The _ _ _ _ _ _ _ _ leasing company (hereinafter referred to as the lessor) and _ _ _ _ _ _ _ _ _ _ factory (hereinafter referred to as the lessee) signed this contract with the following terms: 1 The lessor agrees to lease and the lessee agrees to lease the equipment listed in the annex; The annex is an integral part of this contract.
2. The lease term is _ _ _ _ _ _ years, counting from the date when the lessee accepts the equipment.
3. The total rent is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the lessee fails to pay the rent on time, it shall pay the lessor the interest higher than the bank's long-term loan interest rate of _ _ _ _% as liquidated damages. Within _ _ _ _ _ months after the signing of this contract, the Lessee shall submit a letter of guarantee issued by China Bank to the Lessor to ensure that the Lessee pays the rent as stipulated in the contract.
4. Under the condition of CIF _ _ _ _ _ _ _ the lessor must deliver the leased equipment to the lessee within the time specified in the annex.
5. The lessor shall notify the lessee by telex of the contract number, commodity specifications, number of pieces, gross weight, net weight, total invoice amount, name of ship, estimated arrival time and destination port after shipment, so as to take delivery. At the same time, the following documents shall be sent to the lessee by airmail:
A._ _ _ _ _ _ original bill of lading
B._ _ _ _ _ _ _ copies of invoices
C._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
D. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ is a very good example.
6. After the goods arrive at the port of _ _ _ _ _ _ _, the lessee shall entrust the inspection agency of _ _ _ _ _ to inspect the leased goods. If the quality, specifications and quantity are not in conformity with the provisions of the contract, the lessee has the right to lodge a claim with the lessor within _ _ _ _ _ _ days after the arrival of the goods. Or require the lessor to replace unqualified parts or machines in time at its own expense.
7. During the lease period, the lessor must handle the necessary insurance; Insurance should include third-party liability insurance, so that other interested parties who suffered losses and casualties in the accident can also benefit.
8. During the lease period, the lessor shall provide free post-lease services, including the installation, operation, repair and maintenance of the leased equipment. The contractor must properly keep the leased equipment and keep it durable. If the equipment is damaged due to the wrong operation of the lessee, the repair fee shall be borne by the lessee.
9. The lessor shall provide the lessee with raw materials, fuel and spare parts at preferential prices.
10. Within _ _ _ _ _ _ months after the equipment arrives at the factory building, the lessor shall send _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. All other expenses shall be borne by the lessor.
1 1. In order to achieve the objectives stated in Article 10, the lessor shall provide the lessee with materials related to installation, commissioning, inspection, repair, operation and maintenance free of charge.
12. The lessor's personnel should check the leased equipment at least once every quarter to ensure the normal operation of the equipment. The lessee will give them the necessary assistance.
13. If the lessee has a patent dispute with a third party, the lessor shall be responsible for the result. 14. Without the written consent of the lessor, the lessee shall not sublease the equipment to a third party.
15. At the expiration of the contract, the lessee can adopt _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
B. change the lease contract to a longer term;
C. purchase the equipment directly at the preferential price recognized by both parties.
16. If one party is unable to perform the contract tasks due to force majeure, the time limit for performing the contract shall be extended accordingly.
17. If one party seriously violates a clause of this contract and fails to perform it within _ _ _ _ _ days, the other party may terminate this contract by giving a written notice to the defaulting party _ _ _ _ _ _ days in advance. The breaching party shall be liable for the economic losses suffered by the party entitled to terminate the contract.
18. All disputes related to this contract shall be finally settled by one or more arbitrators appointed in accordance with the mediation and arbitration rules of the International Chamber of Commerce.
This contract is written in Chinese and English, both languages are equally authentic.
Party A (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Model factory lease contract in 2020
Lessor: (hereinafter referred to as Party A) Lessee: (hereinafter referred to as Party B)
Through negotiation between Party A and Party B, Party A's management right is now leased to Party B to operate within the term of this contract, and this contract is hereby concluded.
Article 1 During the lease term, Party B shall conduct independent accounting, pay taxes according to law, operate independently and be responsible for its own profits and losses.
Article 2 During the lease term, Party B must engage in business activities within the legal business scope of Party A, and the business license of Party A as a legal person shall prevail.
Article 3 The lease term is 5 years, from June 20xx to June 20xx.
Article 4 Lease method
1. During the lease period, Party A will lease the company's management rights, office buildings, residential buildings, factories, warehouses, various mechanical equipment, water and electricity facilities, vehicles, office supplies and laboratory equipment to Party B for business use.
2. During the lease period, all operating funds will be raised by Party B, all necessary equipment will be purchased by Party B, and all expenses, including utilities, taxes and fees, staff salaries, raw materials, spare parts, house maintenance, property management and other funds and related expenses will be paid by Party B, and Party A will not be responsible.
3. During the lease term, Party B has no right to borrow or finance from abroad in the name of Party A. If it is necessary to borrow or finance from abroad in the name of Party A, Party A must issue an approval letter for borrowing or financing from abroad.
4. During the lease period, if all kinds of products produced and processed by Party B have quality problems, all economic and legal responsibilities shall be borne by Party B, and Party B shall not be held responsible.
Article 5 Lease fees and payment methods
During the lease operation period, the lease fee of Party B is calculated according to the actual sales delivery quantity of Party B, that is, one ton of sales delivery is delivered to 50 yuan, and the sales delivery quantity of 20,000 tons is delivered to 6,543.8+0,000 yuan, and so on. Calculate the sales delivery quantity once a month, and settle and pay the lease fee before 10 every month.
Article 6 Use of Lease Fee and Net Profit
1. The rent collected by Party A must be used to pay interest on bank loans and repay other debts of the company, and shall not be used for other purposes.
2. 60% of the net profit of Party B's lease operation must be used to repay the company's debts, and 40% shall be used by Party B independently. When Party B repays Party A's debts, regardless of the amount, Party A will issue an IOU to Party B to handle the loan procedures.
Article 7 Party A shall make an inventory of existing equipment, vehicles, water and electricity facilities, trailers, etc. And hand it over to Party B for use within the contract period. Party B shall carry out normal maintenance and repair, and the expenses shall be borne by Party B. In case of damage, loss or loss, Party B shall be responsible for compensation.
Article 8 During the lease term, Party B shall be responsible for any safety accidents, and Party A shall not be held responsible.
Article 9 Termination of the Contract
1. After the contract is terminated, Party B shall return the factory building and house, machinery and equipment and all facilities to Party A within 15 working days.
2. Party B's decoration and other investments in the factory belong to Party A, and Party A does not need to compensate Party B. ..
Article 10 Liability for breach of contract
Regardless of whether the breaching party violates any terms, the breaching party shall pay the observant party a penalty of RMB 50,000.00 for each term. In case of repeated breach of contract, the breaching party shall pay the liquidated damages several times according to the above standards.
Article 11 Matters not covered in this contract shall be settled by both parties through consultation.
Article 12 Any dispute between the two parties shall be settled through friendly negotiation. If negotiation fails, bring a lawsuit to the people's court where Party A is located.
Article 13 This contract shall come into effect after being signed by both parties.
Article 14 This contract is made in duplicate, with each party holding one copy. Have the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Model factory lease contract in 2020
Party A (Lessee): Party B (Lessor):
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and regulations, and following the principles of equality, voluntariness, fairness and good faith, Party A and Party B have reached an agreement on the relevant matters concerning Party A's leasing of cranes owned and managed by Party B for Party A's construction projects in Chengdu.
First, the rental fee:
Rebar removal is 8.00 yuan/ton;
8.00 yuan/ton for dismantling steel bars and turning over fences;
Other crane fees shall be charged according to disappearance: ￥ 160.00 yuan/hour;
Remarks: In addition to the above unit price, the minimum cost for each trip is RMB 300.00, and the provisional total rent is RMB 300,000 (in words: RMB three hundred thousand only).
1. The daily rent is a comprehensive rent that Party A and Party B consider factors such as business risks, including but not limited to all expenses such as equipment packaging fee, management fee of Party B, profit, tax, inspection fee before equipment entering the site, fuel fee consumed during the probation period of equipment lease, and it is stipulated in the contract that no adjustment will be made during the lease period.
2. Party B is responsible for the mobilization, transportation, getting on and off the leased equipment, installation, jacking and disassembly of the equipment, and all expenses involved shall be borne by Party B, and Party B shall bear the corresponding responsibilities for safety accidents in the process of using the truck crane.
Second, the quality standards and technical requirements of leased equipment
1. The leased equipment provided by Party B shall meet the following standards: the latest national standards and passed the inspection by the statutory inspection unit, meeting the construction requirements of Party A's urban construction projects. Specific standards include: crane acceptance standard: GB38 1 1-83, and safety regulation: GB6067-85.
2. Party B guarantees that the leased equipment meets the requirements of product quality and safety performance, and has various certification materials such as production records and license certificates required by the industry. Before the equipment enters the site, both parties must sign a safety agreement.
3. Party B shall provide the product certificate, quality inspection report, product quality guarantee, production license, test report, service life certificate, production record and other relevant materials of the leased equipment. If Party B fails to provide the above information related to the leased equipment as agreed, Party A has the right to refuse to pay or postpone the payment of the rent.
4. Other agreements: Party B must deliver the required leased equipment to the place of use on time, and arrange personnel to take up their posts with legal and valid employment certificates.
Three. Signature of leased equipment
Party A appoints Zhou (contact: 150405 13452) to count the quantity, specifications and models of the leased equipment, issue a receipt for the leased equipment of Party A, confirm the admission of the operators arranged by Party B, and check the identities and certificates of the personnel. Party A's authorization is limited to confirming the quantity, specifications and models of the leased equipment and the admission of Party B's operators within the scope of this contract.
Four. Settlement and payment of funds
1. The settlement by any other personnel designated by Party A is not binding on Party A, and Party A's authorization to the rent settlement personnel is limited to Article 3 of this contract, and the leased equipment insisted by the personnel designated by Party A shall be settled according to Article 1 of this contract.
2. When Party A and Party B settle accounts, the lease voucher signed by Party B, signed by the personnel designated by Party A and confirmed by the signature and seal of the project manager and the legal invoice issued in the name of Party B shall be taken as the settlement basis.
3. Time of payment:.
4. Payment method: Party A shall pay the rent to the account provided by Party B in this contract (Party B's account name:, bank of deposit: account number:) by means of transfer or cheque, and Party B has confirmed that the provided account is correct, and it shall be deemed to have been received from the date when Party A pays to the account. The economic losses caused by Party B shall be borne by Party B itself. If Party B asks Party A to pay the money to an account other than the above account, Party A has the right to refuse. If the account provided by Party B is incorrect and causes losses to Party A, Party B shall be responsible for handling and compensating the losses caused to Party A.. ..
5. Party B shall settle the payment with the legal invoice issued in the name of Party B. If Party B fails to provide it, Party A shall have the right to refuse to pay the rent and shall not be liable for breach of contract.
Verb (abbreviation for verb) where the leased equipment is used.
The construction site of Party A's Longguang Grand Hyatt Hua Ting Phase II Project is the use place of the leased property under this contract.
Maintenance of intransitive verb rental equipment
1. During the lease period, Party B shall be responsible for the daily maintenance and repair of the leased equipment to ensure the normal use of Party A, and the maintenance and repair expenses incurred during this period shall be borne by Party B. ..
2. Party B shall arrange operators to enter the site for operation. All random operators must confirm that they have signed a labor contract with Party B, and all expenses such as wages, social insurance and accommodation of the operators shall be paid by Party B, and all safety accidents in the process shall be handled and borne by Party B. ..
Seven. Ownership of leased equipment
1. During the lease term, the ownership of the leased equipment belongs to Party B, and Party A has the right to lease the equipment.
2. During the lease term, if Party B transfers or mortgages the leased equipment to a third party, it shall notify Party A in writing three days in advance so that Party A will not lose the lease right.
3. During the lease term, Party B shall not lease the leased equipment to a third party. If Party B breaches this Agreement and rents the leased equipment again, it shall bear the liability for breach of contract and cause losses to Party A.. ..
Eight. Rights and obligations of both parties
1. Rights and obligations of Party A
(1) Party A shall make good preparations before the leased equipment enters the site;
(2) During the lease term, Party A shall not transfer or sublet the leased equipment to a third party, nor sell or mortgage the leased equipment without the consent of Party B;
(3) Party A shall pay the rent according to the contract.
2. Rights and obligations of Party B
(1) The address in Party B's business license is a deliverable address;
(2) Party B guarantees that the leased equipment provided is produced by legal production enterprises, with no defects in quality, and can achieve the functions and uses agreed in this contract within the service life;
(3) Party B's random operators must receive professional training and education, obtain qualification certificates and practice certificates issued by state institutions, and operate in strict accordance with national norms and Party A's instructions;
(4) The random operators of Party B must abide by the rules and regulations of Party A's construction site. If Party A and any third party suffer property losses or personal injuries due to Party B's personnel or equipment, Party B shall be liable for compensation.
(5) If any factor causes damage, loss, loss or personal injury to Party B's leased equipment and its ancillary facilities, Party B shall handle all losses and expenses by itself, unless Party A is at fault;
(6) Party B promises to stun, unload and install the leased equipment at the place designated by Party A when the equipment comes into the site as agreed in the contract or notified by Party A. ..