Employer (Party A)
Contractor (Party B)
In order to improve the economic benefits of Party A and Party B, integrate the resources of both parties, and give full play to the advantages of logistics enterprises, according to the relevant provisions of the Contract Law of People's Republic of China (PRC), this contract is hereby concluded through equal and voluntary consultation between Party A and Party B for both parties to abide by and implement.
Article 1 Contracted business matters
The contracted business matters involved in this contract are: the right to transport goods and the right to operating income. Where the contracted vehicle is provided by Party A, Party B also enjoys the right to use the vehicle.
Party B's right to transport goods, business income and vehicle use is restricted by the provisions of this contract.
Article 2 Term of Contract
The term of contracted operation is years, that is, from year to year.
After the expiration of the contracted operation period, if Party A continues to contract, under the same conditions, Party B has the priority to contract.
During the contracted operation period, Party A and Party B may modify or terminate this contract according to the provisions of this contract.
Article 3 Method of Contract
First, the basic contract management mode:
1. The goods provided by Party A shall be transported by Party B to the place designated by Party A or the owner.
2. Party A shall handle the consignment formalities and settle the freight with the shipper.
According to business needs, Party A may also entrust Party B to handle the consignment formalities and freight settlement in writing (not verbally).
3. Party B must complete the transportation business arranged by Party A or designated at any time within the time limit notified by Party A. ..
4. Reverse payment of contract money, that is, Party A pays the contract money agreed in this agreement to Party B. ..
5. During the contracted operation period, Party B shall bear the operating expenses such as fuel, gas, road and bridge tolls, vehicle maintenance fees (except those compensated by insurance companies).
Second, supplementary contract management mode:
Party B can choose the following modes as the mode of transportation to complete the contracted operation (inspection)
1, Party A provides transportation. ( )
License plate number, model, tonnage, mechanical condition, service content and price of logistics vehicles provided by Party A..
Car brand and model
Vehicle license plate number
tonnage
Mechanical condition
Car trunk
inner diameter
buy
time
automobile
All of them.
automobile
Working tool
Yunhang
Square formula
After the expiration of this contract, Party B shall submit the overhauled motor vehicle and repair tools to Party A for acceptance.
2. Party B uses its own vehicle as a means of transportation. ( )
The modes of transportation of Party B are: car number and frame number.
, engine number and vehicle tools.
3. The above vehicles must be in good condition, qualified, safe and applicable, and meet the national mandatory standards for driving and freight transportation.
4. The above vehicles shall be insured by Party A in a unified way.
5. The maintenance of the above-mentioned vehicles during the contract operation period shall be carried out in the repair shop designated by Party A. ..
Trucks are transported by shuttle bus. It runs on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays, and legal holidays will be notified separately.
The truck shall operate in accordance with the Quality Evaluation Standard for Bus Management and Operation formulated by Party A. ..
Article 4 Contract operating margin and contract funds
First, the contract operating margin.
After the contract comes into effect, Party B shall pay Party A the contract operation security deposit of RMB 50,000.00 Yuan, of which RMB 30,000.00 Yuan shall be paid by Party B when the contract comes into effect. The remaining 20,000 yuan shall be paid by Party B within 3 months after the contract comes into effect. The security deposit is the guarantee of compensation funds for losses caused by Party B due to reasons other than Party A during the contracted operation period.
The contract operation deposit shall be paid in one lump sum. During the contract period, the deposit does not pay bank interest.
Upon the expiration of the contracted operation, if both parties have no creditor's rights and debts, Party A shall return the remaining margin after deducting the margin commission to Party B in one lump sum within 30 days.
Second, the contract amount.
1, and the contract price shall be paid according to the freight bill. The payment amount is RMB yuan.
2. If the contracted funds are paid cumulatively, they shall be paid on June 12- 18 of the month following the contracted operation.
Article 5 Rights and obligations of Party A
1. Party A has the right to correct Party B's illegal behavior in cargo transportation.
Party A has the obligation to ensure that the freight qualification of this enterprise is legal, and the vehicles provided meet the national mandatory standards for driving and freight transportation.
2. Party A has the right to organize and allocate the goods independently according to the business needs of the enterprise.
Party A has the obligation to organize stowage for Party B fairly, justly and reasonably.
3. Party A has the right to regularly organize Party B to study safety and professional ethics and conduct assessment. The study time is month day, and Party A has the right to notify Party B to participate in the temporary study.
Party A has the obligation to organize Party B to participate in learning, training, appraisal and other activities organized by the competent department in accordance with the regulations and notices of the competent department.
4. Party A has the right to formulate the rules and regulations of the goods transportation of this enterprise. (Rules and regulations are annexes to this contract)
Party A has the obligation to ensure that the rules and regulations conform to the characteristics of the logistics industry or trading habits, and shall not increase the burden and responsibility of Party B. ..
5. During the contract operation period, Party A has the right to designate a special person to check the safety, capacity and condition of the vehicles used by Party B.. Party A has the right to ask Party B to stop transportation if there are potential safety hazards in the vehicle used by Party B. ..
Party A has the obligation to ensure the normal transportation of Party B and shall not interfere unreasonably.
6. Party A has the right to formulate uniform service specifications according to business needs and post uniform signs or advertisements on transport vehicles. (The unified service specification formulated by Party A is an annex to this contract)
Party A has the obligation to ensure that the unified service standard conforms to the characteristics or trading habits of the logistics industry, and shall not increase the burden and responsibility of Party B. ..
7. Party A has the right to choose the insurance company and decide to insure the goods against loss.
Party A is obliged to choose an insurance company with excellent service quality, moderate insurance cost and fast management, and notify Party B in writing.
Party A has the obligation to insure the vehicle against compulsory insurance, vehicle loss insurance and third party liability insurance, and to insure the driver's personal injury insurance for Party B. ..
8. Party A has the right to formulate unified freight standards and other charging standards for this enterprise.
Party A has the obligation to ensure that the unified freight standard and other charging standards of this enterprise are not lower than those of the same region and industry.
9. Party A has the right to request Party B to change vehicles or change routes according to business needs, and Party B must cooperate.
Article 6 Rights and Obligations of Party B
1. Party B has the right to arrange transportation independently within the time specified by Party A. ..
Party B has the obligation to ensure the completion of Party A's goods distribution and transportation, and obey the unified goods deployment of Party A..
2. Party B has the right to inspect the goods allocated by Party A, and refuses to transport the goods that are prohibited by the state or may cause danger.
Party B has the obligation to repair and maintain the vehicle according to the relevant regulations of the vehicle, and ensure that the safety performance of the vehicle is intact and the appearance is neat. Party B has the obligation to abide by traffic regulations and motor vehicle operating rules to ensure driving safety.
3. Party B has the right to refuse to pay the fees other than those agreed in this contract or stipulated by the competent department, and has the right to raise objections to the fees that Party A has no basis for or complain to the competent department.
Party B is obliged to pay the freight and other settlement fees to Party A according to this contract, and shall be responsible for the losses caused to Party A due to the delayed payment.
4. Without the written consent of Party A, Party B shall not dump goods, change cars or load goods during transportation.
Do not give the vehicle to a third party to drive, do not bring a third party unrelated to work, do not use the vehicle in violation of the business purpose agreed in the contract, and do not detain or detain the transported goods in disguise for any reason.
5. Party B has the right to put forward suggestions and amendments to the rules and regulations and unified service specifications formulated by Party A. ..
Party B has the obligation to strictly abide by the rules and regulations and unified service standards formulated by Party A, and shall be liable for the losses caused to Party A by violating the rules and regulations and unified service standards.
6. Party B has the obligation to notify Party A and the insurance company within 30 minutes when traffic accidents and accidents occur during transportation, and immediately call the police.
7. Party B has the obligation to ensure smooth communication channels, and can accept Party A's freight deployment at any time.
8. Party B has the obligation to keep Party A's business secrets.
Article 7 Risk taking of cargo transportation
First, the risk of cargo transportation.
The risks of cargo transportation include but are not limited to material losses caused by traffic accidents, cargo damage, violation of regulations and natural disasters. And the liability for compensation for people inside and outside the car.
Second, take risks.
1. Party B shall bear all administrative penalties caused by traffic violations.
2. For traffic accidents, except for accidents caused by the inherent reasons of the means of transportation provided by Party A, Party B shall bear the liability for compensation for accidents in other cases.
Party B's liability for compensation shall be deducted from the part actually paid by the insurance company, unless the insurance company refuses to accompany it according to law.
3. If the goods are damaged, Party B shall be liable for compensation in other cases except for the inherent reasons of the means of transport and the packaging of the goods provided by Party A..
Party B's liability for compensation shall be deducted from the part actually paid by the insurance company, unless the insurance company refuses to accompany it according to law.
4. Material losses and liability for compensation caused by accidents and natural disasters shall be handled in accordance with relevant national laws and regulations, and Party B shall provide written certificates from the competent authorities.
5. The determination of the internal reasons for the packaging of vehicles and goods shall be subject to the written confirmation of the relevant state inspection agencies.
6. Where Party B suffers personal injury, Party A shall not undertake any compensation or compensation liability except for the actual compensation arranged by the insurance company.
Third, compensation for processing costs.
In the process of determining and handling the liability for compensation, including but not limited to personnel salaries, travel expenses, court litigation fees, necessary lawyer's agency fees, case handling fees of competent authorities, appraisal fees and other expenses, all shall be borne by Party B..
Article 8 Liability for breach of contract
1. During the performance of this contract, both parties shall strictly perform it and shall not unilaterally dissolve or terminate this contract. () In case of violation, the breaching party shall pay RMB to the other party as liquidated damages. Other direct economic losses shall be compensated separately by the breaching party.
2. Under the following circumstances, Party A shall pay Party B a penalty of 20% of the total annual contract fee and compensate Party B for the actual economic losses:
1, the means of transport provided do not meet the mandatory national standards.
2. Party B fails to provide business license and payment voucher, which makes it impossible for Party B to operate.
3. When the supply is tight, allocate the freight to the general contractor.
Three. Under the following circumstances, Party B shall pay Party A a penalty of 20% of the total annual contract fee and compensate Party A for the actual economic losses:
1, the contracted vehicles do not meet the mandatory national standards.
2. Party A cannot guarantee the distribution of freight.
3, can't guarantee the vehicle safety performance in good condition, clean and tidy.
4. Did not participate in the study and training organized by Party A.
5. Giving the vehicle to others to drive, dumping goods, changing vehicles, loading or carrying vehicles unrelated to work without authorization, using the vehicle by a third party or violating the business purpose agreed in the contract.
6. Unable to get in touch due to Party B's reasons.
7. Refusing to implement Party A's unified service specification without justifiable reasons.
Where Party A's customers hold Party A liable for breach of contract due to Party B's breach of contract, Party B shall bear the liability for breach of contract in addition to the above responsibilities.
Four. Under the following circumstances, Party A may terminate this contract, and Party B's contract operation deposit will not be refunded, and Party B shall also compensate Party A for other actual economic losses:
1. Party A has not allocated the freight twice in a row.
2, two consecutive illegal driving and administrative punishment.
3. Failing to attend the study and training organized by Party A for three times.
4, a traffic accident and take full responsibility for the accident.
5. Sign a freight agreement with others in the name of Party A to collect the freight.
6. Theft, intentional damage or intentional loss of goods prepared by Party A.
7. Deliberately disclose Party A's business secrets.
8. Failing to inform Party A and the insurance company in time when a traffic accident occurs.
9. Detention or disguised detention of transport goods
Where Party A's customers hold Party A liable for breach of contract due to Party B's breach of contract, Party B shall bear the liability for breach of contract in addition to the above liabilities.
5. Party A shall pay the contract money to Party B in full and on time. In case of breach of contract, Party B shall pay a penalty of 65,438+0% for each day of breach of contract.
Six, other breach of contract, according to the relevant provisions of the "People's Republic of China (PRC) contract law".
Seven. During the performance of this contract, if this contract cannot be performed due to unforeseeable and insurmountable force majeure such as natural disasters, infectious diseases and national policy adjustments, both parties may dissolve this agreement without assuming the liability for breach of contract.
Article 9 Modification or termination of a contract
This contract may be changed or terminated under the following circumstances:
1. Party A goes bankrupt, dissolves or the business certificate becomes invalid.
2. Party B's vehicle is scrapped, transferred or updated due to accidents or years.
Three. Party B dies and loses the ability to work (work), and is subject to criminal punishment.
Four. The Contract expires and Party A and Party B have not renewed it.
Verb (abbreviation of verb) is agreed by both parties through consultation.
Article 10 Other agreements
1. Any dispute arising during the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit can be brought to the people's court where Party A is located (Chengguan District, Lanzhou City).
2. Party A and Party B confirm that the contractual relationship between them is contractual, and there is no labor, employment or labour relation.
3. The customer information of Party A, the unit price of freight, the variety of goods and the customer information of transportation terminal, etc., which Party B learned during the contracting operation, are all business secrets of Party A. ..
Four. If both parties fail to renew this contract at the expiration of the performance period, Party B shall not sign a transportation agreement with Party A's customers within one year.
Verb (abbreviation of verb) For matters not covered in this contract, both parties may sign a supplementary agreement. The supplementary agreement has the same legal effect as this contract.
The annexes to this contract have the same legal effect as this contract.
This contract shall come into effect after being signed by both parties. ..
This contract is made in duplicate, one for each party.
Article 11 Party B declares that
Party B specifically declares that:
I fully understand the meaning of all the terms of this contract and know the legal effect of this contract. The terms of the contract did not increase my obligations and responsibilities. The basic information I provided is objective and true. I am willing to abide by and strictly implement this contract. If there is a breach of contract, I will bear all the legal consequences.
Party A:
Legal Representative: Address:
Party b:? Address:
Permanent address:
Id number:? Mobile phone number:
Home phone: standby phone:
date month year
Logistics Contract (2)
Party A: _ _ _ _ _ _ _ _ _ _ _
Permanent address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Permanent address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation, to clarify the rights and obligations of both parties; Observe equality. Voluntary. Fair. Based on the principle of good faith, both parties have reached an agreement through consultation to conclude this contract.
I. Project Location: County Town.
Two. Project content: transportation in earth-rock mines
3. Project contracting method: Party B provides vehicle transportation. The average distance is within _ _ _17 _ _ km.
4. Transportation price: Party A pays Party B RMB per ton.
5. The term of the contract is _ _ _ _ _ _ _ _ _ _ * _ _ _.
The responsibility of both sides of intransitive verbs
I. Party A's responsibilities:
1, responsible for everything involved in the construction. Recognition. Tax and other procedures.
2. The construction site shall meet the requirements and time of construction conditions, and Party B shall be provided with accommodation, and all expenses shall be borne by Party B. ..
3. Responsible for dealing with buildings, equipment and pipelines around the construction site. Protection of ancient and famous trees and road traffic police. Urban management. Transportation management and other work matters. (Party A shall be responsible for the overload and general violation on the construction road. If the vehicle is detained for more than 24 hours, Party A shall compensate Party B 300 yuan every day. Not including stolen cars. Or vehicles that have had traffic accidents before), in the transportation process of this project, if the vehicles are confiscated by government departments, both parties shall negotiate that Party A shall compensate Party B according to the market price (except the stolen vehicles). Or a vehicle that has had a traffic accident before)
4, coordinate with other construction units and other relevant departments and the relationship between local villagers and the masses (to ensure smooth roads, roads will be maintained by specialized personnel. )
5. Party A guarantees that Party B has enough goods to transport every day, with at least four cars every day. If the goods cannot be transported by Party B, Party A will use four vehicles to make up the project payment for Party B every day.
6. If Party B can't transport normally due to Party A's failure to pay the project payment on time, Party A shall not only pay the project payment to Party B, but also bear Party B's lost time expenses at the cost of 300 yuan RMB per vehicle per day (if Party A stops working for special reasons, it shall notify Party B in writing in advance and obtain Party B's consent). If Party A fails to pay the freight for more than 7 days, Party B has the right to terminate the contract, recover the freight and lost time from Party A, and claim a penalty of 20,000 yuan.
Two. Party B's responsibilities:
1. Party B agrees that before _ _ _ _ _ _ _ afternoon 10. _ _ _ _ The arrival of 20 or more engineering vehicles and persons with carriages less than 6.3m required by Party A at the designated construction site shall not be delayed for any reason. Party A has the right to terminate this contract if Party B's vehicle exceeds the specified entry time for 3 days or more. In the future, it will be increased according to the needs of engineering quantity, subject to the arrangement and command of Party A..
2. The working hours of Party B's vehicles are tentatively set at 12 hours per day (from 6 am to 6 pm, you can enter the mountain. There is no limit to the time of going out. Party B must carry out transportation operations in an all-round way within the time when it can start construction, and those who can enter the mountain within the specified time must enter the mountain for transportation. When the vehicle breaks down and needs maintenance, Party A must be informed immediately.
3. Party B agrees that the first batch of engineering vehicles with no less than _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The first three days of the first batch of vehicles will be used as running-in work to coordinate and familiarize with the road test. If Party A's commitment is met, Party B agrees to start deploying vehicles to arrive in batches three days later and arrive at the agreed time. If Party B fails to arrive on time, Party B must compensate Party A for the lost time of 5,000 members. If the test fails to meet Party A's promise, Party B has the right to prevent the construction vehicle from leaving the site.
4. Abide by the regulations of the state, local governments and relevant departments on the management of the construction site, and assist Party A to deal with the disturbance caused by the construction and the relationship with the surrounding construction units (residents).
5. Party B shall bear the responsibility for production safety of the project, purchase vehicle insurance, and take full responsibility for accidents and life safety caused by Party B's reasons ... The expenses for vehicle repair and maintenance shall be borne by Party B. ..
6. If Party B stops work without reason or fails to meet Party A's capacity requirements, or disobeys the work arrangement, Party A has the right to find another team to enter the site for construction. And refuse to pay the previous project payment, and compensate Party A for the lost time of 20,000 yuan.
Seven, safety measures:
For safety construction and inspection, Party B must abide by the safety production management regulations proposed by the project, organize the construction in strict accordance with safety standards, and accept the safety inspection and supervision of relevant personnel. Take necessary safety measures to eliminate hidden dangers of accidents. The responsibilities and expenses caused by Party B's ineffective safety measures shall be borne by Party B (civil liability and criminal liability).
8. Settlement of project funds: the project funds shall be settled by weighing bills in tons.
Nine. Payment terms:
After the first batch of _ _ _ _ vehicles of Party B arrive on schedule, Party A will lend 65,438+05,000 employees to Party B as living expenses before construction, which will be deducted from the freight one week later.
The settlement method is weekly settlement. After each day's work, Party B shall submit the transportation bill and refueling bill to Party A, and Party A shall issue the receipt certificate. Settle last week's freight before 5 pm every Monday. In the second week, Party B will deduct RMB 20,000 from the freight as the contract deposit for lost time.
X. If Party A continues to need vehicle transportation, Party A shall give priority to Party B's motorcade under the same conditions.
Xi。 Party B must be able to prove that it owns at least two vehicles, and Party B does not accept the endorsement of non-vehicles in this contract. Once Party B's non-vehicle ownership is found to be in breach, this contract will be automatically terminated immediately.
12. Any work stoppage caused by non-human reasons such as weather, road maintenance, vehicle breakdown maintenance, safety inspection, policy change, etc. shall be borne by both parties, and neither party shall bear the compensation liability of the other party.
Thirteen. All the above agreements are reached by both parties on the basis of equality and voluntariness, and each party holds one copy. Matters not covered in this agreement can be settled by both parties through consultation during the contract period, and this agreement shall come into effect as of the date of signing. If both parties can't handle it, they can solve it through the relevant local judicial departments.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact information: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Contact information: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Unit seal: unit seal: