Party B:
Due to the business needs of Party A, Party B will install some products, and the following agreement is reached through negotiation:
A, the name and location of the installation project:
Second, the installation product name, specification, model, quantity and installation remuneration:
Installation name, specification, model and quantity
Combination plan
Three. Time limit for completing installation:
From year month day to year month day.
Four, installation quality requirements:
Verb (abbreviation for verb) Safety responsibility of installation:
Party B shall ensure that the above installation contents are completed in a standardized and safe manner. In case of personal injury or property loss accident during installation, all responsibilities or losses shall be borne by Party B, which has nothing to do with Party A;
Payment time for settlement of intransitive verb installation remuneration:
Seven. Liability for breach of contract: Party B shall pay RMB as liquidated damages for each day overdue; If Party A fails to pay in time, it shall compensate the interest loss at the daily interest rate of 2. 1 ‰;
Eight. Any dispute arising from this agreement shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the people's court of xxx County for adjudication.
Nine. This agreement shall come into force after being signed and sealed by both parties. This agreement is made in duplicate, one for each party.
Party a: xxx factory party b:
date month year
-
Project name: _ _ _ _ _ _ _
ContractNo.: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ Engineering Company (hereinafter referred to as the Buyer) and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Subject matter of the contract
1. The subject matter of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. 1 All supplies and services provided by the seller must make the completed shooting range equipment system fully meet the requirements of technical specifications. See the annex to the contract (1) for technical specifications.
1.2 the seller shall design, manufacture and provide the equipment and materials required by the system for the buyer. See Annex 2 (omitted) for the detailed list;
1.3 The seller shall provide the buyer with the following services for the goods supplied: design, training, installation, testing and acceptance, services during the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1.4 the seller shall effectively manage all the work it undertakes under this contract, so as to ensure that the progress made meets the requirements of Annex 3 (omitted) of the contract.
2. The name, model, specification, quantity and delivery time of the goods are shown in the table (omitted). Equipment delivery time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Specific scope of supply, technical specifications and drawings.
Second, the price
1. Total contract price: (RMB) in words _ _ _ _ _ _ _ (RMB).
2. The price of all goods includes all costs of manufacturing, packaging, taxes, customs duties, commodity inspection fees, installation, debugging, acceptance, training, technical services (including providing technical data and drawings) and warranty guarantee of the main engine and its accessories.
The contract price is fixed.
4. If the product of unit price and quantity is inconsistent with the total price, the unit price shall prevail and the total price shall be modified.
Three. Origin and standard of goods
1. Origin
The goods are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Standards
The goods and services referred to in this contract shall meet the standards of the Sports Equipment Examination and Approval Committee of the State Sports Commission and the International Shooting Joint Committee.
Fourth, delivery
1. Delivery place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 2. After receiving the advance payment from the buyer on schedule, the seller shall deliver the goods to the contract delivery place according to the delivery time required in Article 1 of this contract, and deliver them to the owner (together with the list of goods) after unloading.
Verb (abbreviation for verb) packaging, shipping and transportation
1. The packing must be suitable for the mode of transportation, and the determination of the packing mode and the packing expenses shall be borne by the seller; The seller shall be responsible for the damage to the goods caused by improper packaging during transportation.
2. Packaging should be able to withstand transportation, transshipment, loading and unloading, storage, etc. In the whole process, fully consider all kinds of situations in transit (such as exposure to bad weather, etc.). ) and climate characteristics in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Special tools and spare parts should be packaged separately, and their purposes should be indicated outside the packaging box.
Both sides of each packing box are marked with indelible paint and obvious Chinese characters. The contents of shipping marks include: container (piece) number, gross weight and size (length: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Packing and freight are included in the contract price.
Insurance of intransitive verbs
All insurance expenses before the goods arrive at the place of delivery (insured at _ _ _ _% of the total price of the goods) and the personal insurance and other related insurance of the personnel sent to the buyer's service shall be borne by the seller.
VII. Shipping Documents
The following original documents shall be delivered to the buyer by rail, ship or air at the same time, and their copies (or photocopies) shall be delivered to the buyer _ _ _ _ days before delivery:
1. Packing list in duplicate, indicating the contract number, shipping marks, contents of goods, dimensions and weight of each package;
2. Certificate of quality and quantity issued by the manufacturer.
Eight. pay
1. Within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Pay _ _ _ _ _ _% of the total contract price.
4. Within _ _ _ _ _ _ _ _ _ days after the sports meeting, the buyer shall pay _ _ _ _ _ _% of the total contract price, namely RMB _ _ _ _ _ _ _.
5. Payment methods: check, bank draft and telegraphic transfer.
Nine. Performance bond
1. After receiving the letter of acceptance, the seller shall submit to the buyer a performance bond with the amount of _ _ _ _ _% of the total contract price, that is, RMB Yuan only.
2. If the seller fails to perform any of its obligations under this contract, resulting in the liability for breach of contract, the buyer has the right to use the funds of the performance bond to compensate for any direct losses.
3. The performance bond is valid until the expiration of the warranty period of the goods. If the quality guarantee period is extended due to the extension of the delivery date, the seller is obliged to extend the validity period of the performance bond.
4. The performance bond shall be in RMB and submitted as follows: one original and two copies of the bank guarantee provided by a reputable domestic bank (or accepted by other buyers) in the bidding documents accepted by the buyer.
5. The buyer will return the performance bond to the seller within _ _ _ _ _ days after the seller completes its contractual obligations (including any guarantee obligations).
X. technical documents
1. The seller shall provide all technical documents related to the execution of this contract to the buyer at the same time of supply. If the technical documents necessary for the project but not specified in the contract can only be provided by the seller, the seller shall also provide them to the buyer in time. Technical documents can be manuals, drawings or other forms of documents. 2. The above-mentioned technical documents shall include all the contents required to ensure that the buyer can correctly install, operate, inspect, maintain, maintain, test and debug for the convenience of operation.
3. The damage to the system and/or equipment or its components caused by any installation, operation, inspection and maintenance, repair, testing and debugging carried out by the buyer in full accordance with the guidance of technical documents shall be borne by the seller.
4. The Seller shall provide the above technical documents to the Buyer in duplicate according to the requirements of the Buyer.
5. All costs of all technical documents provided by the seller have been included in the contract price.
6. All technical documents that should be provided by the seller without indicating the delivery time must be packaged separately from the accompanying equipment and delivered to the buyer according to the delivery time of the goods.
7. If the buyer finds that the seller has not provided the relevant documents after receiving the goods, he can postpone the payment until the seller completes the relevant documents.
XI。 intellectual property
1. The seller shall ensure that the buyer will not be sued by a third party for infringing his patent right, trademark right or other intellectual property rights when using the goods or any part of the goods in People's Republic of China (PRC). In case of such disputes, the seller shall bear all the responsibilities.
2. In order to implement this contract, the right to use the technical data and software provided by the seller belongs to the buyer.
Twelve. Escort service
1. Design
1. 1 The seller must cooperate with the buyer's construction design and provide the buyer with detailed information required for the construction design within _ _ _ _ _ days after the contract comes into effect.
1.2 if the buyer submits the design related to the seller's product selection for review, the seller shall complete the review within _ _ _ _ _ _ _ _ days, and confirm the design or make suggestions.
2. Installation and debugging
2. 1 The seller must provide the buyer with the materials and technical data required for the installation of the contract equipment.
2.2 The Seller shall send suitable personnel to the site for installation and commissioning immediately after the goods arrive at the site. The installation and debugging time is _ _ _ _ _ _ _ days.
2.3 If the content of the project completed by the seller does not meet the requirements stipulated in the contract, the owner may require the seller to be responsible for the repair. If the seller fails to make the project content meet the contract requirements, the owner may require the seller to make compensation.
2.4 The Seller shall ensure the construction safety of the construction site. The losses caused by the seller's fault shall be borne by the seller.
2.5 If there are subcontractors, the seller shall be responsible for the losses caused by the negligence of its subcontractors.
3. Testing and Pre-acceptance
3. 1 The seller must provide the test and pre-acceptance plan to the buyer according to the technical specifications and requirements of this contract at the same time of delivery.
3.2 The Buyer shall organize testing and pre-acceptance. After the pre-acceptance is qualified, the buyer and the seller shall sign the pre-acceptance certificate.
3.3 If the seller fails to carry out relevant work according to the above requirements and the time arranged by the buyer, the buyer has the right to postpone payment within the corresponding payment period until the seller completes the work within this period.
Step 4 cultivate
4. 1 The Seller shall be responsible for providing on-site operation and maintenance training plans and training materials in _ _ _ _ _.
4.2 The Seller shall be responsible for training the Buyer's trainers in operation and maintenance, and issue training certificates to those who have passed the training.
Thirteen. Acceptance method and warranty period
1. After the goods arrive at the delivery place, the buyer and the seller shall immediately send representatives to the work site, and both parties shall open the box for acceptance. Items in the box shall be unpacked and accepted within the time agreed by both parties before installation (within _ _ _ _ _ _ days after arrival of the goods). If missing or damaged parts are found, the seller shall hand them over to the buyer in time. If the construction period is delayed as a result, the buyer has the right to lodge a claim based on the delayed delivery.
2. After the installation and debugging of the contract goods are completed, the pre-acceptance shall be conducted according to the technical specifications stipulated in this contract and the manufacturer's technical specifications. After the pre-acceptance is qualified, the buyer shall sign the pre-acceptance certificate. If it is found that the goods provided are not in conformity with the contract, the buyer has the right to lodge a claim. After acceptance, both parties shall sign the pre-acceptance certificate within _ _ _ _ _ _ _ _. The seller must guarantee the normal use of the whole system during the period of _ _ _ _ _ _ _ _.
4. The quality guarantee period of this contract (hereinafter referred to as the "warranty period") is _ _ _ _ _ _ _ _ _ years, during which the seller guarantees the quality.
5. After the expiration of the warranty period, if any component fails and is identified by the authoritative department as abnormal life (obviously shorter than the normal life of the component), the seller shall be responsible for free replacement and maintenance.
6. After the expiration of the warranty period, at the request of the buyer, the seller shall refer to the current market price and provide the buyer with necessary spare parts at a discounted price.
7. During the acceptance of relevant departments, the Seller shall cooperate with the Buyer in time. If the seller fails to be present in time to cooperate with the acceptance after the buyer's notice, the seller's contractual obligations will be regarded as incomplete and the buyer has the right to lodge a claim.
8. If the seller's goods do not meet the quality requirements, so that the purpose of the contract cannot be achieved, the buyer may reject the goods or terminate the contract. If the buyer refuses to accept the goods or terminates the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
9. Final acceptance: After the warranty expires, the buyer shall organize relevant departments to conduct final acceptance according to the standards stipulated in the contract.
Fourteen Objection claim
The seller agrees that the buyer chooses the following methods to solve the claim:
1. The seller shall be responsible for the non-conformity of the provided equipment with the contract requirements. The seller agrees that the buyer refuses to accept the goods and pays the buyer the amount of the rejected goods in the same currency as stipulated in the contract, and the seller shall bear all losses and expenses arising therefrom. Including bank interest, transportation and insurance fees, inspection fees, installation fees, storage and loading and unloading fees, and other necessary expenses for keeping and protecting rejected goods;
2. If the goods are found to be damaged or defective after arrival, the price of the goods shall be reduced through negotiation between both parties according to the defects and damage degree of the goods and the amount of losses suffered by the buyer;
3. The Seller agrees to replace defective parts, components and equipment to meet the specifications, quality and performance stipulated in the contract, and bear all expenses and risks and all losses suffered by the Buyer. At the same time, the seller shall extend the warranty period of the replaced goods accordingly.
4. The seller shall bear all losses caused by installation.
5. If the seller fails to reply within _ _ _ _ days after receiving the notice of claim, the above claim shall be deemed to have been accepted by the seller. If the seller fails to settle the claim in the way chosen by the buyer within _ _ _ _ _ _ days after receiving the notice of claim or within the extended period agreed by the buyer, the buyer will have the right to deduct the claim amount from the advance payment or the performance guarantee issued by the seller, and reserve the right to further claim.
Fifteen. force majeure
1. In case of an accident caused by recognized force majeure, the seller shall immediately notify the buyer in writing to prove the existence of the accident.
2. After the event of force majeure, both parties shall try to find a reasonable scheme to perform other matters that are not affected by force majeure. If the force majeure factors continue to exist, resulting in the failure to deliver the goods within _ _ _ _ _ _ _ days after the delivery date stipulated in the contract, the buyer has the right to terminate the contract. At this time, neither the buyer nor the seller claimed. The buyer does not assume the responsibility of terminating the contract, nor does it confiscate the performance bond. However, the seller must return the advance payment and interest paid by the buyer in full within _ _ _ _ _ _.
Sixteen, late completion and late payment of fines
1. If the seller fails to complete the project within the time stipulated in the contract (except for the force majeure factors in Article 14 of this contract), the seller must pay the buyer a penalty of _ _ _ _ _ of the total goods every day. If the seller fails to complete the work after _ _ _ _ _ _ _ _ _. If the buyer fails to pay the advance payment to the seller within the time limit stipulated in the contract, the seller has the right to postpone the delivery; If the buyer fails to pay the advance payment for _ _ _ _ _ days beyond the payment time stipulated in the contract, the seller has the right to terminate the contract, and at this time, the buyer shall pay _ _ _ _ _% of the total goods to the seller as liquidated damages; If the buyer fails to pay the goods to the seller on the date stipulated in the contract, the buyer shall also pay the resulting liquidated damages at the rate of _ _ _ _ per day. If the buyer fails to pay the contract amount for _ _ _ _ _ days, the seller shall be compensated by the buyer.
3. The agreement in this contract that there are preconditions for the buyer's payment and the seller's completion shall be implemented as agreed.
Seventeen. Property right and risk transfer
1. Only when the seller transports the equipment and materials to the delivery place and delivers them to the buyer, the property right of the goods is transferred from the seller to the buyer.
2. When the goods arrive at the buyer's warehouse, the buyer will open the box for inspection and issue a corresponding report, and the risk of damage or loss of the goods will be transferred from the seller to the owner.
If the contract is rejected or terminated, the risk of damage or loss of the goods shall be borne by the seller.
4. The transfer of property rights and risks does not affect the buyer's right to require the seller to bear the liability for breach of contract because the performance of obligations is not in conformity with the agreement.
5. The risk of damage or loss of the goods delivered by the seller to the carrier in transit shall be borne by the seller.
Eighteen. Settlement of disputes
1. All disputes arising from this contract shall be settled through friendly negotiation. If negotiation fails, either party may bring a lawsuit to the court.
2. The litigation jurisdiction of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. During the court hearing, except the matters submitted to the court for trial, other parts of the contract shall continue to be performed.
4. This contract shall be interpreted according to the laws of People's Republic of China (PRC).
Nineteen. Notice; pay attention to
1. The notice given by one party to the other party in this contract shall be delivered in writing to the address of the other party specified in the contract. A notice sent by telegram shall be deemed to have been delivered on the _ _ _ _ _ _ day from the date when the local post office sends the telegram.
2. The effective date of the notice shall be the delivery date or the effective date of the notice, whichever is later.
XX。 Taxes and customs duties
1. All taxes and fees related to this contract collected by the China government from the buyer according to the current tax law shall be borne by the buyer.
2. All taxes and fees related to this contract (including but not limited to import taxes on equipment and parts, domestic value-added tax on all goods) collected by the China government from the seller or its employees according to the current tax laws shall be borne by the seller.
3. All taxes and fees related to the execution of this contract outside China shall be borne by the seller.
Twenty-one, the contract comes into effect
This contract shall come into effect after the following two conditions are met:
1. This contract shall come into effect after being signed and sealed by authorized representatives of both parties, and the signing date of the contract shall be subject to the last signing date;
2. The seller submitted the performance bond as required.
Twenty-two others
1. The tender documents, bidding documents, bid-winning notice and all attachments to this contract are an effective part of this contract and have the same legal effect as this contract. If there is any contradiction before and after, it shall be implemented in the order of this contract and its annexes, bidding documents and bidding documents.
2. During the execution of this contract, all documents signed and confirmed by both parties (including meeting minutes, supplementary agreements and letters) become an effective part of this contract, and the effective date is the date of signature, seal or confirmation by both parties.
3. During the execution of this contract, the seller shall pay the management fee of _ _ _ _ _ _% (RMB _ _ _ _ _ _) of the total contract price to the buyer. This fee is deducted by the buyer in proportion to each payment.
4. Unless the buyer agrees in writing in advance, the seller shall not transfer its obligations under this contract in part or in whole. 5. This contract shall take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. This contract has _ _ _ _ _ _ _ _ pages of a4 paper, and the contract with missing pages is invalid.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _