The main contents of the entrusted maintenance contract include: 1, basic identity information of both parties; 2. Introduce the basic situation of the entrusted matters; 3. The term of the entrustment contract and the entrustment method; 4. Entrusted service fee and payment method; 5. Indicate other expenses; 6. Rights and responsibilities of both parties; 7. Default clause; 8. Dispute resolution methods; 9. The effective way of the contract.
Entrusted maintenance contract model 1
Consignee (hereinafter referred to as Party A): car number: see the attached table.
Contractor (hereinafter referred to as Party B): Zhijin Bus Station.
Signing time: year month day to year month day.
In order to further strengthen the safety production management of road passenger transport, ensure the second-level maintenance and routine inspection of operating buses, and ensure that the technical conditions of operating vehicles are in good condition, according to the provisions of the documents of the Highway Transportation Management Office of the Autonomous Region, Bidi Transportation Management Co., Ltd. (20__) An 06 "Emergency Notice on Carrying out Large-scale Investigation of Safety Components of Operating Passenger Cars in the Region and Strengthening the Second-level Maintenance and Daily Safety Inspection of Operating Passenger Cars in the Region", Party A needs to carry out the second-level maintenance and first-level maintenance of vehicles at Party B, and both parties shall negotiate. On the basis of equality, mutual benefit, fairness and voluntariness, both parties have reached the following agreement, which they hope to abide by jointly:
1. When maintaining Party A's vehicles, Party B must strictly follow the national standard "Technical Specification for Automobile Maintenance, Inspection and Diagnosis" (GB/T 18344-20__), make inspection regulations for secondary maintenance and automobile maintenance, make records, use various documents correctly, and establish and improve maintenance technical files.
2. When Party B carries out secondary maintenance, it is forbidden to steal, miss or buy or sell secondary maintenance certificates. , and the implementation of automobile maintenance quality commitment system.
Three. When Party A sends the vehicle to Party B for maintenance, it must designate a special person to be responsible for supervising the maintenance project, and it must be signed by the special person designated by Party A after completion.
Four. Party B shall implement the "three inspections" system for the vehicles maintained by Party A. After the vehicles enter the factory for maintenance, they must be inspected by quality inspectors and fill in the factory certificate of maintenance completion before leaving the factory.
5. Vehicle parts are provided by Party A, but fake and inferior parts are not allowed. If the maintenance quality problem is caused by the parts provided by Party A, Party A shall be liable for compensation, which has nothing to do with Party B. ..
6. During the contract period, Party A's vehicles shall not be maintained in other maintenance enterprises, otherwise Party B will not guarantee the maintenance quality during the warranty period, and report to the transportation management department without signing for the record.
Seven. Matters not covered in this contract can be negotiated by both parties separately.
Eight. This contract is made in triplicate, one for each party, and one for the record of the transportation management agency. It will take effect immediately after being signed by both parties and have the same legal effect.
Entrusting Party (Party A) (signature): Commitment Party (Party B) (signature):
Supervisor:
Representative: representative:
Date, year and month
Model of entrusted maintenance contract II
Customer (Party A):
Address:
Legal representative/person in charge:
Project contact:
Contact information:
Mailing address:
Telephone:
Fax:
E-mail:
Trustee (Party B):
Legal representative/person in charge:
Project contact:
Contact information:
Mailing address:
Telephone:
Fax:
E-mail:
Party A hereby entrusts Party B to provide special technical services for the equipment maintenance technical project ("the project") and pay the corresponding technical service remuneration. Through equal consultation, on the basis of truly and fully expressing their respective wishes and in accordance with the provisions of the Contract Law of People's Republic of China (PRC), both parties have reached the following contract, which shall be abided by both parties.
Article 1 The technical services entrusted by Party A to Party B are as follows:
The goal of technical service: to ensure the normal operation of _ _ _ network, and to deal with faults in time.
1.2 content of technical service: check the equipment regularly and handle the faults in time.
1.3 technical service mode: remote telephone technical support, on-site fault handling and on-site equipment inspection.
Article 2 Party B shall complete the technical services according to the following requirements:
2. 1 technical service location:.
2.2 Term of technical service:.
2.3 Technical service progress: report the failure handling progress to Party A in time.
2.4 Technical service quality requirements: timely troubleshooting and quick response.
2.5 Technical service quality deadline requirements: minor faults should be solved within 1 working day, and intractable diseases should be solved within one week.
Article 3 In order to ensure Party B's effective technical services, Party A shall provide Party B with the following working conditions and cooperation matters:
3. 1 Provide technical data:
3.2 Provide working conditions: ensure that maintenance personnel arrive at the fault site immediately.
3.3 Other cooperation matters: coordinate the cooperation of relevant personnel.
3.4 Time and method for Party A to provide the above technical data, working conditions and cooperation matters: The technical data will be provided immediately after the signing of the contract, and other aspects will be communicated immediately by both parties.
Article 4 Party A shall pay Party B remuneration for technical services in the following ways:
4. 1 Total technical service fee: RMB one hundred thousand Yuan only, in figures. These expenses have included all remuneration and all expenses required by Party B to perform this contract. Unless otherwise agreed, Party A is not required to pay Party B any fees other than the above fees for the entrusted matters under this contract.
4.2 Party A shall pay the expenses with the corresponding amount of [service] invoice issued by Party B in accordance with the provisions of Guo Zhong, and pay it to Party B according to the following [2nd] method:
(1) lump-sum payment
Within [] working days after Party B completes the technical service work and is accepted by Party A, Party A shall pay Party B the technical service fee. ..
(2) installment payment
Party A shall pay the technical service fee to Party B in installments;
After the contract signed by both parties comes into effect, Party B shall provide Party A with technical maintenance of the equipment, and Party A's equipment has passed the examination.
After passing the examination by Party A, Party A shall pay the second maintenance fee to Party B before _ _ _ _ _ _ _ _.
If Party B should pay the liquidated damages and assume the liability for compensation as agreed in this contract, Party A has the right to directly deduct the corresponding amount from any of the above payments.
4.3 If Party B should pay liquidated damages and assume the liability for compensation according to this contract, Party A has the right to directly deduct the corresponding amount from any of the above payments.
Article 5 confidentiality
5. 1 Party B has the obligation to keep confidential all the materials provided by Party A and the business secrets, technical materials, customer information and other materials and information of Party A and its affiliated companies (collectively referred to as "confidential materials") that it came into contact with during the signing and performance of this contract. Without the written permission of Party A, Party B shall not disclose to any third party, nor shall it use part or all of the confidential information for other purposes than those agreed in this contract. Party B has the obligation to protect confidential information with protective measures not less than its own trade secrets. Party B may disclose confidential information to its employees who need to know it only for the purpose of this contract, but at the same time, it shall instruct its employees to abide by the confidentiality and non-disclosure obligations stipulated in this article.
5.2 Party B can only copy confidential information for the purpose of performing this contract. Party B shall not keep confidential information in any way (such as floppy disks, drawings, color samples, photos, films, CDs, etc.). ). When the entrusted matters are completed or this contract is terminated or dissolved, Party B shall return all originals of confidential information to Party A and destroy all copies. Party B shall properly keep the confidential information, and take full responsibility for the theft, disclosure or other events that damage the confidentiality of the confidential information during Party B's tenure, and Party B shall be responsible for compensation for the losses caused to Party A from this. ..
5.3 The restrictions on confidential information in this article shall not apply when the following situations occur. When confidential information:
(1) has entered the public domain through no fault of Party B. ..
(2) It is independently developed by Party B as proved by Party A's relevant records. ..
(3) It is legally obtained by a person who has never violated Party A's confidentiality obligations. or
(4) Where Party B is required to disclose by law, Party B shall make joint efforts and notify Party A in advance so that Party A can take necessary protective measures.
5.4 If Party B violates the confidentiality agreement of this contract, Party B shall compensate Party A for all the losses caused thereby.
5.5 This confidentiality clause is valid for 2 years, from the date of providing or disclosing confidential information to the date of termination or dissolution of the contract.
Article 6 Changes to this contract must be agreed by both parties through consultation and confirmed in writing. However, under any of the following circumstances, one party may make a written request to the other party to change the rights and obligations of the contract, and the other party shall give a reply within 3 working days after receiving the written request; If no reply is made within the time limit, it shall be deemed as consent.
Article 7 Without the prior written consent of Party A, Party B shall not transfer part or all of the services of this contract project to a third party.
Article 8 The acceptance criteria and methods determined by both parties for Party B's technical service achievements are as follows:
8. 1 Technical services completed by Party B: remote telephone support, on-site problem handling, etc.
8.2 Acceptance criteria of technical service achievements: whether the telephone response is timely, whether the service attitude is good, whether the spare parts are in place in time, etc.
8.3 Acceptance method of technical service achievements: During the service, Party A shall evaluate the above standards and notify Party B immediately.
8.4 Time and place of acceptance: The place of acceptance shall be determined by Party A. ..
Article 9 Infringement Treatment
9. 1 party b shall ensure that the legitimate rights and interests of any third party are not infringed in the process of providing technical services under this contract and/or service achievements provided by party b to party a. if someone brings a legal or administrative lawsuit (collectively referred to as "infringement accusation") claiming that party a has infringed its intellectual property rights and other legitimate rights and interests, party b shall be responsible for solving the problem and compensate party a for all losses and expenses arising therefrom, including but not limited to litigation fees.
9.2 If Party A is prohibited from continuing to use part or all of the technical service achievements by the relevant departments during the trial of the infringement allegations, Party B shall take one of the following measures:
(1) enables Party A to regain the right to use the above technical service results for free, or
(2) Free replacement or modification of the above technical service results is the result of Party A's continued use of technical services without the above ban.
(3) Other reasonable ways to make Party A have the legal right to use the technical service achievements, or to make up for Party A's damaged interests and achieve the purpose of the contract.
The above measures taken by Party B cannot exempt Party B from the obligation to compensate Party A for the losses suffered as a result.
Article 10 Ownership of rights of project service achievements
10. 1 Both parties confirm that all rights of the service products completed by Party B, including but not limited to intellectual property rights, patent application rights and ownership, belong to Party A. ..
10.2 both parties confirm that all the rights of new technological achievements completed by Party A using Party B's service achievements, including but not limited to intellectual property rights, patent application rights and ownership, belong to Party A. ..
Article 11 Both parties confirm that in the process of providing services to Party A, Party B will provide technical guidance and training to the personnel designated by Party A according to Party A's requirements.
1 1. 1 Technical guidance and training contents: basic protocols, common commands and methods.
1 1.2 location and method: on-site explanation.
1 1.3 Fee and payment method: None.
Article 12 Liability for breach of contract
12. 1 Both parties determine that any party's failure or incomplete performance of its obligations under this contract constitutes a breach of contract. The breaching party shall compensate the other party for all losses caused by the breach of contract.
12.2 if party b fails to provide technical services on time as agreed in this contract, party b shall pay liquidated damages to party a at the rate of 1% of the total technical service fee for each overdue day. If the total amount of liquidated damages reaches 50% of the total technical service fee, Party A has the right to terminate this contract, and Party B shall still pay the above liquidated damages, return the money paid by Party A, and pay interest at the loan interest rate of the People's Bank of China for the same period, and compensate Party A for the corresponding losses.
12.3 if the technical services provided by party b do not meet the requirements of this contract, party b shall make corrections and modifications according to the requirements of party a, and bear all expenses arising therefrom. At the same time, Party A has the right to terminate this contract, and Party B shall refund the money paid by Party A and pay interest according to the loan interest rate of the People's Bank of China for the same period, and compensate Party A for the corresponding losses.
Article 13 The term of validity of this contract is from the date of the month to the date of the month. Both parties confirm that within the validity period of this contract, Party A designates _ _ _ as the project contact person of Party A and Party B designates _ _ _ as the project contact person of Party B. If one party changes the project contact person, it shall notify the other party in writing in time. If the performance of this contract is affected or losses are caused due to the failure to notify in time, it shall bear corresponding responsibilities.
Article 14 In any of the following circumstances, both parties may terminate this contract if they decide that it is unnecessary or impossible to perform this contract:
The force majeure occurred at 14. 1.
14.2 through friendly negotiation between both parties.
Article 15 Law Application and Dispute Resolution
This contract shall be governed by the laws of People's Republic of China (PRC).
All disputes arising from or related to this contract will be settled through friendly negotiation between both parties. If both parties cannot settle the dispute through friendly negotiation, either party can adopt the following two dispute settlement methods:
(1) Submit the dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules at the time of applying for arbitration. The arbitration will be held in China. The arbitration language is Chinese. The arbitral award is final and binding on both parties. The arbitration fee shall be borne by the losing party.
(2) Bring a lawsuit to the people's court with jurisdiction where Party A is located.
15.3 during arbitration or litigation, both parties will continue to perform other parts of the contract that are not involved in arbitration or litigation. Article 16 Both parties confirm that the definitions and interpretations of relevant terms and technical terms involved in this contract and related annexes are as follows:
"Force Majeure": earthquake, typhoon, flood, fire, war and other objective circumstances which are unforeseeable by both parties hereto and whose occurrence and consequences cannot be prevented, avoided or overcome.
Article 17 The following technical documents related to the performance of this contract shall become an integral part of this contract after being confirmed by both parties in the form of []:
17. 1 technical background information: [].
17.2 feasibility report: [].
17.3 technical evaluation report: [].
17.4 technical standards and specifications: [].
17.5 original design and process documents: [].
Article 18 Both parties agree that other relevant matters in this contract are:
18. 1 Without the consent of the other party, neither party shall disclose the signing of this contract and its contents to any third party. The contents disclosed by Party A to its affiliated companies are not subject to this restriction.
18.2 Any matters related to this contract that are not explicitly stipulated in this contract shall be settled by both parties through friendly negotiation. Any modification and supplement to this contract shall be made in written form and become an integral part of this contract after being signed and sealed by both parties. In case of conflict between this contract and its supplementary contract or agreement, the supplementary contract or agreement shall prevail.
18.3 Without the written permission of the other party, neither party shall use or imitate the other party's business name, trademark, pattern, service mark, conformity, code, model or abbreviation in advertisements or public places, and neither party shall claim the ownership of the other party's business name, trademark, pattern, service mark, conformity, code, model or abbreviation.
18.4 nothing in this contract shall be deemed or interpreted as a joint venture, partnership or agency relationship between the two parties. 18.5 this contract supersedes all oral or written meeting minutes, memoranda, contracts and agreements of both parties concerning this contract.
18.6 when performing this contract or all notices related to this contract, Party A and Party B must make written letters or faxes or similar communication methods confirmed by both parties at the address in this contract. In the form of letter, it shall be delivered by registered mail or reputable express mail. If it is delivered by fax or similar communication, the date of notice shall be the date of mailing, subject to the postmark.
Article 19 This contract shall come into effect as of the date of signature and seal by both parties. This contract is made in duplicate, with Party A holding one copy. Party B holds one copy, which has the same legal effect.
Article 20 the annex is an integral part of this contract. If the annex is inconsistent with the contract text, the contract text shall prevail.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _.
Legal representative:
Or authorized representative (signature) or authorized representative (signature)
20__ _ _ _ 20__ _ _ _ _ _
Model of entrusted maintenance contract 3
Entrusting Company: Entrusting Maintenance Company:
Entrustment contract for elevator maintenance
Entrusting unit (Party A) entrusts maintenance unit (Party B)
In accordance with the Contract Law of People's Republic of China (PRC), Regulations on Safety Supervision of Special Equipment, Regulations on Use, Management and Maintenance of Elevators and other relevant regulations, Party A and Party B, following the principles of equality, voluntariness, fairness and good faith, have reached the following contract through consultation on matters related to daily maintenance of elevators entrusted by Party A under this contract.
Article 1 Entrusted maintenance of elevators
Party A and Party B agree that Party A will entrust Party B to lift the following elevators.
Article 2 Entrusting matters
Party A entrusts Party B to provide elevator maintenance under Article 1 of this contract, and make semi-monthly, quarterly, semi-annual and annual maintenance records in accordance with relevant regulations and requirements.
Article 3 Operating standards for entrusted maintenance
Party B must carry out routine maintenance in accordance with the Rules for the Use, Management and Maintenance of Elevators TSGT500 1-20__ and the requirements of the local quality and technical supervision department, and ensure that the maintained elevator conforms to the Maintenance Specification for Elevators (GB/T 18775) and the Safety Specification for Elevator Manufacturing and Installation (GB 7588-20 _
Article 4 Term of entrustment
The term of this contract is (months), from (to).
Article 5 Entrusted remuneration
The total cost of this contract is RMB:
Article 6 Payment Terms
The payment method is quarterly payment, and Party A pays RMB to Party B every six months, as follows: the first payment time is before, and the second payment time is before.
Article 7 Rights and obligations of Party A
1. has the right to supervise Party B's performance of the maintenance obligations agreed in the contract, and issue failure notices or suggestions.
2. Have the right to ask Party B to ensure the normal operation of the elevator.
3. Obligation to pay the entrusted remuneration as agreed.
4. Parts damaged due to quality problems during maintenance shall be provided by Party A. ..
Article 8 Rights and obligations of Party B
1, according to the elevator use management and maintenance rules TSGT500 1-20__ and the requirements of the local quality and technical supervision department, complete the semi-monthly, quarterly, semi-annual and annual maintenance projects, and make maintenance records.
2, after receiving the fault notice, should immediately rushed to the scene for processing; If Party B fails to complete the maintenance work according to TSGT500 1-20__ elevator use management and maintenance regulations and the requirements of local quality and technical supervision departments, all losses caused to users and Party A therefrom shall be borne by Party B. ..
3, homework should be responsible for the implementation of on-site safety protection measures, to ensure work safety.
4, should cooperate with the elevator inspection and testing institutions to test the elevator regularly, and participate in elevator safety management activities.
5. After the contract is terminated, the elevator drawings and related materials shall be properly kept and handed over to the users.
6. Do not subcontract or subcontract in any form.
Article 9 Liability for breach of contract
(1) If one party fails to perform its obligations as agreed, thus causing direct losses to the other party, it shall be liable for compensation.
(2) If one party cannot continue to perform the contract, it shall notify the other party in time, and the responsible party shall bear the losses caused by the termination of the contract.
(three) personal injury or equipment damage or loss caused by the use and management of the elevator, the user shall bear all the responsibilities.
(4) Party B shall bear all responsibilities for personal injury or death or equipment damage or loss caused by maintenance.
Article 10 Other agreements
(1) General maintenance, major maintenance, renovation or Party A's request for Party B to provide services other than those agreed in this contract shall be subject to the written consent of both parties.
(2) Maintenance records are the basis for recording elevator operation, maintenance and maintenance. Each elevator shall establish an independent maintenance record. Maintenance records shall be kept by Party A. General maintenance, major maintenance, renovation agreement and emergency maintenance records shall be kept together with the maintenance records.
Article 11 Supplementary Provisions
This contract shall come into effect as of the date of signature and seal by both parties. After the Contract comes into effect, both parties shall modify or supplement the contents of the Contract in written form, which shall be signed and confirmed by both parties as an annex to the Contract. The annex has the same legal effect as this contract. This contract is made in quadruplicate. Each party holds two copies.
Party A and Party B:
Company name: Company name:
Legal representative or granted to legal representative or granted.
Signature of authorized agent: signature of authorized agent:
Date of signature: year month day.
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