How To Formulate Online Trading Contracts?
Online transaction contract
Buyer: the company is in the market.
Seller: the company is in the market.
The buyers and sellers follow the principle of equality, voluntariness, mutual benefit and mutual benefit, and offer the following agreements through the quotation system of the Internet trading market (hereinafter referred to as the market).
1. standard: linear low density polyethylene resin (LLDPE).
2. quality standards: quality indicators that meet national standards (GB/T15182-94) LLDPE-FB-18D022 and LLDPE-FB-18D022-1. The seller may also substitute the plastic which meets the above national standard grade 1 or qualified quality index plastic. The difference between the quality grade of the substitute is negotiated by the buyer and the seller as a supplement to the contract. If the buyer and the seller can not reach a consensus, the price difference of the quality of the substitute should be executed according to the market.
3. code of goods: ","
4. quantity (unit: batch, 1 batches of =5 tons):
5. buyer's purchase price (yuan / ton):
6. seller's order price (yuan / ton):
7. delivery price: the market settlement price of a Japanese warehouse receipt variety before the date of delivery. Buyers and sellers will settle accounts at delivery price.
8. packing method: execute according to GB/T15182-94. The bags must be clean and free from leakage. The net content per bag is 25kg.
9. place of delivery: warehouse and delivery warehouse.
If the place of delivery is not in the designated warehouse of the market, the transport subsidy price between the specific place of delivery and the delivery warehouse designated by the market shall be negotiated by the buyers and sellers as a supplement to this contract. If the buyers and sellers can not reach a consensus, they shall be implemented according to the standard of transport subsidy price announced by the market.
10. delivery date: the year of the year, the month, the month, the hour, the hour, the hour, the hour, the hour, and the hour.
If both buyers and sellers have requested advance delivery at the delivery warehouse, advance delivery can be made through market approval.
11. inspection deadline: delivery date (inclusive) for five working days.
12. related expenses: the relevant expenses such as warehousing, insurance and other related expenses before delivery date (including) shall be borne by the seller, and the relevant expenses such as warehousing, insurance and other related expenses after the date of delivery shall be borne by the buyer.
13. payment method: the payment and payment by the market shall be collected and paid by the seller and the buyer, and the standard and progress of the installment payment of the buyer's goods shall be carried out according to the regulations on the trading of the Internet trading market and the relevant provisions of the market.
14. seller's delivery and guarantee: the Seller shall submit to the market the warehouse receipt which is in conformity with the contract before the second business days after the day of delivery. Before submitting the warehouse receipt, the Seller shall provide the buyer with a guarantee for the delivery of the goods, and the guarantee shall be collected by the market, and the standards and schedule of payment shall be as follows:
(1) the standard for the first phase of the guarantee is a lump sum payment of $1, 000, and a one-time payment at the time of the transaction.
(2) the delivery date will be paid until the opening date of the first business day of the month.
(3) the delivery date will be paid until the opening date of the tenth business days of the month.
(4) if the market settlement price is higher than the seller's order price, the Seller shall promptly make up the difference above the minimum amount.
(5) if the market adjusts the payment standard and progress of buyer's payment, the payment standard and schedule of seller's guarantee must be adjusted accordingly.
(6) when a trader's capital surplus is insufficient, the settlement result is regarded as a reminder of the money sent to the dealer by the market, and the dealer shall make up before the opening of the next business day.
(7) when the contract is terminated or terminated or the seller transfers the contract, the guaranty entrusted by the two parties to the market shall be returned to the seller after deducting the expenses payable by the seller.
(8) the seller can use the warehouse one-way market to handle the entrusted delivery and redeem the guarantee amount of the corresponding quantity.
15. inspection standard and method: within five working days from the date of delivery (including), if the buyer has any objection to the quality of the goods, he shall notify the market by written or data message, and entrust the designated commercial (quality) inspection department designated by the market to conduct the inspection, and the inspection result shall be the final basis for the quality of the goods. The relevant fees (including inspection fee, warehousing fee during the inspection period) shall be borne by the buyer, otherwise, the Seller shall bear it.
16. liability for breach of contract
The following acts are a breach of contract:
(1) the buyer fails to pay the payment in time according to the standards and schedule stipulated by the market.
(2) the seller fails to pay the guaranty in time according to the standard and schedule stipulated in the contract.
(3) the seller fails to deliver full warehouse receipts and relevant vouchers in due time.
(4) the goods delivered by the seller are not in conformity with the quality standards stipulated in the contract.
In the case of (1), (2) and (3) above, the contract shall be deemed to have been terminated by the breaching party, and the market shall be entrusted to transfer the contract to the third party immediately. After the loss or guarantee money of the breach party has made up for the loss of the contract transfer, the balance will be returned. If the party fails to make up for it, the compliance party will pursue it in accordance with the law.
If the contract transfer can not be completed before the delivery date stipulated in the electronic transaction contract, it shall be deemed to be a breach party entrusting the market to assist in the purchase and sale of the corresponding goods within ten business days from the date of delivery (inclusive), and the cost shall be borne by the breach party. During the period, the claimant has the right to claim compensation from the breach party. The claim standard is: the amount of breach is multiplied by each business day, and the two sides agree to deduct the indemnity from the market on behalf of the defaulting party and pay it directly to the contract keeping Party. More than ten business days still can not be realized, and the clasp will be paid after deducting the indemnity of the breach party. Transaction price Settlement of refund or return, termination of contract.
In cases mentioned above (4), the handling of the part of the goods is negotiated by both parties. If the negotiation fails, the 20% payment of the part of the goods will be taken as the compensation to the buyer by the market, and the goods are owned by the buyer. The buyer is entitled to recourse if he still does not make up for the buyer's loss.
17. the two parties have agreed that one party can transfer all or part of its rights and obligations in the contract to the third party dealer in the market without transferring the consent of the other party when transferring the contract.
18. the contract can be terminated prior to the date of delivery, after the buyer and the buyer have agreed and informed the market.
book contract When the company is released, the seller and the buyer will settle the compensation fee according to the market price approved by both sides.
The compensation fee that the buyer should obtain is (negative should be paid): (the agreed market price, the buyer's price), 1.17 x quantity (ton).
The compensation fee that the seller should obtain is (negative should be paid): (seller's order price, the market price approved by both sides), 1.17 x quantity (ton).
19. after the market closes one day before the date of delivery, the seller and the buyer will sign the delivery contract according to the terms of this contract and the relevant provisions of the "online trading market transaction management measures". When the contract is terminated, the seller and the buyer will settle the compensation fee at the delivery price. The calculation formula of compensation fee is:
Buyer should obtain Compensation For (negative should be paid): (delivery price - buyer's price) 1.17 x quantity (ton)
The compensation fee that the seller should obtain is (negative should be paid): (seller's order price - delivery price) 1.17 x quantity (ton).
20. disputes between buyers and sellers should be settled through consultation, and mediation can be applied to the market. If negotiation or mediation fails to cause litigation, the two parties agree that the people's Court of the market place shall have jurisdiction.
21. other unfinished matters shall be carried out in accordance with relevant provisions.
22. the contract is deemed to have entered into force when the seller and the buyer have quoted the transaction through the market trading system.
Party A (signature):
Tel: TK, TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.
Facsimile: fax, cable, cable, telephone, cable, telephone, telephone, etc.
Bank of opening up:
Account number: it is: the first, the second and the third.
Zip code: it is called "Zai".
This is the year of the year.
Place of signature: the first, the second and the third.
Party B (signature):
Tel: TK, TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.
Facsimile: fax, cable, cable, telephone, cable, telephone, telephone, etc.
Bank of opening up:
Account number: it is: the first, the second and the third.
Zip code: it is called "Zai".
This is the year of the year.
Place of signature: the first, the second and the third.
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