Seedling maintenance agreement 1
Number:
Party A:
Party B:
With regard to the purchase of products of various specifications by Party A from Party B, Party A and Party B have entered into this contract through equal and friendly negotiation in accordance with the Contract Law of People's Republic of China (PRC) for mutual compliance.
I. Varieties of seedlings purchased by Party A
The varieties of priced seedlings supplied by Party B mainly include: other non-priced varieties are used as demonstration samples for reference only when Party A purchases seedlings.
Two, seedling varieties, specifications, technical requirements, quantity and price.
1. All varieties, specifications and prices shall be agreed by both parties (see the list of purchased seedlings). The basic tree shape of seedlings shall be subject to the photos taken by Party B or Party A. ..
2. Party B thinks that the list of purchased seedlings and the supervision of Party A's on-site supervisors are the standards for Party A to accept seedlings, and the acceptance and settlement of purchased seedlings is the final settlement basis.
Three. The total contract amount is RMB.
Fourth, the supply quality requirements
Party B shall supply the seedlings according to the "Variety, Specification, Quantity, Remarks and Party A's designated requirements" in the "Seedling Purchase List" provided by Party A, and accept the garden seedlings according to Party A's relevant technical requirements. For the selected seedlings with beautiful tree shape and higher unit price than the seedlings with the same rules, it is necessary to make remarks and attach photos as an annex to the contract. If the provided seedlings do not meet the following requirements of seedling quality, operation technology and organization and management, Party A will return them unconditionally, and Party B will bear the increased freight and compensate Party A for all the losses caused thereby.
1, seedling quality requirements:
(1), the plant grows vigorously, and there are no pests and mechanical damage; No obvious scars were left;
(2) The branching point of the plant is reasonable and conforms to the general principle of "golden section" (that is, the height of the first branching point from the ground is approximately equal to 1/3 of the natural height of the plant), except for special varieties and special requirements of Party A;
(3) The crown width of the plant is full and compact, and there is no crown, partial crown and skew.
(4) The seedlings have no broken branches and dead branches, and no sawed branches over 5CM.
2, soil ball quality requirements:
(1), the variety of soil is needed. In principle, the specifications of soil balls meet the requirements of "the diameter of soil balls is about 7-9 times the diameter at breast height" (the maximum diameter of soil balls is 250cm), and the specifications of specific varieties of soil balls are indicated in the seedling purchase list;
(2) On the ball, the floating soil layer must be removed, and the main root should be damaged as little as possible, so as to ensure sufficient thickness of the ball, which is 1/2 of the diameter of the ball. The soil balls should be tied firmly, and the packaging methods and materials must be scientific and practical;
(3), ditch seedlings or other obstacles, incomplete soil ball belt or seedlings whose main roots need to be cut off should be avoided;
(4) The excavation form must be consistent with the specifications of the packaging form, and the dressing must be tied tightly, and the soil ball shall not be loose. The bottom of the soil ball should be closed at a 45 angle to dig the ball. In case of big root, it must be broken, and root cracking is strictly prohibited.
3. Promotion requirements:
(1), trees must be loaded on the same day after excavation and pruning;
(2) When hoisting, necessary measures should be taken to prevent the soil ball and trunk from being damaged, and it is forbidden to loosen between the soil ball and trunk.
4. Technical elements:
(1), reasonable pruning and practical materials (such as bamboo chips, etc.). ) must be used to fully protect the binding parts of trees during folding and mechanical hoisting, and straw ropes must be tied below the secondary branches of trees;
(2) After the seedlings are dug, they must be treated with anti-stress technologies such as preservation, moisture retention, wind protection, sun protection, transpiration resistance and cold resistance during parking and transportation.
5. Time limit: Therefore, all varieties of seedlings must be delivered to the agreed destination within a few hours after planting and digging.
Verb (short for verb) Obligations of both parties.
1, obligations of Party B;
(1) Select seedlings, excavate, bind, hoist and transport them to Party A according to the quantity in the schedule in Paragraph 2 of Article 2 of this contract.
(2) Party B is responsible for completing the quarantine certificate and related procedures, and dispatching vehicles. Party B is responsible for all expenses before acceptance (included in the quotation).
(3) Party B shall be responsible for all operation organization before seedling acceptance, and provide technical assistance (unloading and planting) to Party A after seedling acceptance.
(4) Party B must complete all operations within days, that is, complete the supply of all seedlings within days from the effective date of the contract.
(5) Appoint Party B as the executive representative of this contract.
(6) Attachment:
(1) Party B must provide a delivery note (in triplicate) and a formal seedling invoice when delivering the goods.
② The long-distance transportation expenses of seedlings shall be paid by Party A, and the shipper shall provide regular transport invoice.
(3) Each contract shall be accompanied by a copy of the supplier's tax registration certificate and business license, and the copy shall be stamped with the official seal of the supplier.
2. Party A's obligations:
(1) Party A appoints the executive representative of this contract to be responsible for sending personnel to the site to supervise the whole process of Party B's operation.
(2) Party A shall pay the payment on time according to the contract.
Terms of payment for intransitive verbs
1. The seedling payment in this contract is divided into two stages.
2, seedling payment table:
Payment stage
Image of contract progress and payment date
Payment amount
comment
Stage 1
The contract comes into effect.
Second phase
After the goods are accepted
Note: When making the above payment, Party B shall provide the official invoice issued by Party B in favor of Party A. If Party B fails to provide the invoice or the invoice provided does not meet the requirements of Party A, Party A has the right to refuse to pay any money.
Seven. responsibility for breach of contract
1. If Party A breaches the contract, Party B may not refund the deposit and hold Party A liable for breach of contract. If Party B breaches the contract, Party A may reject the seedlings and refuse to pay the purchase price, and has the right to ask Party B to refund the deposit.
2. If Party B fails to provide seedlings according to the time and quantity agreed in this contract, or the quality of seedlings cannot be recognized by Party A's on-site representative (that is, double recognition), Party A may reject seedlings at the seedling purchasing site or refuse to pay the final payment after the goods arrive at the destination, and Party A has the right to demand the termination of this contract and hold Party B liable for breach of contract.
3. Party B must pack the goods and seedlings tightly, and the soil balls cannot be loose; Prune the branches and leaves properly to ensure that the damage rate of the goods at the destination cannot exceed 5%, otherwise it will be regarded as a breach of contract and Party A has the right to reject it.
4. Party B may refuse to start the vehicle if Party A fails to pay the deposit as agreed in the contract after loading the vehicle with good quality and quantity as scheduled. After the goods arrive at the destination for acceptance and settlement, if Party A fails to pay on time, Party B will hold Party A liable for breach of contract.
Eight. Settlement method and date
1, according to the unit price of the contract signed by both parties (after the contract is signed, the price will not be adjusted due to market changes during the performance) and the actual supply quantity (signed by both parties).
2. The settlement shall be carried out by the Project Department of the Second Bid Section of Binjiang Forest Park in Changping New Town of Beijing Lin Jing Landscaping Engineering Co., Ltd., and Party B shall cooperate with the settlement as much as possible, and the settlement result shall be sent to the Finance Department for review and confirmation.
3. The settlement date is the day after the supply is completed and the quality reaches the standard. After the date, the financial department shall keep an account. If the quantity of the accounting results decreases, the accounting by the financial department shall prevail, and the losses shall be borne by Party B. ..
4. Settlement countersigning process: Party A and Party B confirm the supply of seedlings (the original should be signed by both parties) → General review by the project department → signature of Party B for confirmation.
Nine, this contract is made in duplicate, each party holds one copy, which will come into effect after being signed or sealed by both parties, and will automatically become invalid after the supply is completed and all the payment is settled.
Party A:
Party B:
Signature representative (signature)
Signature representative (signature)
address
address
Contact number
Contact number
Date of signature: year month day.
Account name:
Signing place:
Bank of deposit:
Bank account:
Date of signature: year month day.
Seedling maintenance agreement 2
Party A:
Party B:
Based on the principles of equality, mutual benefit and voluntariness, Party A and Party B have reached the following contract through consultation:
1. Work content: Party A will contract the greening and planting part and maintenance to Party B. ..
Second, seedling name: Pu Shu or Pistacia chinensis. See attached table for specifications.
Three, seedling quality requirements: soil ball integrity, determine the size of soil ball according to national requirements, no pests and diseases, ensure 90% crown width, branch point 2.5-4 meters. ..
Four. Party B shall plant according to the relevant national technical requirements, its own experience and the growth of seedlings, and do a good job of maintenance after planting.
5. Party B shall ensure that the seedling survival rate reaches 100% or more within the day after the seedling maintenance expires.
Payment method of intransitive verbs: If the planting is accepted, Party A will pay Party B the planting fee, that is, RMB; when the survival rate reaches 100%, Party A will pay Party B the balance of the seedling planting fee in one lump sum.
7. During the construction and maintenance, Party B must carry out the construction in accordance with relevant safety operation regulations, and Party B shall be responsible for all safety accidents caused by improper operation. During the period of construction and maintenance, Party B shall strengthen the protection of finished products, and Party B shall be responsible for the losses caused by human factors or improper use.
Eight. Liability for breach of contract: if either party breaches the contract, it shall pay all liquidated damages to the observant party. After Party B's seedlings arrive and are accepted by Party A, Party A shall pay the seedlings on time.
Validity period: this contract shall come into effect after being signed and sealed by both parties, and the validity period is from to.
X this contract is made in duplicate, one for each party. Signature and seal come into effect and have the same legal effect. After the balance is paid, it will automatically expire.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Seedling maintenance agreement 3
Buyer (Party A): Supplier (Party B):
Contact: Contact: E-mail:
Tel: Tel: Fax:
After friendly negotiation, Party A and Party B have reached the following agreement on the contents of seedling procurement in good faith.
1. Party A buys seedlings from Party B, and the specific varieties and specifications of seedlings are shown in the attached table of this contract. The total contract price is RMB ().
2. After signing this contract, Party B shall organize the seedlings according to the details listed in the annex to this contract without undue delay.
3. The seedlings purchased in this contract shall be delivered by Party B before the date of, and the freight shall be borne by (Party A/Party B).
4. After Party B delivers the seedlings to the agreed place, if Party A accepts them, it shall be deemed that Party B has fulfilled the delivery obligation. ..
5. The methods, methods and quality requirements of seedling inspection and acceptance shall be determined by Party A ... Specifically:
6. Party A and Party B choose the payment method.
(1), and Party A will settle the payment in one lump sum after acceptance.
(2) When signing this contract, Party A shall pay RMB yuan as the down payment, RMB yuan after Party A's acceptance, and the rest shall be paid off.
(3) The payment method shall be determined by both parties through consultation:
7. If Party B delivers the goods beyond the date agreed in this contract, Party A has the right to reject it and ask Party B to bear the liability for breach of contract. The penalty is 3% of the contract amount.
8. Because Party B delays the delivery or the delivery quantity is inconsistent with this contract, Party A must purchase seedlings separately, so the additional expenses shall be borne by Party B. ..
9. The quantity, specifications, price and delivery time of seedlings stipulated in this contract shall not be changed by either party. If it is really necessary to change, it must be agreed by both parties before it can be changed.
10. Party B must provide relevant documents such as inspection and quarantine certificates issued by relevant departments at the time of delivery. If Party B can't provide it, Party A has the right to refuse to receive the goods and ask Party B to bear the liability for breach of contract. The penalty is 3% of the total contract price.
1 1. Party B shall protect the trees and clods of related seedlings according to this contract. If it is inconsistent with this contract, Party A has the right to refuse to accept it. The relevant expenses arising therefrom shall be borne by Party B. In addition, Party B shall also be liable for breach of contract to Party A, and the liquidated damages shall be 3% of the total contract price. If losses are caused to Party A, Party B shall also be liable for compensation.
12. Party A shall pay according to the provisions of this contract. If Party A violates this contract, Party A shall bear the liability for breach of contract.
13. If the performance of this contract is affected by force majeure, the breaching party shall not be liable for breach of contract (force majeure refers to unforeseeable, insurmountable and unavoidable objective circumstances). )
14. The supply period of this contract starts from the date of the month to the date of the month.
15. For matters not covered in this contract, Party A and Party B shall negotiate separately.
16. In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, it shall be settled in the following ways.
(1), and submit it to the Arbitration Commission for arbitration.
(2) Submit to the people's court.
17. This contract is made in duplicate, each party holds one copy, which has the same legal effect.
18. This contract shall come into effect after being signed or sealed by both parties.
19, supplementary provisions
Party A: Party B:
Representative: representative:
Date date
Seedling maintenance agreement 4
Party A (supplier): _ _ _ _ _ _
Party B (Buyer): _ _ _ _ _ _ _ _
In order to speed up the promotion of new varieties, according to the requirements of Party B, this agreement is signed through consultation for both parties to jointly perform.
1. Variety, quantity, price and delivery time of purchased and sold seedlings
2. The seedling varieties provided by Party A have a purity of over 98%, robust growth, complete root system and no quarantine diseases and insect pests.
3. After this agreement comes into effect, Party B shall pay 30% of the seedling deposit to Party A, and the rest shall be paid off in one lump sum at the time of seedling raising. If the quantity required by Party B changes midway, it shall be changed through consultation with Party A. If Party B fails to raise seedlings as agreed, the deposit will not be refunded.
If one party cancels the contract, it shall compensate the other party for its economic losses. In case of serious loss of seedlings caused by natural disasters, Party A shall notify Party B to reduce seedlings in proportion two months before seedling emergence.
5. Party B is responsible for the transportation procedures, and Party A can provide convenience, and all expenses shall be borne by Party B. If Party A is required to act as an agent, Party B shall pay a certain agency fee.
6. This agreement is made in duplicate, and it will take effect after being signed by both parties. In case of violation, it shall be implemented in accordance with relevant laws and regulations.
7. Matters not covered shall be settled by both parties through consultation.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Handler (signature): _ _ _ _ _ Handler (signature): _ _ _ _ _
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Seedling maintenance agreement 5
Demander: (Party A for short) Supplier: (Party B for short)
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B have reached the terms of this contract on the basis of equality, voluntariness, mutual benefit and good faith for mutual compliance:
First, the origin, specifications, quantity and price of seedling products:
Total price (tentative) RMB: RMB (in words)
1, the contract unit price includes seedling price, digging, short-distance transportation to the loading place, topdressing with soil balls, loading, handling seedling quarantine certificate, transportation certificate and long-distance transportation expenses, combing leaves, covering sunshade nets and other expenses and taxes before delivery.
2. The seedlings are goods. If Party B survives, it must be supplied in strict accordance with the contract requirements. If there are soil balls, Party A refuses to accept the goods.
Two. Seedling size, tree type, quality and technical requirements Agreed quality and technical requirements:
1. The quality of seedlings shall be implemented according to the quality standards agreed in the contract and meet the requirements of Party A for this product. Party B guarantees that the quality of seedlings meets the requirements specified by Party A, and takes full responsibility for the quality of seedlings;
2. The seedlings purchased by the contract are full and beautiful in crown width, not partial in crown, and grow well;
3. Soil balls: the soil balls are relatively dense, forming a standard ball, all of which are original soil balls, and there can be no fake soil balls. The original soil ball shall be firmly wrapped with straw rope or perforated breathable plastic film, and shall not be scattered during transportation;
4. Measurement of 4.DBH: In general, the diameter of the trunk is measured from the plant soil surface to 1m (if 1m is only a local swelling place, the normal position from 1m shall prevail);
5. Storage time: the storage and transportation time of seedlings after excavation shall not exceed 1 day;
6. Loading requirements and transportation: The branches should be folded properly without serious fracture. Scientific and reasonable loading, proper filling, no damage to bark and treetops, no breaking of branches and no scattering of soil balls during transportation are the basic principles of loading; In case of bad weather or long-distance transportation, such as high temperature in summer, loading should avoid high temperature period, and protective measures such as wind, rain, sun protection and water retention should be taken during transportation to ensure the quality of seedlings.
Three. Place, method and time limit of delivery
1. The delivery place is the place designated by Party A on site. The designated place is the project department, and the specific address is: (Party A has the right to inform Party B to transport the goods to other places for other units or individuals according to the actual situation, but Party A shall notify Party B in writing after sealing in its own name one day before delivery). After cash on delivery, the ownership of the subject matter is transferred to Party A..
2, delivery method, according to the following items:
(1) Party B is responsible for the delivery; (2) Party B is responsible for entrusting a third party to transport, and Party A is responsible for the freight; (3) Party A shall deliver the goods by itself.
3. Item (1) shall be adopted for cargo handling:
(1) Party B is responsible for loading and unloading; (2) Party B is responsible for loading and Party A is responsible for unloading; (3) Party A is responsible for loading and unloading.
4. Delivery cycle:
Both parties agree that Party B shall deliver the goods before the time and place notified by Party A, but Party A shall notify Party B days in advance.
Four. On-site acceptance and payment method
1, site acceptance:
After the seedlings are transported to the place designated by Party A, Party A is responsible for arranging the machinery and personnel to get off in time. At the same time, arrange inspectors (warehouse keeper, greening foreman or technician) to conduct on-site acceptance and issue an acceptance certificate. Party B shall settle the payment according to the unit price of this contract with the receipt, waybill, delivery note and legal and valid invoice (the soil ball is transported for a long distance, and the ball is slightly scattered and the branches are slightly broken.
Party A shall communicate with Party B in time at the same time of acceptance, and Party B shall sign on the spot, and the deduction can only be made after both parties reach an agreement through friendly negotiation. The settlement documents shall be submitted to the relevant leaders of Party A for approval and handed over to Party A for financial payment. After completing Party A's financial payment procedures, Party A's financial payment will be made according to the following items.
2. Payment method:
(1) Within days after the signing of the contract, Party A shall pay Party B% of the total contract price as an advance payment, and the balance shall be paid within days after Party B arrives at Party A's finance department with the acceptance documents and invoices (postponed in case of national legal holidays).
(2) Party B shall bring the acceptance documents and invoices to Party A's financial account before 20th of each month: the first payment time: before 30th of the following month, and the payment proportion:% of the account amount; The second payment time: 65438 before February 30 of that year, and the payment ratio:% of the payable amount; The third payment time: 65438 before February 30 of the following year, and the payment ratio:% of the payable amount.
(3) Party A shall pay% of the payment to Party B within days (postponed on national holidays) from the date when Party B presents the acceptance documents and invoices to Party A's financial account; The balance shall be paid in full after the completion and acceptance of the project.
(4) Party A shall make a one-time payment to Party B within days (postponed by national statutory holidays).
Bank and account number of Party B:
Account Opening Unit (Person) Name: Account Opening Bank: Account Number:
Verb (abbreviation of verb) Party B's liability for breach of contract
1. If Party B fails to deliver the goods, Party B shall pay Party A% of the liquidated damages for the undeliverable part of the goods. If other losses are caused to Party A, Party B shall also compensate Party A for the losses (including the losses caused by the delay in construction period and the losses claimed by the owner).
2. If the variety, model, specification and quality of the products delivered by Party B do not conform to the agreement, Party B shall be responsible for the return and exchange of goods, and bear the liability for breach of contract, from the delivery date agreed in this contract to the date when the products conform to the agreement. If Party A requests to return the goods, Party B shall not only refund the paid goods at the time notified by Party A, but also pay 20% of the paid goods as liquidated damages. If Party B fails to refund the money on time, it shall also be liable for breach of contract according to the interest of overdue payment made by the bank during the same period.
3. If Party B fails to deliver the goods on time, Party B shall cumulatively calculate and pay liquidated damages for late delivery to Party A for each day overdue, and compensate Party A for other losses (including the owner's claims and other losses).
4. Party B shall be responsible for the product quality. If personal or property losses are caused to Party A and others due to product quality, Party B shall bear the responsibilities and compensate the losses caused thereby.
Intransitive Verb Party A's Liability for Breach of Contract
1. If Party A refuses to accept the goods in violation of the contract, it shall bear the losses caused thereby.
2. If Party A fails to pay the overdue payment, 3% of the overdue payment shall be paid to Party B on a daily basis.
Liquidated damages.
Seven. force majeure
If either party is unable to perform the contract due to force majeure, it shall promptly notify the other party of the reasons for the failure or incomplete performance, so as to reduce the possible losses to the other party. The following projects are allowed to be implemented after being certified by relevant institutions and confirmed by Party A:
(1) Deferred performance; (2) partial performance; (3) Failure to perform the contract; (4) According to the situation, the liability for breach of contract can be partially or completely exempted.
Eight. Ways to resolve contract disputes and other agreed matters
1. In this contract, seedlings belong to non-standardized and unified commodities, and belong to naturalized commodities, so it is impossible to reach the absolute standard of knowing the object with one eye. In case of any dispute during the implementation, both parties shall settle it through consultation. If Party A and Party B really cannot reach an agreement through consultation, they can directly bring a lawsuit to the people's court where Party A is located.
2. During the execution of the contract, Party A may reasonably adjust the supply plan according to actual needs. Party B shall do its best to cooperate and modify and improve the contract.
Nine, clean government cooperation
1. Party B shall not entertain Party A's employees, and shall not give in kind, cash or gift certificates in any form.
2. During the performance of this contract, Party B shall take timely measures to stop any improper behavior of Party B's personnel against Party A's personnel and notify Party A in time.
3. Party B has the responsibility to accept Party A's supervision over Party B's honest and cooperative management during the performance of this contract.
4. Party B's staff are obliged to report any form of bribery of Party A's staff to Party A in time; If Party A's staff demands bribes from Party B, and Party B fails to report them to Party A, once verified, in addition to recovering the losses caused to Party A, Party B agrees to deduct 65,438+00% of the total contract price as payable by Party A, and Party B will punish those who know and fail to report them accordingly.
5. If Party B and its staff pay bribes to Party A's staff during the performance of this contract, after investigation by judicial authorities, Party A has the right to dissolve or terminate the performance of this contract, and only settle accounts at 50% of the total price of the performed part of the contract.
X. others
1. Party A and Party B fully understand and know the true meaning of all the terms of this contract. During the execution of this contract, neither Party A nor Party B shall arbitrarily change or terminate this contract.
2. This contract shall come into effect as of the date when both parties seal it.
3. If there are any matters not covered in this contract, both parties shall negotiate and make supplementary provisions, which have the same legal effect as this contract.
4. Both parties agree to settle accounts according to the settlement documents listed in the annex (if any), which are an integral part of this contract and have the same legal effect as this contract.
5. The original of this contract is in triplicate, two for Party A and one for Party B, all of which have the same legal effect.
Party A: (Seal) Party A's legal person, representative, telephone number, address, date and place of signing the contract;
Attachments: 1, delivery note 2, material receipt document 3, internal settlement payment voucher
Party B: (Seal) Legal Person of Party B: Representative of Party B: Tel: Address:
Date, year and month
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