Equipment Procurement Contract (Purchase of equipment that requires installation and commissioning)
Party A (Buyer): Contract Number:
Party B (Seller): Signing Date:< /p>
After friendly negotiation between the two parties, the following contract terms were reached for the purchase of relevant equipment.
1. Equipment name, trademark, specifications, unit price, quantity, amount
Equipment name
Trademark
Specifications (model)< /p>
Unit price (yuan)
Quantity (unit)
Total amount (yuan)
Note: Unless otherwise agreed in this contract, Party A When Party B is required to provide software and hardware products, ancillary facilities, services or other accessories necessary for the normal operation of the equipment under this contract, there is no need to pay any other fees.
2. Quality requirements
The specific quality requirements are: . If the quality of the equipment does not meet the provisions of this contract, Party A has the right to require the replacement of unqualified parts or the entire equipment until the contract is canceled. Party B shall bear full responsibility for this and shall compensate Party A for any losses caused thereby.
3. Delivery, transportation, packaging
3.1 Delivery time: . During the performance of the contract, Party A may adjust the delivery time as needed. Party B shall provide the equipment-related technical documents required by this contract at the same time of delivery.
3.2 Party B is responsible for transportation and bears the corresponding transportation costs. When the equipment is damaged or lost during transportation, Party B shall replenish the goods as soon as possible within the replenishment period agreed upon by both parties.
3.3 The equipment is packaged. If packaging quality problems affect Party A's use, Party A has the right to require price reduction, exchange, or reject part or the entire batch of products. Party B is required to mark the surface of each equipment box with non-fading and obvious words so that Party A can count it when receiving the goods.
4. Acceptance, installation and debugging
4.1 After the equipment arrives, Party A will count the quantity and packaging of the equipment. Whether Party A inspects the quantity and packaging will not affect the quality of the equipment. Installation and Party A's passing inspection of external packaging does not mean that Party B's equipment quality acceptance has passed. If the equipment is damaged or lost due to no fault of Party A or causes damage to a third party before it is delivered to Party A for use, Party B shall bear the corresponding losses or be responsible for compensation.
4.2 Equipment debugging and installation acceptance
4.2.1 During the equipment installation process, Party A shall cooperate and provide water, electricity, coal, gas and other equipment required for installation. Motivation etc.
4.2.3 Party B is responsible for the debugging of the equipment after installation, and is responsible for the replacement of all damaged parts during the installation and debugging process. The entire installation and commissioning work should be completed within days after the equipment is in place.
4.2.4 After the equipment is debugged and operated, Party A and Party B shall *** jointly conduct an overall acceptance of the equipment. The overall acceptance includes hardware acceptance and software online acceptance to ensure that the equipment meets the requirements and standards stipulated in this contract and can operate normally. After the equipment passes the overall acceptance, both parties will sign the equipment acceptance certificate.
4.2.5 Party B shall bear all responsibilities for safety management and safety accidents during the installation and commissioning of the equipment.
5. Training
If necessary, Party B is responsible for training the on-site personnel of the equipment to basically enable the operators to: 1) be able to operate the equipment independently; 2) be able to operate the equipment independently Routine maintenance of equipment and resolution of common faults. Training fees are included in the total price of the equipment.
6. Payment
6.1 The total contract price shall be paid in accordance with the following agreement:
6.1.1% of the total contract value (i.e. yuan), effective upon this contract Party A will pay Party B within the day after tomorrow.
6.1.2 % of the total contract value (i.e. yuan) will be issued by Party B after the overall acceptance is completed and the acceptance certificate is signed, and Party A will pay within days from the date of receipt of the invoice.
6.1.3 The remaining % of the equipment payment (i.e. yuan) will be used as a quality deposit. When the warranty period expires and both parties have no objections, Party A will pay Party B within 3 days from the expiration of the warranty period.
6.2 Payment method:
7. Warranty and maintenance
7.1 The equipment warranty period is one month, starting from the date when both parties sign the acceptance certificate Start counting. During the warranty period, Party B is responsible for providing free maintenance, parts replacement and other services for the equipment. As long as Party A raises quality requirements, Party B must respond within 24 hours; if Party A deems it necessary, Party B shall assign personnel to the site to solve the problem within 48 hours, and the costs incurred shall be borne by Party B.
7.2 During the warranty period, if Party B shirks or refuses without reason the purchaser's request for repair or replacement services, Party A can solve the problem on its own and pay for the repair or replacement services at the actual cost or market price. Deducted from the warranty deposit, if the warranty deposit is insufficient to compensate for the losses suffered by Party A, Party A has the right to require Party B to pay the shortfall separately.
7.3 If the equipment still fails to meet quality standards after repair or replacement during the warranty period, Party A has the right to return the product and claim compensation from Party B.
7.4 After the warranty period, Party B will charge a cost for equipment repair and replacement services. As long as Party A makes a written request for repair or replacement, Party B shall give a written reply within three days and provide corresponding services.
8. Quality Assurance
8.1 Party B shall ensure that the equipment provided is brand new, has no defects in material or workmanship at the time of delivery, and meets the technical standards proposed by Party A; Party B shall ensure that the equipment it sells can be used normally and properly, and that it will operate well during the life of the equipment under the premise of correct installation, normal operation and maintenance; the materials and parts of the equipment shall meet or exceed Technical standards and specifications proposed by Party A.
8.2 If Party A is unable to detect quality defects in the equipment after the equipment is debugged due to the complexity of the process or the complexity of the defects or the huge delivery quantity or other reasons that Party A deems legitimate, then , as long as Party A finds that the equipment or parts provided by Party B are inconsistent with the aforementioned standards or specifications within one year after the equipment installation and acceptance, Party A still has the right to require Party B to assume corresponding quality responsibilities on the grounds of unqualified quality.
9. Confidentiality
9.1 Without the prior written consent of Party A, Party B shall not mark any information disclosed by Party A during the signing and performance of this contract as "confidential" or "secret" "Any standards, specifications, plans, drawings, models, samples, materials or other information disclosed by Party B to any third party; when Party B provides the above documents to relevant personnel executing this contract, it shall ensure that the relevant personnel abide by confidentiality obligations; since Party B If the leakage of confidentiality is caused by reasons or personnel and causes losses to Party A, Party B shall compensate for all losses.
9.2 This clause constitutes an independent confidentiality agreement. The obligations under this clause will not terminate upon the termination of this contract.
9. Defense against infringement claims
9.1 Party B shall ensure that when Party A uses the equipment or part of the equipment under this contract in the People's Republic of China, it shall be free from any Be subject to litigation, arbitration or any claims filed by third parties regarding intellectual property rights (including but not limited to patent rights, trademark rights, copyrights and non-patented technologies).
9.2 If a claim or lawsuit is filed against Party A because the equipment or part of the equipment sold by Party B infringes on the intellectual property rights of others, Party A will promptly notify Party B of the situation and provide Party B with Party B has received reasonable information and assistance, and authorizes Party B to independently defend and resolve the claim. Party B will defend at its own expense and pay all costs and compensation due to the final judgment or award/ruling of the case, as well as compensate Party A for the resulting All losses suffered.
10. Delays and defects
10.1 Except for force majeure, if Party B delays the delivery of equipment or delays in completing installation and commissioning, 1% of the total price of the equipment will be paid to Party A for each day of delay. Delay liquidated damages. Overdue for more than days, Party A has the right to terminate the contract and purchase from a third party. In addition to the penalty for delay, Party B shall also compensate Party A for the losses caused.
10.2 If the equipment is inspected by the purchaser and confirmed to be defective or the parts do not comply with the contract, Party A may choose according to the circumstances: (1) return the goods and require Party B to compensate Party A for its losses; (2) require supply The supplier shall replace the parts, components and equipment of the defective product, or repair the defective part so that the product meets the requirements stipulated in the contract. Regardless of whether Party A chooses (1) or (2), Party B shall also pay a certain amount of liquidated damages to Party A, and the liquidated damages shall be calculated as % of the total amount of the equipment.
11. Force Majeure
11.1 If either party is forced to stop the performance of the contract or has to postpone the performance of this contract due to a force majeure event, the parties shall negotiate to resolve the further performance of the contract. However, the party suffering force majeure shall take all reasonable measures to minimize delays and losses caused by force majeure.
11.2 The party affected by force majeure shall notify the other party of the relevant situation by telex or fax as soon as possible. Within 14 days of the occurrence of force majeure, the affected party shall provide a certification document issued by the relevant authority to the other party for inspection and confirmation. The affected party shall notify the other party that the force majeure has ended or been eliminated within 3 days after the force majeure is terminated or eliminated.
11.3 If force majeure lasts for more than 30 days, both parties shall conduct friendly negotiations on contract execution issues and reach a written agreement as soon as possible. If a written agreement cannot be reached, either party has the right to terminate this contract.
13. Dispute resolution and legal application
Any disputes not covered in this contract or related to this contract shall be settled through friendly negotiation between the two parties. If negotiation fails, either party may file a lawsuit with the court with jurisdiction over Party A’s domicile. .
14. Changes to the Contract
Any changes or modifications to this contract must be agreed and signed in writing by both parties to be effective. The changed part of the contract constitutes a valid part of the contract and has the same effect as the contract.
15． Effectiveness of the Contract and Others
15.1 This contract is in duplicate and will take effect from the date of signing.
15.2 The attachments to this contract include: , which are an integral part of this contract and have the same effect as the main text of this contract.
Party A: Party B:
Unit address: Unit address:
Authorized representative: Authorized representative:
Fax: Fax:< /p>
Tel: Phone: