Contract For Purchase And Sale Of Industrial And Mineral Products
First party:
Legal representative:
Party B:
Legal representative:
In accordance with the provisions of the contract law of the People's Republic of China, a complete contract is made between Party A and Party B in order to abide by it.
Article 1 the name, variety, specification and quality of the product.
1. the name, variety and specifications of the product:
(indicating the brand or trademark of a product)
2. the technical standards (including quality requirements) of the products shall be implemented in accordance with the following items: (
(1) execute according to the national standard; (2) execute according to the standard issued by the Ministry; (3) execute according to the enterprise standard; (4) with special requirements, execute the technical conditions, samples or supplementary technical requirements agreed by both parties in the contract.
The quantity, unit of measurement and measurement method of the second products
1. the quantity of the products is: the products are: the first, the second, the second, the second, the last, the last.
2. the unit of measurement and measurement methods are: 1.
(in accordance with the provisions of the state or competent departments, the state or competent authorities have no provisions, and shall be agreed by both parties.
For mechanical and electrical equipment, it is necessary to stipulate clearly in the contract the auxiliaries, accessories, matching products, easily worn spare parts, fittings and installation and repair tools along with the main engine.
For the products supplied in a complete set, the scope of complete supply should be clearly defined, and a list of complete sets of supply should be provided.
3. the positive and negative tail difference, the reasonable weight difference and the natural reduction (increase) in the quantity of delivery of the products are stipulated and calculated.
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The packaging standard of third products and the supply and recovery of packaging materials.
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Where the state or business authorities have technical regulations, they shall be carried out according to the provisions of the technical regulations.
Fourth units of delivery, delivery method, mode of pportation, place of arrival (including private lines, wharves)
1. the delivery unit of the product is: the first, the first, the second, the second, the second, the second, the second, the second, the last.
2. the delivery method shall be implemented in accordance with ((a)):
(1) Party B delivers goods;
(2) Party B's pportation;
(3) Party A carries its own pportation.
3. mode of pportation: the first, the second, the second and the third.
4. the place of arrival and the receiving unit (or the receiving person).
This is the first time.
If Party A requests to change the place of arrival or the person receiving the goods, it shall notify Party B 40 days before the delivery date (month or quarter) stipulated by the contract, so that Party B can plan the monthly car (ship) plan, and must be escorted by Party A, which shall be clearly stipulated in the contract.
The time limit for delivery of fifth products
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(the date of delivery for the delivery or delivery of products shall be based on the date of the stamp issued by the shipping department when Party B delivers the product. The parties have agreed otherwise. The date of delivery of the product from Party A shall be based on the date of delivery by Party B as stipulated in the contract.
Party B shall give Party A the necessary travel time in the delivery notice, the date of actual delivery or delivery is earlier or later than the date stipulated in the contract, and shall be deemed to have advanced or late delivery or delivery.
Settlement of price and payment of sixth products
1. the price of the product shall be implemented in accordance with the following items: (
(1) execute according to the approval price of the competent price department;
(2) execute the price according to the price of both parties.
(overdue delivery, when the price rises, will be executed at the original price; when the price falls, the new price shall be implemented.
Overdue delivery or overdue payment will be carried out according to the new price when the price goes up; if the price falls, it will be executed at the original price.
The price difference due to overdue payment will be settled separately by both parties, not in the original collection settlement amount.
The execution of floating price and negotiated pricing shall be executed at the price stipulated in the contract.
2. settlement of the product loan: settlement of the product's payment, actual payment of miscellaneous charges and other expenses shall be handled in accordance with the provisions of the people's Bank of China settlement method.
(for settlement in the collection undertaking, a check or payment for inspection should be included in the contract.
The acceptance period of inspection payment is usually 10 days, starting from the next day when the delivery department delivers the notice of delivery to the receiving unit.
Where the parties agree to shorten or extend the time limit for inspection in the contract, it shall be stated on the collection voucher, where the bank stipulates.
Seventh acceptance methods
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(contract shall specify: 1. acceptance time; 2. acceptance means; 3. acceptance criteria; 4. who shall be responsible for acceptance and inspection; 5.) after the dispute has occurred in the acceptance, which level of the product quality supervision and inspection agency shall carry out arbitration.
The eighth time and method of objection to products.
1. if Party A finds that the products, models, specifications, colors and quality of the products are not in conformity with the stipulations, it should be kept in good order. Party A will make a written objection to Party B within the day. Party A shall have the right to refuse payment of the goods which do not meet the requirements stipulated in the contract during the collection commitment period.
2. if Party A fails to submit a written objection within the prescribed time limit, it shall be deemed that the products delivered are in conformity with the contract stipulations.
3. Party A shall not raise objections due to the deterioration of the quality of products due to improper use, storage and maintenance.
4. Party B shall be responsible for the processing within 10 days after receiving the written objection from the buyer, otherwise it will be deemed to be the objection and disposal opinion of Party A by default.
(a written objection put forward by Party A shall specify the contract number, waybill number, vehicle or ship number, delivery date and delivery date, indicating the product name, type, specification, color, logo, brand number, batch number, certificate of conformity or quality assurance book number, quantity, packaging, inspection method, inspection condition and inspection certificate that do not conform to the regulations, and put forward the handling opinions of the products which do not meet the requirements, as well as matters agreed by the parties.
Ninth Party B's liability for breach of contract
1. if Party B fails to deliver the goods, it shall reimburse Party A% of the total amount of the goods which can not be delivered (the range of the general products is 1% to 5%, and the range of the special products is 10% to 30%).
2. Party B's products, types, specifications, colors and quality are not in conformity with the stipulations of the contract. If Party A agrees to make use of them, the price should be determined according to the quality. If Party A fails to make use of them, Party B shall be responsible for the replacement or repair of the products according to the specific conditions of the products, and shall bear the actual expenses paid for repair, replacement or return.
If Party B fails to repair or replace it, it can not handle delivery.
3. Party B must repair or repackage because the product packaging does not conform to the contract stipulations. Party B shall be responsible for the repair or repackaging, and bear the cost.
If Party A does not ask for repair or re packaging, the Party B shall pay the value part of the unqualified package below the qualified package.
Party B shall be responsible for compensation for damage or loss of goods caused by improper packing.
4. if Party B fails to deliver the goods, it shall, in accordance with the relevant regulations of the people's Bank of China on deferred payment, pay the liquidated damages for overdue delivery to Party A, and bear the losses suffered by Party A.
5. Party B's products which are delivered ahead of time, products and varieties, models, specifications, colors and qualities that are not in conformity with the products stipulated in the contract shall be borne by Party B in the custody, maintenance and other expenses incurred by Party A during the period of custody.
6. where the product is delivered to the place of delivery or the receiving party, Party B shall be responsible for the delivery of the place of delivery or the person receiving the contract, and shall also bear all the actual costs and overdue delivery penalty paid by Party A.
If Party B unilaterally changes the route and means of pport without the consent of Party A, it shall bear the additional cost.
7. if Party B delivers the goods ahead of time, after receiving the goods, Party A can still pay according to the delivery time stipulated in the contract.
If Party B fails to deliver the goods, Party B shall consult with Party A before delivery. If Party A still needs it, Party B shall pay the amount according to the number and bear the liability for overdue delivery. If Party A does not need it, Party B shall notify Party B within 15 days after receipt of Party B's notice, and cancel the contract formalities.
Tenth Party A's liability for breach of contract
1. Party A shall pay liquidated damages to Party B for the refund of part of the return part (the range of the general product is 1% to 5%, and the range of the special product is 15% to 30%).
2. Party A fails to provide the technical documents or packages to be delivered in accordance with the time and requirements stipulated in the contract. In addition to the extension of the delivery date, it shall, in accordance with the relevant provisions of the people's Bank of China on delaying payment, pay the liquidated damages for the delay in delivery according to the payment of the part of the goods delivered, and if it fails to provide the goods, the goods will be returned by midway.
3. if Party A fails to deliver the goods on the date of the supplier's notice or the date stipulated in the contract, it shall, in accordance with the relevant regulations of the people's Bank of China on delaying payment, pay the liquidated damages for the overdue delivery according to the gross value of the partial purchase value of the overdue delivery, and bear the expenses that Party B actually pays for the maintenance and maintenance.
4. Party A shall pay liquidated damages to Party B for late payment in accordance with the relevant regulations of the people's Bank of China on delayed payment.
5. if Party A refuses to accept the goods in violation of the contract stipulations, it shall bear the consequent losses and the fines imposed by the pport department.
6. Party A shall bear Party B's losses if it fails to fill in the place of delivery or the receiver, or to make a wrong objection to Party B.
Eleventh force majeure
If either party or Party A fails to perform the contract due to force majeure, it shall promptly notify the other party of the reasons for failure to perform or fail to perform fully. After obtaining the relevant competent authorities' certificates, it is allowed to postpone the execution, perform partially or fail to perform the contract, and may be partially or totally exempt from the liability for breach of contract according to the circumstances.
Twelfth others
This is the first time in the world.
The liquidated damages, compensation, maintenance and maintenance expenses and all kinds of economic losses that should be paid according to this contract shall be paid within 10 days after the explicit responsibility is made, or the payment should be made according to the overdue payment.
However, no party shall deduct the goods by itself or deduct the payment to make the payment.
If there is any dispute in this contract, the parties concerned should consult with them in time. If the negotiation fails, either party can ask the competent authority to mediate and fail to settle the dispute. According to the following clause (1), (1) apply for arbitration by the Arbitration Commission.
(2) bring a lawsuit to the people's court.
The thirteenth contract will take effect from the date of the month of the year and the date of validity.
Neither Party A nor party may arbitrarily change or terminate the contract during the execution period.
If there is any unsettled contract, supplementary provisions shall be made through mutual consultation, and the supplementary provisions shall have the same effect as this contract.
This contract is made in two originals, each party holding one copy. The copy of the contract shall be distributed in one copy to the competent department and Bank of the two parties.
Each unit keeps one copy.
Purchasing unit (Jia Fang):
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