue selection and spare parts and consumables; Fees for the use of machinery other than the equipment provided by Party A; Evacuation fee for coal mining face; Roadway maintenance fee; Electricity bill; Waste discharge fee; Ventilation facilities fee; Office expenses; Instrument calibration fee; Equipment inspection fee; Training fee; Insurance premium; Hospitality; Wages of employees within the jurisdiction of Party B. ..
Third, the unit price per ton of coal.
Among them, the safety fee of RMB/ton is deducted by Party A at the time of monthly settlement to prevent and deal with major safety accidents, and it will not be withheld when the safety fee of RMB 10,000 is deducted. If there is no major safety accident during the contract period, Party A shall return it to Party B within two months after the termination of the contract. In the event of a major safety accident, the balance after deducting the accident handling fee shall be returned to Party B within two months after the expiration of the contract, and the insufficient part shall be made up by Party B..
Four. Contract terms
The term of the contract is years, and the starting time is that after the expiration of the contract, Party B has the priority to contract.
Verb (abbreviation for verb) measures, accounts and pays.
1, output acceptance on 26th of each month.
2. Mining height measurement method: on the sidewalk of the working face, measure a mining height every ten meters, and the mining height is the average value of the measurement points.
3. When the mining height of the working face changes, Party B shall promptly report it to Party A's supervisor for confirmation as the basis for calculating the output.
4. Settle according to the output confirmed by both parties, and calculate each coal seam according to the corresponding output and unit price.
5. Pay the settlement money to Party B in full before 20th of the next month after acceptance.
The rights and obligations of the intransitive verb Party A and Party B:
1. Rights and obligations of Party A
(1) Party A is responsible for supervising Party B, and has the right to supervise and manage Party B's mining, safety, project quality, project progress and resources, and promptly correct the problems existing in Party B's safety production.
(2) Keep the certificates, approvals, drawings, technical data and other production-related materials that should be available in the mine. Provide Party B with relevant basic information.
(3) Pay the settlement money to Party B as agreed.
(5) Party A shall provide Party B with office space, staff dormitory, canteen, bathhouse (locker), dispatching room, meeting room of district team and production warehouse.
(6) Have the obligation to keep Party B's business secrets.
(7) Have the right to record and review the personnel within the jurisdiction of Party B, and Party B shall be responsible for handling those who do not meet the employment conditions.
2. Rights and obligations of Party B
(1) enjoys the legal right to use the mining equipment and facilities provided by Party A; Due to poor management, improper use, inadequate maintenance or man-made damage, compensation must be made and corresponding punishment given.
(2) Equipped with safety production management personnel, special operations personnel, department heads, construction personnel and logistics support personnel as required.
(3) Work in strict accordance with the relevant laws and regulations of coal mines and the provisions of higher authorities. Party B shall be responsible for the fines caused by the daily inspections of the higher authorities, mine supervisors and group companies.
(5) Have the right to legally obtain settlement funds.
(6) bear all expenses agreed in the contract.
(7) Construction operation procedures, safety technical measures, emergency plans, construction operation plans, drawings, etc. Party B shall submit it to Party A for review in time.
(8) Have the obligation to keep Party A's business secrets;
(9) Have the obligation to design and construct according to the mine field to ensure the engineering quality;
(1 1) Party B normally uses the living conditions and facilities provided by Party A,
(12) Party B must pay the employee's salary on time and shall not default.
(13) Party B shall not stop work or work passively without reason, or Party B's employees shall take improper measures such as noise and threats, otherwise all consequences shall be borne by Party B. In case of any dispute, both parties shall solve it through legal channels.
(14) has the right to independently construct and organize production according to the contract.
(15) Party A has the right to independently organize and allocate human resources upon examination and filing by Party A; Party B has the right to independently arrange production, control funds, allocate economy and arrange personnel.
(19) Party B is responsible for miner's lamps, self-rescuers, labor protection articles, tile detectors and surveying and mapping instruments.
Seven. Supervision and management
(1) safety supervision
1, in strict accordance with the relevant laws and regulations of the coal mine and the provisions of the higher authorities.
2. Party B shall abide by the management system and rules and regulations of Party A..
3. If Party B's mismanagement endangers safety in production, it must stop production and rectify, and all losses caused thereby shall be borne by Party B. ..
(2) Quality supervision
1. Party B must establish a perfect quality inspection system, with a special person in charge, and carry out the construction in strict accordance with relevant regulations.
2. Party B must inform Party A's supervisor of the hidden part of the project, which can only be carried out after inspection and approval.
3. The quality of the project reaches the Standard for Quality Inspection and Evaluation of Coal Mine Roadways, so as to achieve excellence. If the monthly project quality acceptance does not meet the requirements, Party B must rework all unqualified projects, and if it fails to rework on time, it will be punished according to regulations.
4. During the normal production of the mine, Party A shall organize the standardized acceptance of safety and quality every month, and Party B must reach the second level of safety and quality standardization in Shanxi Province and strive to reach the first level. If the monthly mine safety quality standardization fails to reach Grade II, it must be rectified on schedule; if it fails to rectify on schedule, it will be fined at one time100000 yuan.
5. Party B shall strictly implement the drawings provided by the design department or approved by Party A, and shall not change the supporting form at will. According to the actual situation, when the support form needs to be adjusted, both parties shall negotiate.
(3) Resource supervision
Party B shall prepare annual production plan and monthly production plan and submit them to Party A, and organize production according to the adjusted operation plan of Party A. ..
(4) Equipment supervision
1. Party B shall take good care of the equipment and facilities and shall not intentionally damage them. If the equipment and facilities are damaged due to Party B, Party B shall be responsible for compensation or maintenance.
2. Party B shall maintain and inspect the equipment according to regulations, and notify Party A for supervision in case of any abnormality. If the equipment is damaged due to improper maintenance and repair by Party B, Party B shall be responsible for compensation. ..
Eight, construction equipment, materials
1. All expenses incurred by the equipment and materials used in the project construction shall be borne by Party B, and the initiating explosive devices shall be purchased by Party A in a unified way, and the expenses shall be deducted from Party B's project payment.
2. The equipment and materials purchased by Party B must have relevant qualification certificates, factory certificates and quality inspection certificates. Electrical equipment must have "product certificate" and "coal mine product safety sign" when entering the well. Equipment and materials that do not meet the requirements for entering the well cannot enter the well.
3. The supervisor of Party A has the right to check the quality of equipment and materials purchased by Party B, and must immediately stop using unqualified materials or equipment.
X. Safety responsibility
1. Party B shall be solely responsible for safety. Except for the reasons of Party A, all safety accidents shall be handled by Party B, and all expenses arising therefrom shall be borne by Party B. If there is a fatal accident with significant impact, the mortgage risk shall be deducted, and the contract shall be terminated, and the losses caused to Party A shall be compensated by Party B. ..
2. Safety management goal: put an end to (eliminate) serious injuries and above accidents, and control minor injuries to less than 5 people throughout the year. A fine of 20,000 yuan per person for minor injuries exceeding the index, and a fine of 50,000 yuan per person for serious injuries, which will be deducted from the monthly project payment.
XI。 Modification and dissolution of the contract:
In any of the following circumstances, both parties may dissolve or modify this contract through consultation:
2. It has been requisitioned and recovered according to law.
3. Force majeure natural disasters, earthquakes, floods, etc.
4. The resources are exhausted or the coal mine has no mining value;
5. Be shut down according to law.
Twelve. Liability for breach of contract:
In any of the following circumstances, it shall be liable for breach of contract:
(1) terminate the contract without reason;
(2) Failing to perform contractual obligations, thus causing losses to the other party;
(3) Failure to perform or incomplete performance of the contract.
Thirteen. Dispute mediation
Any dispute arising from the execution of this contract between Party A and Party B shall be negotiated on the principle of seeking common ground while reserving differences. If no agreement can be reached, it shall be under the jurisdiction of the court with jurisdiction in the place where the contract was signed, and the place where the contract was signed is Lishi, Shanxi.
Fourteen Supplementary terms:
1. The sealed copy of Party B's qualification shall be taken as the annex to the contract.
2. In case of any dispute during the performance of this contract, Party A and Party B shall settle it through negotiation.
3. For matters not covered in this contract, both parties can sign a supplementary agreement through negotiation, which has the same legal effect as this contract.
4. This contract is made in octuplicate, with each party holding four copies.
5. This contract shall come into effect as of the date of signature and seal by both parties.
Date of signing the contract: 20** years.
Contract signing place:
Party A (seal):
Legal representative:
Party B (seal):
Legal representative (signature):
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