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    General Contract For Purchase And Sale Of General Merchandise And Textile Products

    2008/1/21 13:58:00 42236

    Total contract number: word no.



    Supplier:



    Demand side:



    The first is to earnestly implement the economic contract laws and regulations, ensure the serious implementation of the purchase and sale contracts, and sign the general contract.

    The general contract is applicable to the purchase and sale business of nine commodities, such as general merchandise, stationery, watch glasses, shoes and hats, textiles, knitted cotton fabrics, clothing, labor protection articles, silk and so on.

    For specific categories (species), contracts for specific purchase and sale of commodities need to be signed.

    The suppliers and buyers can draw up the purchase and sale contract according to their own characteristics.

    The general contract is the general principle of signing specific contracts for purchase and sale.

    Matters not covered by this general contract can be concluded by mutual agreement after consultation.

    The general contract, specific commodity purchase and sale sub contract and supplementary agreement have legal effect.

    Supplementary agreements and specific commodity purchase and sale sub contracts can not change the terms and conditions of the general contract, and supplementary agreements shall prevail if supplementary agreements are not in conformity with the contracts for the purchase and sale of specific commodities.



    After the second contract is signed, both parties must perform it seriously.

    If a party really needs to alter or terminate the contract due to the circumstances stipulated in the twenty-seventh section of the economic contract law, it shall be submitted to the other party in writing (including contract modification procedures) fifteen days before the contract expires.

    The other party shall reply in writing (or telegram) within fifteen days after receiving the notice, and if it fails to reply, it shall be deemed to be the default.

    If a party suffers losses due to alteration or dissolution of contract, the responsible party shall pay compensation.

    Before the new agreement is reached, the original specific contract is still valid.



    According to the commodity specified by the buyer in terms of colors, varieties and specifications, both parties need to strictly enforce the contract after the production is arranged.

    If a change is required, the losses arising therefrom shall be borne by the buyer. If the supplier fails to perform the contract on time, quality, quantity, and specified requirements, the loss shall be borne by the supplier.



    The third commodity prices of purchase and sale contracts must comply with the state regulations on price control.

    Some commodities can also be priced by negotiation or negotiation.



    The contract price is the standard price for the contracted commodity.

    For substandard goods and grade goods, the margin shall be executed according to the rate of deduction practice. For temporary pricing (reference price), the difference between the upper and lower prices is allowed to be executed within 10% to 15% (the difference is stipulated in the specific contract).



    Within the time limit stipulated in the contract (for delivery), if the state or local administrative department adjusts the price, it shall notify the buyer in writing so that it can be used as the basis for the delivery (delivery).



    In case of late delivery, if the price is raised, the original price shall be executed; if the price is lowered, the new price shall be executed.

    In case of overdue delivery, when the price is raised, the new price shall be implemented, and when the price is reduced, the original price shall be executed.

    Due to the adjustment of price, the difference between buyers and sellers will be settled separately.



    Fourth, the price of goods supplied to other places is the cost of the vehicle and the ship, and the cost before loading and loading is borne by the supplier.

    For example, loading, loading and freight are not allowed to be separated from one document, which will be borne by the buyer. The units in the same city (including the local units in other provinces) will deliver the goods directly from the factory or the buyers themselves.

    The reasonable pportation cost charged by the carrier unit according to the relevant charging regulations shall be borne by the buyer.

    The freight burden can also be handled in accordance with the two sides' consultations.



    The quality of the fifth commodities, with national standards or professional standards, shall be carried out according to national standards or professional standards. Those without such standards shall be implemented according to the enterprise standards of the production plants.

    The supplier should carefully examine and strictly control the quality of goods.



    If the quality of the product is not up to standard, general return should be allowed.

    If it is a special case, the supplier and the buyer can coordinate the solution.



    The sixth commodity packaging must be firm, and the supplier should ensure the safety of the goods in pit.

    The buyer has special requirements for commodity packaging. The two parties should specify in the specific contract that the increased packaging cost is borne by the buyer.



    The date of delivery of the seventh execution contract shall be based on the supplier's opening date.

    The goods delivered directly to the station and wharf from the factory are subject to the date of delivery.

    If the order is supplied within ten days before the date of delivery and fifteen days after the end of the delivery date, no action will be made in advance or late delivery.

    If the buyer asks for partial delivery, the supplier will make a balanced delivery in batches after approval.



    The supplier shall supply the commodity except for the other parties hereto.

    If the buyer wants to lift himself, he should hold the self supporting certificate stamped with the financial seal, and the cost of the delivery shall be taken by the buyer himself. In the same city, except for the direct delivery part of the factory, the buyer shall withdraw the goods within seven days after the settlement of the goods (postponed during the holidays).



    Any delay or demand for delay in delivery of goods not exceeding thirty days caused by pportation shall not be delayed.



    Eighth, for a commodity with a valid period of validity, more than 2/3 of the validity period is still available, the supplier can deliver the goods, and the validity period is still less than 2/3. The supplier must receive the consent of the buyer before delivery.



    The ninth suppliers shall, according to the reasonable pportation routes, tools and arrival stations (ports) agreed upon by the two sides, entrust the carrier to deliver the goods, and strive to install sufficient capacity or tonnage from the cost savings.



    If a party needs to change the pportation route, tools and arrival station (port), it should notify the other party in time and negotiate with each other before obtaining the agreement.

    Before negotiations reach an agreement, they will still be executed according to the original contract.



    The buyer proposes to change the pport route, tools and arrival stations. Therefore, the additional cost will be borne by the buyer. If there are any special circumstances, the two sides should negotiate to resolve them.

    If the supplier changes the route, tools and arrival station (port) without the consent of the buyer, the additional cost shall be borne by the supplier.



    The ownership of the tenth commodities is pferred to the buyer from the time of obtaining the certificate of shipment.

    In the event of loss, shortage, damage and other accidents occurring in pit, the buyer shall be responsible for claiming compensation from the carrier or insurance company, and shall not lodge a claim with the supplier on account of the supplier's fault.

    However, the supplier shall actively provide relevant information and assist the buyer in claiming damages.

    When receiving goods, the buyer must send someone to the scene to inspect and unload the goods and check the packaging.

    If problems are found, the required records and certificates should be obtained from the local shipping department in time, and detailed inspection should be made immediately, and within ten days after receipt of the goods, a claim should be made to the responsible party concerned.

    The liability shall belong to the supplier, and the buyer shall lodge a claim against the supplier within fifteen days after receiving the goods. He shall not make any claims later, and shall regard it as a correct acceptance.

    The supplier shall, within fifteen days after receiving the notice of claim, find out the circumstances and give a reply.

    Overdue reply is regarded as compensation.



    If the relevant documents fail to be accompanied by the goods, the buyer should first acknowledge the receipt of the goods to the shipping department and notify the supplier immediately. The supplier will reply within fifteen days after receipt of the notification. The goods that are multiple or wrong (serial) are not allowed to be used by the buyer himself, and the detailed records shall be kept in good order, and the supplier shall be notified within ten days after receiving the goods, so all the expenses incurred shall be borne by the supplier.



    The goods shipped by the supplier entrusted by the supplier shall be insured against the comprehensive pportation insurance by the people's insurance company.

    When a commodity suffers losses in pit, it shall apply to the local insurance company for claims in accordance with the procedures and time limits stipulated in the domestic water route and railway cargo pportation insurance clauses (Trial Implementation).



    The eleventh goods are intact, the package is found to be overflowing, defective, damaged, and the quality of goods is wrong. The buyer should make inquiries to the supplier within ninety days after the goods arrive within ninety days (the value of the product is more than 2 thousand yuan). If the commodity is mildew and rotten, the supplier should be notified within thirty days after receiving the goods.

    The overdue date is regarded as the acceptance of the acceptance.



    The goods that receive the imported goods and the goods from the foreign trade stock to the domestic market are related to the foreign trade inquiry. The inquiry period is sixty days after the buyer's receipt of the goods, and the overdue supplier can not accept it.



    When the supplier asks for directions, he should fill in the "enquiry sheet".

    The contents of the "inquiry list" should include shipping marks, name, specifications, unit price, packing list, date of issue, arrival date, quantity of overflow, damage degree, contract number, factory name, supply invoice number (i.e. pfer list, the same below), and so on.

    The supplier shall reply within fifteen days after receiving the "inquiry sheet".

    The supplier may ask the buyer to fill in the "enquiry sheet" once the contents of the above items are incomplete or mixed with various commodities, and not supplied from the supplier.



    In order to reduce part of the enquiry business, the loss of a variety listed under the "supply invoice" is less than five yuan, and the damaged parts under ten yuan are not processed by inquiry (except for spare parts). For the inquires of bulky goods (such as sewing machine parts, parts and other defective products), the demand party will send the residual goods directly to the factory, inquire and send the supplier to the supplier, and indicate the date of shipment on the list.



    It is the supplier's responsibility to find the mistake (such as wrong, multiple parts), no contract and serious quality problems when receiving the goods. When it is necessary to return the goods, the supplier should be notified within thirty days after receiving the goods, and the supplier will not accept it if it is overdue. At the same time, the buyer may not return the goods unlawfully or return the goods to the supplier.

    The supplier shall reply within fifteen days after receipt of the notice and make suggestions for processing.

    If the buyer fails to reply, the buyer may agree to return the goods.

    Any return that is overdue and does not belong to the supplier's liability shall be borne by the buyer.



    The settlement of twelfth commodity loans, miscellaneous fees and insurance premiums shall be handled according to the relevant settlement rules of the people's Bank of China.

    Payment is made by checking the payment.

    If the buyer unreasonable refuses to pay, overdue payment or fails to pay the loan, he shall pay the late fee according to the provisions of the relevant banking department, and shall draw it to the supplier with the account of the bank.



    If the buyer changes the account bank, account name and account number, it shall notify the supplier in writing (or telegram) thirty days before the time limit for delivery stipulated in the contract.

    The buyer shall bear the liability for overdue payment if he fails to make an informed notice or notice and affects the settlement.



    According to the agreement between the supplier and the buyer, the terms of payment shall be written in the following ways (1. collection commitment, < 2. separately to delivery, 3. bank draft, 4. commercial draft).



    The Thirteenth Party should be liable for breach of contract and pay liquidated damages to the other party.

    Due to breach of contract to the other party's losses exceed the penalty, compensation should also be made to compensate for the shortage of liquidated damages.

    If the other party requests to continue to perform the contract, it shall continue to perform.



    1. if the supplier fails to fulfill the contract, he shall pay liquidated damages to the buyer.

    The penalty for general merchandise is% of the total value of the goods which can not be delivered (determined between 1% and 5%), but the liquidated damages for the goods with specific requirements are determined by% (10% to 30%) of the total value of the goods.



    2. if the supplier overdue delivery, he shall pay liquidated damages for late delivery to the buyer in accordance with the provisions of the people's Bank of China on deferred payment and the total value of the total value of the part of the overdue delivery.



    3. the actual cost paid by the supplier in advance of the delivery or the delivery or delivery of the goods should be borne by the supplier.



    4. if the buyer fails to return the goods without the consent of the supplier, he shall pay liquidated damages to the supplier.

    The penalty for general merchandise is the% of the total value of the returned part of the goods (determined between 1% and 5%). The penalty for the goods with specific requirements is% of the total value of the returned part of the goods (determined between 10% and 30%).

    The cost of pportation on the way back is borne by the buyer.



    5. if the demand side overtakes the goods and overpays the payment, it shall pay to the supplier the penalty for overdue delivery and overdue payment in accordance with the relevant regulations of the people's Bank of China on delayed payment.



    6. the buyer shall bear all the losses caused by the mistake of the place of delivery or the receiver of the goods supplied to the supplier; bear all the expenses paid by the supplier or the pport department for handling the wrong objections raised by the buyer; and bear the losses caused by the improper safekeeping of the goods held by the supplier.



    Payment for breach of contract, compensation and storage shall be paid within ten days after the responsibility is clearly defined, otherwise it will be processed according to the late payment.

    No party shall use the goods to be withheld or refused.

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