A purchase and sale contract refers to an agreement that one party transfers the ownership or management right of a commodity to another party and the other party pays the price. Purchase and sale contracts include supply contracts, purchase contracts, pre-purchase contracts, combined purchase and sale contracts, cooperation contracts and adjustment contracts. The following is the sample format of the sales contract I compiled, hoping to provide you with reference and reference.
Model Purchase and Sale Contract (Part I) Party A:
Legal representative:
Party B:
Legal representative:
Based on the principle of equality, mutual benefit and common development, Party A and Party B, through friendly consultation,
Sign a wine sales contract and reach the following agreement on Party B's sales of various drinks of Party A:
Article 1 Rights and obligations of Party A
1. Party A is the official authorized distributor to provide Party B with drinks ... (See qualification certificate, copy of business license and authorization letter of winery company for details).
2. Party A shall provide publicity materials and technical support to Party B in time, and promise to provide all supporting documents, relevant standards and quality inspection reports to Party B.. Any time during the sale of beverages.
3. Party A shall provide the name, specifications, packaging and price, etc. Products (see the quotation for details), and ensure the quality and logo of all the wines supplied, and ensure that the quality of the products supplied meets the national industry requirements. Party A refuses to provide fake and inferior products and parallel imports to protect the legitimate rights and interests of consumers.
4. Party A has the right to know the sales process, sales methods and sales volume of Party B.. Party A will always listen to Party B's report and comments on the actual sales situation.
5. Party A has the obligation to provide business training and guidance to Party B regularly or irregularly, and provide after-sales service.
6. If Party B has product quality problems in the sales process, Party A shall assist Party B to contact the manufacturer to solve them.
Article 2 Rights and obligations of Party B
1. Party B agrees to sell the drinks and beverage products operated by Party A within the business scope, and provide Party A with a copy of the business license, the identity certificate of the legal representative and relevant qualification documents.
2. Party B promises to abide by all supporting documents, requirements and relevant standards provided by Party A. ..
3. Party B promises that if customer complaints are caused by Party B's own service problems (not the inherent quality of products), Party B will solve them by itself.
4. Party B shall not provide consumers with expired or incomplete products due to Party B's responsibility, and Party B shall not copy or sell Party A's imitation products to ensure the legitimate interests of both parties, otherwise the consequences shall be borne by Party B..
5. When selling Party A's products, Party B shall not damage Party A's image, reputation and logo. Party B can only sell Party A's products in its own business area, and shall not resell them in the market, otherwise it will bear all the consequences arising therefrom.
6. Party B shall actively cooperate with the promotion activities of Party A and its manufacturers in Party B's business area, and Party B shall release the information of Party A's new products to lower-level agents, retailers and end users, and actively publicize and promote them in this area.
Article 3 Intention to sell products
Party B agrees to sell the following products provided by Party A during the cooperation between the two parties:
Red wine: such as foreign wine series brands;
Beer: and other series products;
Beverage category: etc.
Article 4 Product Price
The price in Beijing is stipulated by the manufacturer (see the quotation for details). If the product price is adjusted, Party A has the right to adjust the price according to the market linkage, but it must notify Party B in advance, which does not constitute a breach of contract. Where the unified price is not implemented and the product is lower than the standard price, the manufacturer and Party A will not provide sales incentives and preferential policies.
Article 5 Order, Delivery and Return
1. Under normal commercial conditions, Party A will deliver the goods in three time periods every day. Party A shall ensure that the goods ordered by Party B are delivered to Party B's store in time within 24 hours after receiving Party B's telephone or fax order notice. If Party B's business is affected by the failure to deliver the goods on time, Party B has the right to claim compensation, subject to the date on the invoice.
2. If the product is temporarily added or not within the agreed scope, Party B shall explain the situation to Party A and both parties shall settle it through consultation.
3. After receiving the goods, Party B shall immediately check and sign for them, and deal with the problems found immediately, otherwise it will be deemed that the goods are received correctly. The warranty period should be verified at the time of purchase. If a new product needs to be replaced, it must be put forward one month before the critical warranty period, otherwise it will not be returned, and Party A will not be responsible for it.
4. If Party B finds any quality problems, it shall notify Party A in time, and seal up the intact samples as the evidence for negotiation with the manufacturers.
5. Both parties confirm that Party B's staff is the signatory of the goods received by Party B. If there is any change in the personnel received by Party B, Party A shall be informed in writing in time.
6. When returning goods, Party B shall communicate with Party A's sales staff .. The goods returned by Party B to Party A must keep Party A's complete logo and complete packaging, otherwise, Party A will not accept Party B's return.
Article 6 Method of settlement
1, the settlement principle is cash settlement, and the payment amount is subject to the invoice, that is, the payment is made in person.
2. The settlement method is batch settlement, that is, the first payment is settled at the time of the second delivery, and the payment amount is subject to the invoice, and the longest settlement period does not exceed 30 days.
3. If both parties agree to settle accounts on a monthly basis, the day of each month is the reconciliation day, the day of each month is the exchange day, and the settlement amount is the full amount of the statement. If Party B fails to cash the payment on time, and still fails to cash it after being urged by Party A, Party A has the right to temporarily stop supplying the goods until the payment is settled.
4. Both parties confirm that Party A's staff will charge Party B fees. ..
Article 7 Contract Termination and Liability for Breach of Contract
1. In any of the following circumstances, Party B has the right to unilaterally terminate this contract.
Answer: Party A's failure to supply the goods in time as stipulated in the contract has affected the normal operation of Party B. ..
B. The fake and shoddy products provided by Party A are complained by customers and confirmed to be true.
2. In case of any of the following circumstances, Party A has the right to unilaterally terminate this contract. ..
Answer: Party B has failed to pay the agreed amount on time for more than two consecutive months.
B. Party B's main property or business is transferred or transferred, and its assets or credit are greatly changed, resulting in the loss of business ability.
C. Party A is the only supplier designated by Party B. If Party B supplies from other channels, Party A has the right to recover all the rewards and sponsorship fees for Party B. ..
3. If Party B fails to pay the money as agreed, Party A has the right to require Party B to pay 65,438+00% of the liquidated damages (the amount is subject to the statement/invoice).
4. If either party breaches the contract, this contract will automatically become invalid, and the breaching party shall make compensation.
Economic losses caused by the other party. If either party requests to stop performing the contract due to unilateral factors, it shall notify the other party one month in advance. Otherwise, it shall be regarded as a breach of contract and compensate the other party for the economic losses caused thereby.
Article 8 Disputes and settlement
1. Any dispute between Party A and Party B during the performance of this contract shall be settled through friendly negotiation.
If negotiation fails, it can be settled through litigation. This contract stipulates that the court where Party A is located is the court of litigation jurisdiction.
Article 9 This contract shall be valid from the date of signing by both parties. If both parties continue to cooperate after the expiration of the contract, the contract shall be deemed to be still valid.
Article 10 This contract is made in duplicate, each party holds one copy, which has the same legal effect.
Article 11 For matters not covered in this contract or when either party considers it necessary to change the terms of this contract, it shall put forward written opinions, and both parties may sign a supplementary agreement through consultation, which has the same effect as this contract.
Party A:
Legal representative:
Party B:
Legal representative:
Model format of sales contract (II) Party A (buyer):
Party B (supplier):
Based on the principles of voluntariness, equality, mutual benefit, honesty and credibility, Party A and Party B have reached the following terms of the contract through full friendly negotiation, so that both parties can abide by them.
First, the subject matter of the contract.
The product name purchased by Party A is ————————————————————————————————————————————————————————————————————————————————— The equipment not listed in the list is not included in the contract supply; If Party A needs it, it will be priced separately;
Second, the contract price and payment.
1, and the total contract price is RMB _ _ _ _ _ _ _ (in words).
2. Pay a deposit of 30% of the total price after signing the contract;
3. Pay 60% of the total price after purchasing the equipment delivered by the recipient;
4. The retention money is 10% of the total price, and shall be paid within the first month after the equipment debugging is qualified.
Three. Adoption of equipment transportation and risk taking —————————————.
1. Party B consigns the goods on behalf of Party A, and Party A pays the freight directly to the transportation unit before unloading the equipment. Party B shall be responsible for loading the car and bear the risks before loading, and the risks after loading shall be borne by Party A;
2. Party B delivers the goods to the door and bears the freight, while Party A is responsible for unloading; The risks before unloading shall be borne by Party B, and the risks after unloading shall be borne by Party A. ..
Fourth, equipment delivery.
1。 Delivery time: The seller shall deliver the goods in _ _ _ batches within _ _ _ months after the contract comes into effect.
2。 The seller shall fax the relevant contents of the contract equipment to the buyer before the delivery date, so that the buyer can prepare for receiving the goods.
Verb (abbreviation for verb) Equipment acceptance.
1. The equipment shall be accepted at the same time of delivery, and Party A shall sign for it on the acceptance sheet after confirming that the equipment and its ancillary equipment are correct;
2. If the product is found to be unqualified, it shall raise a written objection to Party B within days;
Delivery of intransitive verb data.
The seller shall mail the drawings, materials, technical documents and other technical materials related to the contract equipment to the buyer within _ _ _ _ months after the contract comes into effect.
Seven, after-sales service.
1. Party B provides technical support and services for installation, debugging and maintenance;
2. Party B shall provide free on-site warranty service for 12 months from the date of acceptance. If the product is damaged due to quality problems during the warranty period, Party B shall be responsible for replacing it free of charge;
3. Equipment damage caused by wearing parts, human factors and material corrosion (phosgene, hydrofluoric acid, more than 40% NaOH, KHO concentrated solution) is not within the scope of free service.
Eight, force majeure.
When the performance of this contract is affected by fire, drought, earthquake, war and other force majeure accidents agreed by both parties, the performance period of this contract may be extended or terminated, and the liability for breach of contract may be partially or completely exempted as appropriate.
9. Liability for breach of contract.
1. If Party B delays the delivery for one day, Party B shall pay a penalty of% of the total value of the products not provided, with a maximum of 20% of the total contract value;
2. In case of overdue payment, Party A shall bear% of the total overdue payment as liquidated damages every day from the day after the due date, and the maximum liquidated damages shall not exceed 20% of the contract amount.
X. settlement of disputes.
In case of any dispute arising from the performance of this contract, if negotiation fails, the following option shall be adopted for settlement.
1。 Apply to Zhengzhou Arbitration Commission for mediation and arbitration;
2。 Bring a lawsuit to the people's court of the plaintiff's domicile.
XI。 Other considerations:
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Form of Sales Contract (Part III) Seller: _ _
Buyer: _ _
Signing place: _ _
Signature time: _ _ _ _ _ _ _
1. Product name, specification, model and packaging, etc.
Name: _ _
Material: _ _
Type: _ _
Specification: _ _
Unit price: _ _
Purchase quantity: _ _
Total amount: _ _
2. The above price includes tax, and the seller issues an ordinary VAT invoice to the buyer, and the above price includes freight.
3. The delivery method is express delivery from the seller to the buyer's address or the address designated by the buyer. The buyer's address is:
Four. mode of payment
The buyer will transfer the payment to the seller through WeChat at one time, and the seller will arrange the delivery immediately after receiving the payment. The seller promises that the buyer will receive all the goods within three days.
The seller's WeChat name is _ _; The micro signal is: _ _
Verb (abbreviation for verb) Seller promises.
The goods delivered by the seller are produced by regular manufacturers.
Liability for breach of contract of intransitive verbs
1. If the quality is not up to standard, the seller shall return all the payment to the buyer and bear the penalty equivalent to twice the total contract amount;
2. If the seller fails to deliver the goods in time, the seller shall bear the penalty of 10% of the total contract price for each day overdue; If the overdue period is more than 7 days, the buyer may notify the seller to terminate the contract and ask the seller to bear the liability for breach of contract, or continue to perform the contract and ask him to bear the liability for breach of contract;
3. If the liquidated damages are not enough to make up for the losses of the buyer, it shall also compensate the corresponding losses to the buyer.
7. Any dispute arising from this contract shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court where the plaintiff is located.
Eight. This contract is made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.
Seller: _ _
Buyer: _ _
_ _ _ _ _ _ _ _ _ _ _
Model Purchase and Sale Contract (Part IV) Demander: _ _ _ (hereinafter referred to as Party A)
Supplier: _ _ _ (hereinafter referred to as Party B)
According to the Contract Law of People's Republic of China (PRC), the supplier and the buyer have entered into this contract on a voluntary basis through friendly negotiation, and both parties must strictly abide by it.
I. See the following table for the agreed list of lamps and lanterns products (unless otherwise agreed in this contract, the price agreed in this contract is the price of this product, which includes tax).
Second, product packaging, transportation and insurance:
A) The products shall be packed according to the national standard of similar products, that is, packed in cartons;
B) The products are transported by car, and the transportation expenses and insurance premiums during transportation shall be borne by the supplier; Acceptance criteria, confirmation and installation after receiving products.
A) The supplier's products shall be produced in accordance with the relevant national regulations on this industry, with good quality and quantity;
B) After the goods arrive at the site, the buyer shall organize personnel to carry out inspection and acceptance according to national regulations to confirm the quantity and quality; After the quantity and quality of the goods are accepted correctly, the designated consignee shall sign the bill at the designated position for approval.
Three. Settlement method and time limit:
When signing the contract, the buyer shall remit the total contract amount to the account designated by the supplier: RMB one million three hundred and seventy-eight thousand Yuan only as the down payment (i.e. advance payment); After all the goods arrive at the site, and the quality and quantity of the goods are checked and accepted correctly, the balance will be paid to the supplier or the delivery party.
Term of the contract: 20 years x month x day to 20 years x month x day.
Four, shelf life:
Lamps are guaranteed for two years; Metal halide lamp electronic ballast and electronic transformer are guaranteed for two years; The light source is guaranteed for one year. The above commitment, that is, if the product has quality problems due to the supplier during the warranty period, the supplier will provide corresponding services free of charge.
Verb (abbreviation of verb) liability for breach of contract:
Any party who violates the terms of the contract shall be liable for breach of contract in accordance with the Contract Law of People's Republic of China (PRC) and the following clauses: if the supplier fails to deliver the goods on time, the buyer shall pay liquidated damages according to the bank loan interest of the same period that fails to reach the total payment for each day overdue, and if it is overdue for 20 days, the buyer shall have the right to unilaterally terminate the contract;
If the buyer fails to pay as agreed, the buyer shall pay liquidated damages to the seller according to the bank loan interest for the same period for each day overdue. If the payment is overdue for 20 days, the supplier has the right to terminate the contract unilaterally, and the buyer pays off the payment for the goods supplied.
Dispute resolution of intransitive verbs;
Disputes arising from the execution of this contract between the Buyer and the Seller shall be settled through friendly negotiation. If negotiation fails, a lawsuit may be brought to the local people's court.
Seven, the original of this contract in duplicate, signed and sealed by both parties, the supplier received the advance payment, one for the supplier and one for the buyer. Fax of contract text is valid.
Party A (official seal): _ _
Party B (official seal): _ _
Legal Representative of Party A (signature): _ _
Legal Representative of Party B (signature): _ _
20__ year x month x day
Model Purchase and Sale Contract (Part V) Party A (Buyer): _ _
Party B (supplier): _ _
In accordance with "_ _" and other relevant laws and administrative regulations, the Buyer and the Seller have reached the following agreement on the purchase and sale of building materials on the basis of equality, voluntariness, openness, honesty and credibility:
Article 1 Basic information of purchasing building materials Unit: _ _ yuan/set, total price RMB (in words) _ _ million yuan (in words): _ _ yuan Quality standard:
Delivery time:
Place of delivery:
Article 2 Acceptance: If the specifications, models, quantities and materials of building materials products are not in conformity with the agreement or there are other quality problems, the buyer's objection period shall be within one day after the seller delivers the goods. After verifying the objection, the seller shall unconditionally replenish or exchange the goods.
Article 3 Payment Method and Time: Both parties agree to pay the price by the 1 method. When signing the purchase and sale contract (1), the buyer pays (deposit/advance payment) 400,000 yuan (the deposit shall not exceed _ _% of the total price), and the balance shall be paid in one lump sum after the goods are accepted:
Article 4: Liability for breach of contract
(a) the seller's liability for breach of contract:
1. If the building materials products fail to meet the national standards or agreed quality standards after testing by a professional organization, the seller shall unconditionally exchange or return the goods or compensate the buyer for the losses incurred.
2. If the seller delays the delivery, the seller shall pay the buyer a penalty of% of the delayed delivery price every day; If the delivery is delayed by one day, the buyer has the right to terminate the contract in addition to paying the liquidated damages, and all the deposit, advance payment or price collected by the seller are returned, but the buyer has the right to ask the seller to return the deposit twice without collecting the liquidated damages.
(2) the buyer's liability for breach of contract:
1. If the buyer delays the delivery, it shall pay the seller a penalty of% of the delayed delivery price every day;
2. If the buyer unilaterally terminates the contract without justifiable reasons, it shall compensate the seller for the losses suffered as a result, and the person who has paid the deposit has no right to demand the return.
Article 5 Dispute Resolution: In case of any dispute arising from this contract, both parties shall settle it through consultation or apply for mediation to the market organizer or consumer association, or complain to the administrative department for industry and commerce; If negotiation, mediation or appeal cannot be settled, a lawsuit shall be brought to the people's court, or arbitration shall be applied in accordance with the arbitration clause or arbitration agreement reached separately. Other agreed matters:
Article 6 The modification or supplement of this contract unreasonably lightens or exempts the responsibilities of the seller, and this contract shall still prevail.
For matters not covered in this contract, both parties may sign a supplementary agreement through consultation.
Party A (official seal): _ _
Party B (official seal): _ _
_ _ _ _ _ _ _ _ _ _ _