How To Draw Up Contract For Purchase And Sale Of Equipment
Contract for purchase and sale of equipment
Contract number:
The buyer (hereinafter referred to as "party a"):
The supplier (hereinafter referred to as "Party B"):
Party A and Party B have reached a consensus on the purchase and sale of the following equipment through consultation.
I. name, quantity and price of the product
Serial number product name and brand or trademark origin or country specification, unit of measurement, unit price, unit price (yuan)
One
Two
Three
The total amount is capitalized: (including tax price).
The Seller guarantees that all the equipment supplied is brand new and is manufactured by the seller's latest design and qualified material, which is in conformity with the requirements of quality, specification and type specified in the contract.
Two. Quality requirements and technical standards
The implementation of quality standards and industry standards issued by the state and local authorities.
Party B shall provide Party A with a national quality standard document about the product within 5 days before the signing of this contract, and the factory's certificate of conformity will be attached to the contract as an effective annex to the contract.
Three. Delivery of the contract for the purchase and sale of equipment:
1, delivery date: Party A pays the first working day after payment.
2, delivery mode: Party B is responsible for the pportation and bear the cost of freight, loading and unloading.
3. Place of delivery:
Four. Seller's responsibility for quality and duration:
1. The date of guarantee from the date of installation and commissioning.
During the warranty period, the seller will arrive at the buyer's site within 24 hours after receiving the buyer's notice because of the quality problem of the equipment itself. The seller is responsible for free repair, replacement of parts or replacement.
During the warranty period, the Seller shall deal with and resolve the quality and safety problems of the equipment.
2, Party B provides free maintenance for the year. If the quality problems arise during the use of the equipment, Party B will arrive at party a 48 hours after receiving Party A's notice, and the seller will reply within 24 hours after receiving the buyer's notice when the technical problems occurred during the use of the equipment.
3, due to disputes over the quality of equipment, the quality of the technical units at the location of Party A shall be appraise.
Five. Packaging, shipment and pportation of equipment:
1, Party B shall carry out the packing that meets the requirements of pportation distance, shockproof, rust prevention and breakage handling before the equipment is shipped, so as to ensure the safe pportation of the goods to the designated place of Party A.
2, specify the type and quantity of goods on the package.
Instructions for use, quality inspection certificates, accompanying accessories and tools, together with inventory and equipment.
3, the equipment will be delivered to Party A within 24 hours after the shipment is completed, and Party B will inform Party A to receive the goods.
Six. Installation, commissioning and acceptance of equipment.
1, Party A shall check on-site acceptance of equipment delivered by Party B in accordance with the relevant technical standards of the state and the technical standards recognized by both parties.
2. Install the regulator installed on site by both parties. If the performance meets the technical requirements, it will be signed and accepted.
3. When Party A receives the goods, it will not exempt the supplier from the responsibility for the inner quality of the product.
Seven. Payment terms:
1, sign the contract for the purchase and sale of equipment, and pay the prepayment of the total amount of the contract within a working day.
2. After the equipment has arrived at the place of delivery, after the preliminary inspection by Party A's designated personnel, Party A will pay the% of the contract amount in the work of checking the quantity, specification and model specified in the appendix of the contract.
3.
equipment
After installation and commissioning, 10% of the total amount of the contract will be paid within one working day after acceptance by Party A.
4.% of the total amount of the contract as a quality guarantee, payable after the expiration of the warranty period.
5, Party B will issue a formal VAT invoice before payment each time.
Eight, liability for breach of contract for purchase and sale of equipment.
1, overdue
delivery
In case of commissioning or payment, the liquidated damages shall be paid to the other party at 5/10000 of the total contract price per day.
2. If Party A refuses to accept it without due reason, Party B shall pay the liquidated damages of 10% of the total contract price to Party B.
3, if Party B fails to qualifying the contract within the stipulated time, Party A has the right to terminate the contract, and Party B shall pay to Party A 10% of the total contract price penalty.
4, the equipment, type, specification and quality of the equipment delivered by Party B are not in conformity with the contract stipulations and the national standards. If the equipment fails to meet the agreed technical requirements, Party B must refund all the goods unconditionally and pay to Party A 30% of the total contract price.
Nine, banning commercial bribery and keeping business secrets and intellectual property rights:
1, Party B undertakes not to give cash or articles to party a personnel in the course of business dealings or to give Party A's interests in other forms.
2, the two sides have the duty to carefully protect the trade secrets and intellectual property rights of the other party.
Neither party shall disclose, use or permit others to use it without the written permission of the other party.
Ten, the way of dispute resolution:
In case of disputes arising from the purchase and sale of the contract, the two parties shall settle the dispute through friendly negotiation. If the negotiation fails, the parties agree to settle the case by the court of the contract.
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