Model Agreement on Company Purchase and Sale Contract (I) Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B, based on the principles of equality, voluntariness, fairness and mutual benefit, honesty and trustworthiness, have entered into this contract through consultation on matters related to the supply and marketing of products, for mutual compliance.
I. Contract Price and Payment Method
The total contract price is RMB _ _ _ _ _. After the signing of this contract, Party A shall pay Party B a deposit of RMB _ _ _ _ _ _ _ _.
Second, product quality.
1. Party B guarantees that the products provided are true and legal, and there are no legal disputes and quality problems. If there is a dispute between the products provided by Party B and a third party, all legal consequences arising therefrom shall be borne by Party B. ..
2. If Party A has product quality problems during the use of the above products, Party B shall be responsible for replacing them; If it cannot be replaced, it should be returned.
Third, the liability for breach of contract
1. Both parties shall fully perform the provisions of this contract. If one party violates this contract and causes losses to the other party, it shall be liable for compensation.
2. If Party B fails to supply the goods as agreed in the contract, Party B shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. If Party A fails to settle the accounts within the time limit agreed in this contract, it shall delay payment for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Party A shall not refuse the goods without reason, otherwise the losses and transportation expenses caused thereby shall be borne by Party A..
5. After the termination of the contract, both parties shall conduct reconciliation and settlement according to the provisions of this contract, and shall not make things difficult for them.
Four. Other agreed matters.
This contract is signed in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Verb (abbreviation for verb) Other matters
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Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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Model Agreement on the Company's Purchase and Sale Contract (II) Seller: _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Buyer: _ _ _ _ _ _ (hereinafter referred to as Party B)
Article 1 The terms of this contract must be performed in the trading activities negotiated by the buyer and the seller. For a specific category (variety), it is necessary to sign a purchase order as an annex to this purchase and sale contract; For matters not covered in this contract, if both parties need to supplement it through consultation, an agreement can be attached, which is also an annex to this contract. The annexes to this contract have the same effect as this contract. Letters, faxes, emails, etc. After confirmation by both parties, it will become an integral part of this contract and have the same effect as this contract.
When signing a trading order, except for the distribution of the trading plan stipulated by the superior, the rest of the goods are freely purchased and sold according to the sample.
Article 2 Once this contract is signed, it shall not be altered or dissolved without authorization. If Party A encounters irresistible reasons, it is really unable to perform the contract; Due to sudden changes in the market or inevitable reasons, Party B may modify or terminate this contract with the consent of both parties through consultation. However, the proposer shall notify the other party in advance, and issue a "notice of contract change" to the other party to go through the formalities of changing or canceling the contract.
After arranging the production of goods according to the colors, varieties and specifications specified by Party B, both parties shall strictly implement the contract. If there is any change, Party B shall bear the losses caused thereby; If Party A fails to perform the contract according to the specified time, quality and quantity, Party A shall bear the losses.
Article 3 The prices of commodities in the transaction list shall be determined by both parties through consultation or according to the national price.
When signing a contract, if it is difficult to determine the price, the price can be tentatively set, and the fluctuation range can be agreed by both parties.
If the national or local administrative department adjusts the price within the delivery (delivery) period stipulated in the contract, the price at the time of delivery (delivery) shall prevail.
Overdue delivery, in case of price increase, according to the original price; When the price is lowered, the new price shall prevail. If the delivery is overdue, the new price will be implemented when the price is raised, and the original price will be implemented when the price is lowered. The difference caused by price adjustment shall be settled separately by the buyer and the seller.
Article 4 The mode of transportation and transportation expenses shall be determined by both parties through consultation.
Article 5 Quality standards of various commodities Party A shall strictly implement the quality standards stipulated in the contract to ensure the quality of commodities.
Article 6 The packaging of commodities must be firm, and Party A shall ensure the safety of commodities during transportation. Party B has special requirements for commodity packaging, and both parties shall specify in the specific contract that the increased packaging costs shall be borne by Party B.. ..
Article 7 The allocation of commodities shall be balanced and timely. For the goods within the contract period, we can consider delivering them in batches at the ratio of 3: 3: 4; Seasonal commodities should be delivered at the latest and earliest date stipulated by the transportation department; Seasonal goods, spare parts and a small number of varieties can be delivered at one time.
Article 8 Party A may deliver goods with a maturity of more than two thirds; If the validity period is less than two thirds, Party A shall obtain Party B's consent before delivery.
Article 9 Party A shall entrust the carrier to deliver the goods according to the reasonable transportation route, tools and arrival station (port) determined by Party B, and make efforts to fill the capacity or tonnage to save costs.
If one party needs to change the transportation route, tools and arrival at the station, it shall notify the other party in time and reach an agreement through negotiation before shipment, which will affect the contract period and will not be treated as a breach of contract.
Article 10 When the goods arrive at the transportation department, the ownership belongs to Party B.. In case of loss, shortage, damage and other liability accidents during transportation, Party B shall be responsible for negotiating compensation with the transportation department, and Party A shall actively provide relevant information when it needs Party A's assistance. If Party B finds any problems when receiving the goods, it shall ask the transportation department for the required records and certificates in time, make a detailed inspection immediately, and claim compensation from the responsible party in time. If the relevant documents can't accompany the goods, Party B can make a written acceptance to the transportation department after the goods arrive, and notify Party A immediately, and Party A will reply within 5 days after receiving the notice; If the goods are frequently delivered or shipped by mistake, Party B shall record them in detail and keep them properly, and notify Party A within 10 days after receiving the goods, and shall not use them by itself, and all expenses arising therefrom shall be borne by Party A.. ..
Article 11 If the outer packaging of the goods is complete, and problems such as overflow, damage, cross-linking and quality of the goods are found, and it is really Party A's responsibility within six months after the arrival of the goods (within seven days of the valuable goods), Party B may make inquiries with Party A. ..
If the goods are found to be moldy and deteriorated, Party A shall be informed within 30 days, and both parties shall jointly study and determine the responsibilities, and the losses shall be borne by the responsible party.
The receipt of imported goods and the transfer of foreign trade inventory goods to domestic sales are related to foreign trade inquiry, and the inquiry period is 60 days after Party B receives the goods. After that, Party A will no longer accept them.
When Party B makes an inquiry from Party A, it shall fill in the "Inquiry Sheet", one for each item, and shall not mix them. The contents of the inquiry form shall include the shipping mark, product name, specification, unit price, packing list, invoice date, arrival date, quantity of surplus and shortage, damage degree, contract number, manufacturer's name, transfer order number and other materials, and keep the physical objects; Party A shall give a reply within 10 days after receiving the "Inquiry Form" and handle it within 30 days.
In order to reduce some inquiry business, if the varieties listed in a requisition are damaged below 2 yuan and 5 yuan, no inquiry will be made (except parts). For the inquiry of bulky goods (such as the head of sewing machine and the remaining parts of parts), Party B will send the remaining products directly to the factory, and the inquiry form will be sent to Party A, with the date of shipment indicated on the form.
Article 12 For the settlement of payment for goods and freight and miscellaneous fees, the buyer and the seller shall agree on an appropriate settlement method according to the provisions of the settlement method of the People's Bank of China, and handle it properly in time.
In payment settlement, we should abide by the settlement discipline and adhere to the principle of "paying off the money and goods", and the payment by installments should be indicated on the transaction sheet. State-owned, supply and marketing cooperative commercial enterprises with fixed purchase and sales relations can use the settlement method of "collection and acceptance" to settle the payment in different places; For the trading unit with unknown situation, it can be settled by letter of credit, or it can be paid first and then paid.
Article 13 If either party breaches the contract, it shall bear the liability for breach of contract and pay liquidated damages to the other party. If the breach of contract causes losses to the other party, if the liquidated damages are insufficient to compensate for the losses, the difference shall be compensated. If the liquidated damages are excessively higher or lower than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce or increase them.
1. According to the specific contract requirements signed by Party A and Party B, if one party fails to perform the contract or fails to fully perform the contract, it shall pay _ _ _% of the total contract price to the other party as liquidated damages. However, if both parties go through the formalities of changing or canceling the contract through consultation, it shall not be regarded as a breach of contract.
2. If Party A fails to deliver the self-delivered goods on time, it shall be responsible for the overdue delivery and bear the actual expenses paid by Party B; If Party B fails to pick up the goods on time, Party B shall pay Party A the liquidated damages for overdue delivery according to the regulations of the People's Bank of China on deferred payment, and bear the actual storage expenses paid by Party A. ..
3. The expenses actually paid by Party B during the custody period due to Party A's early delivery, excessive delivery or wrong delivery shall be borne by Party A. If Party B fails to deliver the house, it shall pay Party A the liquidated damages for overdue delivery in accordance with the regulations of the People's Bank of China on overdue delivery.
4. The corresponding liquidated damages, compensation, storage and maintenance fees and various economic losses shall be remitted to the other party voluntarily within 10 days after the responsibilities are defined, otherwise it shall be treated as overdue payment, but neither party shall make up for it by detaining the goods or withholding the payment.
Article 14 Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation in time. If negotiation fails, either party may apply to an arbitration institution for arbitration or bring a lawsuit to a people's court. (choose one of the two)
Article 15 This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, and reported to the local people's bank and relevant departments for supervision and implementation.
Article 16 This contract (agreement) shall come into effect after being signed by both parties, and the validity period is 1 year. Upon expiration, both parties have no objection, and the contract will be automatically extended. If the date is involved, the date received by the addressee and the date stamped by the post office shall prevail.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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