Article 1: Party A:
Party B:
Article 2 According to the provisions of the Economic Contract Law of the People's Republic of China, Party A and Party B agree to sign this contract on the purchase of equipment from Party B. ..
Article 3: Contract Payment.
The contract amount is RMB: ￥
Article 4: Packaging and Quality
All equipment models are consistent with the order, ensuring the original products.
Article 5: Terms of payment and delivery: The goods shall be delivered within 1 week. Party B is responsible for transporting the equipment to the place designated by Party A by car, with free delivery in Shenzhen.
Article 6: Liability for breach of contract
1. Except for force majeure, if either party breaches the contract, the breaching party shall bear the responsibility and compensate the other party for the economic losses caused thereby. The above equipment was specially ordered by Party B for Party A, and Party A shall not terminate the contract.
2. After receiving the goods, Party A shall timely accept and sign for them. In case of shortage of goods, poor packaging and lack of accessories, Party A shall notify Party B in writing within 3 days and send them to Party B's company as they are. If it is overdue, it shall be treated as qualified by Party A..
3. Party B shall ensure timely delivery, and if it is delayed for one day, it shall pay Party A three thousandths of the corresponding delayed goods as compensation; Party A shall ensure that the payment is made on time, and shall pay Party B a late payment fee of three thousandths for one day overdue.
Article 7: After-sales service
All products under the contract are guaranteed free of charge within 1 year, except for speakers (except for improper use, parts wear and natural disaster damage). The products provided are maintained for life, and only reasonable maintenance fees are charged after the free warranty period.
Article 8: Force Majeure
Force majeure refers to flood, fire, earthquake, typhoon, strike and war. If either party is unable to perform the contract due to force majeure, the performance period shall be extended accordingly according to the time affected by force majeure. The affected party shall cable the other party within three days after the occurrence and termination of force majeure.
Article 9: Arbitration
All disputes arising from the execution of this contract shall be settled through friendly negotiation. If no settlement can be reached, it can be submitted for arbitration. The place of arbitration is Shenzhen.
Article 10: This contract is made in quadruplicate and shall come into effect after being signed and sealed by both parties.
Article 11: All correspondence, letters, faxes and other written documents related to the execution of this contract signed by both parties have the same legal effect as this contract.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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The second model company sales contract in 2020
Party A (shipper): Party B (carrier):
According to the Contract Law of People's Republic of China (PRC) and the relevant provisions of road transport services, in order to ensure the quality of transport services, safeguard the rights and interests of both parties and standardize mutual cooperation, Party A and Party B, based on the principle of equality and mutual benefit, have determined that Party B is a long-term cooperative third-party logistics company of Party A through full consultation, and have reached the following terms on Party A's cargo transport services for both parties to abide by.
Article 1: Term of Contract
The contract period is from September 20xx 1 day to September 20xx 1 day.
Article 2: Annex Description
During the above-mentioned contract period, Party A entrusts Party B to transport the goods. The name, specification, quantity, value, freight, place of arrival, consignee and delivery date of specific goods shall be determined by the logistics list signed separately by Party A and Party B. The signed logistics list is an annex to this contract and has the same legal effect as this contract.
Article 3: Qualifications required by Party B:
1, with independent legal personality and business license issued by People's Republic of China (PRC) State Administration for Industry and Commerce;
2. Have the tax registration certificate and financial settlement certificate issued by the competent tax authorities in People's Republic of China (PRC);
3. It has a road transport business license issued by the transportation department of the People's Republic of China;
4. Have more than three years of experience in road transportation and distribution, and have a fixed business place and necessary communication facilities;
5, with the corresponding transportation capacity and necessary means of information monitoring, a complete service quality assurance system.
Article 4: Transportation expenses and settlement methods:
1. Freight: calculated according to the mileage and weight of the goods actually carried by Party B, and the specific standards are implemented according to the logistics list.
2. Price: When the market price decreases, the cooperation price provided by Party B to Party A will also decrease accordingly. The cooperation price offered by Party B to Party A shall be lower than the market price in the same range or the price offered to other companies. Otherwise, once found, Party B shall refund the current freight difference to Party A and compensate Party A for 50% of the current freight as liquidated damages.
3. Payment method: both parties agree to adopt cash on delivery, that is, when Party B picks up the goods, it pays the goods carried by Party B in advance, and after the goods are delivered to the destination consignee for signing, Party B is responsible for collecting the payment and logistics freight from the consignee.
4. Logistics list: Party A's logistics list is made in quadruplicate, and the first copy shall be kept in Party A's warehouse after being signed by both parties to check the quantity of goods. Party B shall hold the list of goods in triplicate, and the fourth copy shall be given to the consignee (note: consignee: the ultimate goal of goods delivery. Hereinafter referred to as "customer". ) reservation; After the other two copies are signed by the customer, Party B shall keep the second copy and return it to the third copy of Party A's finance (note: the third copy of the logistics list, hereinafter referred to as the "receipt") as a valid transportation inspection settlement voucher. Party A shall review the receipt returned by Party B, and settle the current logistics and transportation service within 10 days after confirming that the receipt is true and valid, the goods arrive on time and there are no missing or damaged problems; Otherwise, the corresponding deposit will be deducted according to the provisions of Article.
Article 5: Basic cooperation obligations of Party A and Party B:
1. The goods entrusted by Party A to Party B are mainly animal products and feed; Party A shall settle accounts according to the actual quantity of documents, and Party B shall meet Party A's requirements in terms of transportation capacity, transportation time, transportation safety and reliability, and quickly equip transportation tools according to Party A's traffic volume to ensure the quality of transportation service.
2. The transportation price and transportation time shall be implemented according to the contents of the transportation time price list confirmed by both parties, and shall not be changed unilaterally and arbitrarily during the contract period, including all door-to-door fees, otherwise it will be regarded as a breach of contract.
Three. Obligations of Party A:
1. The goods shall be packed according to national standards. If there is no uniform packaging standard, the packaging shall be carried out according to the principle of ensuring the transportation of goods. If the packaging of Party A's goods does not meet the above requirements, Party B shall lodge a complaint with Party A, and if Party A does not correct it, Party B may refuse to start the shipment.
2. Party A shall settle the freight with Party B according to the standards and settlement methods agreed with Party B. ..
3. If the customer refuses, Party B can provide a true and effective receipt, and the returned goods are intact. After the examination and acceptance by Party A, Party A shall pay the round-trip freight to Party B..
Four. Obligations of Party B:
1. When accepting the entrustment of Party A's transportation business, Party B shall complete the logistics transportation task on time, with good quality and quantity in strict accordance with the requirements of Party A's logistics list and entrusted items, and be responsible for the safety of Party A's transportation business. That is, within the specified time limit, the goods will be transported to the place designated by Party A, delivered to the customers designated by Party A, and the corresponding receipt certificate will be obtained.
2. After Party A delivers the goods to Party B by express delivery, Party B has the obligation to keep the goods of Party A safe and intact during the delivery period; In case of loss, shortage or damage, Party B shall compensate the corresponding losses.
3. If the customer refuses, Party B shall handle the corresponding receipts and formalities according to the procedures agreed in the contract, and return the goods to Party A according to the above requirements; Party B shall not handle it by itself.
Article 6: Risk Deposit
1. The risk of goods shall be borne by Party B: from the time when Party A's goods are received at the fender of Party B's truck to the time when the goods arrive at the destination and are unloaded after being signed by the customer.
2. Party B agrees to pay RMB to Party A in one lump sum when signing this contract. If the goods are intact during the transportation of Party B, Party A will return the goods to Party B within 30 days after the expiration or termination of the contract. If the cooperation continues, the risk money will be directly transferred to the next cooperation contract. If losses are caused to Party A due to Party B's responsibility, Party A will deduct them from the deposit according to the sales invoice price and the amount claimed by Party A's customers from Party A. Party B has the ownership of the damaged goods, and Party B will dispose of the damaged goods without affecting the sales market of Party A and the reputation of Party A's company and products.
Article 7: Location of transportation: Dongming Town, Naiman Banner, Inner Mongolia; Arrival place: Liuliqiao, Fengtai District, Beijing
Article 8: Requirements and agreements on transport service management matters:
1. When Party A has transportation tasks, it shall notify Party B's contact person by telephone or fax one day in advance to confirm the contents of transportation entrustment, including the date and time when the vehicle needs to arrive at Party A's factory, the quantity of goods to be transported, the suggested vehicle type and the unloading city. Party B must give a reply within one hour after receiving Party A's notification of task delivery, and clearly inform the vehicle number, driver's name, telephone number, etc. , and ensure that the vehicles arrive at the factory for loading on time, otherwise, Party A has the right to choose another carrier.
2. The transport vehicles provided by Party B must meet the loading requirements of Party A; The car is in good condition, the inner wall of the cargo compartment is free of water stains, dry and clean, and there are no pollutants such as leakage, non-toxicity and odor. The gondola car must be equipped with protective articles such as tarpaulins and ropes.
3. Party B must obey the command of Party A's on-site management personnel, abide by the rules and regulations of Party A's factory warehouse, and shall not quarrel, fight, spit or litter with Party A's delivery personnel.
4. When Party B arrives at the delivery place designated by Party A, the driver or delivery personnel must carry valid certificates and drive into the designated area to wait for loading with Party A's permission. Party A and Party B shall hand over the goods at the fender of the truck, and Party B shall make an inventory of the goods carried and go through the receiving and dispatching procedures as required by Party A.. If there is any discrepancy in the quantity, safety and integrity of the goods after the delivery formalities are handled by both parties, Party B shall bear all losses.
5. Protective materials such as wooden boards must be placed between the binding rope and the product packaging to ensure that the product will not be deformed due to collision. If Party A's goods are lost or damaged due to any factors after shipment, all losses shall be borne by Party B;
6. After Party A's goods are loaded on the vehicle designated by Party B, the responsibility of keeping the goods is transferred to Party B. If the goods are lost, damaged, polluted, damp and rusted during transportation, including the theft of the whole vehicle, Party B shall be liable for compensation; Insurance matters shall be borne by Party B; Party A has the responsibility to assist in providing relevant information required by Party B for claim settlement;
7. When Party B carries Party A's goods, it shall safely deliver them to the customer's receiving place designated by Party A within the time specified by Party A. If Party B unilaterally delays the delivery time and other reasons, Party A's customers refuse to receive or return the goods, and all losses caused to Party A shall be borne by Party B, and Party A has the right to terminate the contract and investigate Party B's liability for breach of contract.
9. When the goods arrive at the customer, Party B shall ask the customer to fill in the receipt certificate when handing over the goods to the customer. If the customer refuses, ask him to fill in the rejection certificate in detail, and contact the person in charge of transportation of Party A in time to solve the problem. The certificate of receipt or rejection shall be regarded as the proof of the completion of the transportation obligation. If Party B cannot provide the receipt certificate, it must provide the rejection certificate, return the goods it carries and ensure that they are intact; If Party B fails to provide vouchers, and the goods or investigation vouchers are inconsistent with the facts, it will be regarded as Party B's fault, and all problems arising therefrom will be borne by Party B. ..
10. If the consignee cannot be found and the customer refuses the goods, Party B shall promptly contact the person in charge of transportation of Party A to solve the problem, and Party B shall not unload the goods or pull the goods back to the warehouse without authorization. Without the approval of Party A's written documents, Party B shall not withdraw the goods from Party A's customers at will, and Party A has the right to reject the goods withdrawn by Party B without authorization. Regardless of whether Party A receives the goods or not, Party A will not settle the transportation and other expenses arising therefrom;
1 1. When the goods arrive at Party A's customers, and some goods are damaged or in short supply, the consignee shall record the damage on the delivery note, and indicate whether it is accepted or not, and both parties shall sign for confirmation; Party A and Party B negotiate to deal with the damage compensation, and Party A decides whether to pull the goods back to Party A's warehouse. After all returned goods are pulled back to the warehouse, Party A's warehouse must be notified for acceptance, and Party A's warehouse will issue a receipt certificate.
12. The goods delivered by Party A to Party B are important means of production for customers, and Party B should attach great importance to them to ensure that the goods arrive on time. If the arrival of the goods is delayed due to force majeure other than natural disasters, and if the customer thinks it is Party A's responsibility, Party B shall fully compensate Party A for its economic losses. If the goods cannot reach the destination on time due to force majeure such as natural disasters, Party B shall promptly notify Party A and obtain relevant certificates so that Party A can coordinate with customers.
13. If the goods are lost, short or damaged during transportation, Party B shall compensate Party A for the economic losses according to the following standards.
(1) if the goods are lost or cannot be used normally, full compensation shall be made according to the price recorded in the waybill; If the price is not recorded on the waybill, it shall be compensated according to the ex-factory price of Party A's similar products. ..
(2) If the goods can be used normally after repair and the customer has no objection, compensate for the repair costs (including replacement costs, labor costs and round-trip travel expenses of repair personnel, etc. ).
14. If the arrival of the goods is delayed due to the circumstances in Clause 13 of Article 8 of this contract, Party B shall not only bear the responsibilities according to this article, but also implement the provisions in Clause 12 of Article 8 of this contract.
15. In case of force majeure or traffic accident, Party B should immediately call Party A to explain the situation, so that Party A can get in touch with customers in time and take corresponding remedial measures.
16. Party B shall not disclose all kinds of business information or transportation business that it contacts with Party A's customers. Once found, Party A has the right to terminate the contract. If losses are caused, Party A will hold Party B accountable according to law.
Article 9 Other explanations:
1. Both parties shall abide by the terms stipulated in this contract. If Party A and Party B find that the behavior of the other party violates the terms of this contract, seriously violates business ethics or damages the interests of the other party, the breaching party shall bear all losses caused to the other party.
2. Matters not covered in this contract or disputed matters shall be settled by both parties through consultation; If negotiation fails, it shall be settled through arbitration or litigation by the local arbitration commission.
3. This contract will automatically terminate upon expiration, and can be renewed if both parties continue to cooperate.
4. The original of this contract is in duplicate, each party holds one copy, which has the same legal effect and comes into effect as of the date of signature by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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The third model of company purchase and sale contract in 2020
Party A: Party B:
Whereas:
On the basis of equality and mutual benefit, Party A and Party B have carefully negotiated all terms of this contract and reached an agreement on all contents (including statements). Both parties shall strictly abide by all the terms of this contract, and earnestly and comprehensively perform this contract. In case of violation, the breaching party will bear corresponding responsibilities. Based on the principle of good faith, mutual benefit and common development, Party A and Party B entered into this contract through friendly negotiation in accordance with the provisions of relevant national laws and regulations, which is applicable to all commodity transactions under the purchase order issued under this contract. The specific contents of the agreement are as follows:
Article 1 Commodity price
Commodity price 1. 1 refers to the buying and selling price negotiated by Party A and Party B, including value-added tax, customs duty, packaging fee required by Party B, transportation fee to the place specified in the order, and other taxes payable by Party A..
1.2 If the commodity price of Party A rises, it shall notify Party B in writing 30 days in advance and negotiate with Party B for a new price.
After the price of 1.3 is agreed by both parties, Party A shall not raise the price within 60 days.
1.4 If the purchase price, selling price and gross profit structure of the goods provided by Party A cannot meet the market competition, both parties shall negotiate again.
1.5 the commodity price confirmation form is an integral part of this contract, and the settlement is based on the validity period of the current year.
1.6 If the price offered by Party A to any third party is lower than the price offered to Party B under the same conditions; Then Party B has the right to settle the price according to the price given to the third party without notifying Party A. ..
Article 2 Ordering and Delivery
2. 1. Party A shall provide Party B's valid order and Party A's valid delivery note for delivery. If Party A fails to deliver the goods, specifications, quantity, quality and date of the order to the designated place, Party B has the right to reject it.
2.2, the principle of commodity delivery
If Party A fails to deliver the goods according to the date specified in the order or is expected to fail to deliver the goods in a certain time in the future, it shall notify Party B in writing before the final delivery date specified in the order. Where Party B breaches the contract with a third party due to Party A's breach of contract, Party A shall be responsible for compensating the third party, and Party A agrees.
2.3 Party B's e-commerce platform promotes Party A, and Party A needs to provide two samples of each product specification and each product for free and put them in the e-commerce customer service center, so that consumers can visit the products at any time within 24 hours.
Article 3 Commodity Inspection and Return
3. 1. Party B has the right to inspect the goods at the place of production or destination. If the goods do not meet the requirements of the order, Party A's description of the goods and relevant national regulations, Party B has the right to return the goods and cancel the undelivered order. All expenses arising therefrom shall be borne by Party A, and Party A agrees. And take back the returned goods within the time specified in Party B's notice or return them directly by the shopping mall, and all expenses shall be borne by Party A. ..
3.2. If it is found that the quality of the goods does not meet the acceptance criteria within 1 month after Party B accepts each order and puts it in storage, Party B may request to return the goods at the expense of Party A. ..
3.3. If the goods provided by Party A are unsalable, badly packed or inconsistent with the delivery specifications and quantity, Party A shall unconditionally accept Party B's return.
3.4. The return payment and return freight shall be deducted from the payment payable. If the payment is insufficient, Party A shall make up the difference, and Party A agrees.
3.5. Party B shall notify Party A in writing to return the goods, and Party A shall be responsible for taking or delivering the goods to Party B in writing within 7 days after receiving the written notice. Otherwise, Party B has the right to handle the goods by itself, and all the expenses required for returning the goods shall be borne by Party A. ..
Article 4 Commodity quality
4. 1. The goods provided by Party A shall meet the national standards stipulated by China and the standards stipulated by laws and regulations.
4.2. Party A shall take full responsibility for the quality of the goods provided, undertake all responsibilities caused by quality problems, and compensate Party B for all losses.
4.3, after-sales service
4.3. 1 If the customer complains or returns goods due to quality problems, the supplier must return the goods unconditionally, and the related expenses shall be borne by the supplier, and the supplier shall be required to bear all responsibilities according to the negative impact. If the customer complains or is exposed due to the introduction of fake and inferior products, the supplier shall treat them according to the value of the goods, and bear all major and joint liabilities.
4.3.2 If there is a shortage of quantity and accessories of the original packaged goods provided by Party A, Party B shall notify Party A in writing and be approved by Party A..
4.3.3. If the relevant national functional departments in China conduct random inspection on the goods provided by Party A, Party A shall bear the relevant expenses (including the value of the goods itself).
Article 5 Barcode and packaging of commodities
5. 1. The mark of commodity packaging shall conform to the description of the mark in People's Republic of China (PRC) laws and regulations.
5.2. According to the sales needs, Party B may require Party A to carry out batch or collective packaging, and the packaging must also be printed with a bar code that meets the requirements.
Article 6 Ownership and Intellectual Property Rights
Party A guarantees that all the goods provided are legally authorized to be produced or sold. If the goods sold by Party A to Party B infringe intellectual property rights such as patent rights and trademark exclusive rights, or are fake and shoddy goods, all legal responsibilities and economic losses caused thereby shall be borne by Party A.. ..
Article 7 Payment for goods
For the goods delivered by Party A to Party B, the payment method is as follows.
7. 1, payment calculation base date:
Before _ _ _ _ _ of each month, remit the payment for the last month's sales expenses to Party A (one-day sales settlement is called _ _ _ settlement), and the calculated quantity shall be based on the quantity of goods delivered and sold by Party A to Party B on the benchmark date.
7.2. Payment:
Party B shall issue a "payment notice" to Party A according to the calculation result in the preceding paragraph, and pay the amount listed in the payment notice to Party A.. Payment terms are listed in the supplier's transaction contract.
7.3. Objection to payment notice:
If Party A has any objection to Party B's payment notice, it shall inform Party B in writing within three days from the date of receiving Party B's payment notice. If the time limit is exceeded, it shall be deemed that there is no objection and Party A agrees.
7.4. Party A shall submit the VAT invoice:
Party A shall submit the valid VAT invoice of the received money to Party B's settlement center according to Party B's regulations. If Party A submits an invalid tax increase invoice or an incorrect VAT invoice before the date set by Party B, resulting in Party B's untimely operation, the payment date of this sum shall be postponed to the latest payment date after submitting a valid VAT invoice.
7.5. Payment terms:
(1) VAT invoice, the invoice amount should be consistent with the transaction price.
(2) Reports, payment notices and other documents required by Party B and other conditions required by Party B. ..
7.6. Agreement on account period:
7.7. Payment method: Party B makes online payment through the bank. If Party A's address, account number and bank are changed, Party A shall present the company certificate to Party B's purchasing department to handle the change procedures, and confirm with Party B's financial signature and official seal.
7.8. If Party A fails to deliver the goods and return the goods as agreed in this contract, Party B has the right to postpone the payment for the goods, and Party A shall bear the relevant responsibilities.
Article 8 the validity of the contract
8. 1. This contract shall come into effect as soon as it is signed. Without consultation, neither party may change or terminate the contract. If it is really necessary to change or cancel, it shall notify the other party in writing in advance. However, the written notice of changing or terminating the trading relationship between the two parties shall be delivered at least 30 days in advance. If the contract is terminated, the creditor's rights and debts of Party A and Party B will be liquidated within 3-6 months, and the contract will be terminated. When the contract is terminated, Party B has the right to return all the unsold goods of Party A to Party A. ..
8.2. If this contract cannot be performed in whole or in part due to force majeure, this contract may be modified or terminated, but the party with force majeure shall notify the other party in writing in time.
8.3. The validity period of this contract is from the date of signing to the date of year, month and day.
Article 9 Dispute settlement
9. 1 Any dispute arising from the execution of this contract shall be settled through negotiation first. If negotiation fails, both parties agree to bring a lawsuit to the people's court where Party B is located.
9.2 This contract shall be verified by both parties and stamped with the authorization seal, and shall come into effect after being signed by the personnel above the executive director (or the authorized person of the company).
9.3 Matters not covered in this contract shall be concluded and clarified in the form of supplementary agreement after negotiation by both parties. The supplementary agreement has the same legal effect as this contract.
Article 10 Others
10. 1. The employees of the signatory company have the right to represent all parties and ensure that all parties perform the contract. Authorized personnel of Party A: authorized personnel of Party B:
10.2. If the above-mentioned employees of Party A cannot represent Party A due to the needs of Party A's company, Party A shall immediately notify Party B in writing. If Party A fails to notify Party B immediately, the losses or expenses arising therefrom shall be borne by Party A, and Party A agrees to this without affecting the effectiveness of this contract.
10.3. The following address, telephone number and fax number are the contact information of both parties. If there is any change, both parties shall immediately notify the other party, otherwise the changing party shall bear the relevant responsibilities.
10.4. This contract is made in duplicate, with each party holding one copy.
10.5, other protocols:
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _