How To Prepare Financial Leasing Contract
Contract No: No.
Lessor (Party A):
Address: "the", "the", "the" and "the".
Tel: I am, I am, I am.
Fax: TK, TK, TM, TM, TM, etc.
Bank account No.:
The lessee (Party B):
Address: "the", "the", "the" and "the".
Tel: I am, I am, I am.
Fax: TK, TK, TM, TM, TM, etc.
Bank account No.:
Party A and B voluntarily sign the financial leasing contract (hereinafter referred to as the contract) according to the provisions of the contract law of the People's Republic of China.
Once the contract is signed, it is legally binding on both parties.
Article 1 description of contract
Party A shall, in accordance with the requirements and entrustment of Party B, in accordance with the requirements of the name, quality, specification, quantity and amount of the leased property provided by Party B, and lease second articles of the leased property to Party B, and Party B shall take the lease.
Second leases
The name, quality, specification, quantity and amount of the leased property shall be leased according to the documents approved by the company.
Party A has examined and agreed to pay the price and related expenses of the equipment to the total amount of Renminbi, and to lease to Party B after the purchase of the leased items. The list of rental items is an integral part of the contract.
The third place of delivery, acceptance, delivery and location of the leased property.
1. the leasing property shall be delivered directly to the designated delivery place of Party B by the supplier and delivered to Party B.
2. after the rental property has been pported to the place of installation or use, Party B shall inspect the leased items within the days of the "", "" and "the" inspection receipt of the leased items after the lease is delivered to Party A.
3. if Party B fails to deliver the acceptance receipt to Party A in accordance with the provisions of the preceding paragraph, it shall be deemed that the lease item has been checked and accepted by Party B in a complete and good condition, and that Party B has already delivered the acceptance receipt of the leased item to Party A.
4. if Party B finds that the quality, specification and quantity of the leased items are not the same as the quality of the leased items, the defects or the defects are the responsibilities of the seller, Party B shall obtain the certificate of commodity inspection from the commodity inspection department within the days after receiving the goods and notify the party a party in writing immediately.
The fourth term of the lease is the year of the first year of the year.
The fifth total rent is the gross domestic rent, and the rent will be rented from the date when Party B accepts the rental equipment.
During the tenancy period, the monthly rental fee shall be $1, 000, and $8.
Neither party shall ask for rent increase or rent reduction during the lease term.
If Party B fails to pay the rent on time, it shall pay to Party A as the penalty for the interest rate of the bank's long-term interest rate.
After signing the contract, Party B shall submit a letter of guarantee issued by the Bank of China to Party A within the month, and guarantee that Party B will pay the rent according to the contract stipulations.
Sixth guarantees for rent
1. once the contract has been signed, Party B shall pay to Party A the guarantee amount agreed upon by both parties, as a guarantee for the performance of this contract.
The lease deposit shall be returned to Party B at the expiration of the lease without any interest, or the whole or part of the rent stipulated for the last period.
When Party B violates any provisions of this contract, Party A will deduct the amount from Party B's payment to the Party A from the rental bond.
2. Party B entrusts the company's financial guarantor as the party's economic guarantor, and shall bear joint and several liability for compensation.
Purchase, delivery and acceptance of seventh rental items
1. there are three ways to purchase goods. The two sides agree to adopt the way of "two, two, two, two, two, two".
A. in accordance with the relevant provisions of trade, Party A agrees that Party B shall sign or entrust an agent to sign a contract for the purchase of the lease item, and Party B or its entrusted agent shall bear all obligations for the contract.
Party A shall not be liable for any consequences arising from the execution of the contract and the quality of the leased items. The original invoice and the copy of the contract and the copy of the power of attorney shall be delivered to Party A for preservation.
B. after the lease item is confirmed by Party B, the purchase contract shall be signed by Party A.
Party B, as the representative of Party A, is responsible for dealing with all the problems arising from the fulfillment of the purchase contract and undertaking the economic responsibility resulting from the fault of Party B in the performance of the contract.
C. Party B shall sign a purchase contract with the supplier, which shall become effective after the confirmation of the seal by Party A and payment by collection and acceptance. When the supplier receives the collection and acceptance, he must deliver the railway waybill or Party B's own supporting documents.
After paying the bill, Party A will have the ownership of the goods.
If there is any problem in the pportation or other quality and shortage of goods, Party B shall be responsible for solving the problem with the supplier. Party A will not participate or bear any financial responsibility.
2. after the lease is delivered to the place of use, Party B shall be responsible for acceptance within thirty days (including trial run). At the same time, the acceptance receipt for the leased items signed and sealed will be submitted to Party A in two copies in written form.
3. if Party B fails to process the acceptance according to the time specified in the preceding paragraph, Party A shall regard it as a rental item and has completed the inspection and acceptance by Party B under the complete condition. It shall also be deemed that Party B has delivered the acceptance receipt of the leased item to Party A.
4. if Party B finds that there are discrepancy, defects or defects in the type, specification, quantity, and technical performance of the leased object due to the seller's responsibility during the inspection, Party B shall directly negotiate with the seller and notify Party A in writing.
If the seller delays the delivery, Party B shall direct the delivery.
5. Party A shall notify the Party B of the contract number, name, specifications, number, gross weight, net weight, invoice value, name of the carrier, estimated time of arrival and port of destination by telex after shipment.
At the same time, we should also send the following documents to Party B:
A. original bill of lading.
B. invoice invoice.
C. shipping documents.
D. a certificate of quality and quantity inspection issued by the manufacturer of Party A.
6. when the goods arrive, they will entrust the inspection agency to inspect the leased goods.
If quality, specification, quantity and so forth are not in conformity with the contract stipulations, Party B shall have the right to lodge a claim against Party A within the days of arrival, inspection, inspection, inspection, and inspection by the inspection institution, or require Party A to replace unqualified parts or machines at its own expense.
Loss and damage of eighth leases
1. during the term of this contract, Party B shall bear the risk of loss or damage to the leased property.
2. Party B shall notify Party A immediately if loss or damage of the leased property occurs. Party A may choose one of the following ways, Party B shall be responsible for handling and bearing all expenses.
A. restores or repairs the lease to normal use.
B. replace the same status and performance of the lease item.
3. when the leasehold is damaged or damaged to the extent that it can not be repaired, Party B shall compensate Party A in accordance with the amount of compensation for damages recorded in the notice payable in actual hire.
When Party B pays the amount of damages and other payments to Party A, it shall be handled as agreed by both parties.
Ninth insurance
1. from the date of the beginning of the term of the lease, Party A will take necessary insurance for the purchase contract, and the insurance shall include third party liability insurance and make it continue to be valid within the term of the repayment term.
The premium shall be borne by Party B and included in the actual cost.
2. the rental property shall be insured against the property insurance of the people's Insurance Company of China from the date of installation or use of the premises to the end of the contract until the end of the contract, so as to cope with the risk of damage to the leased items caused by natural disasters.
3. in
Lease
During the period, if an insurance accident occurs, Party B shall immediately notify Party A and the Chinese people's Insurance Company in the local branch, and provide Party A with the inspection report and relevant information, and shall claim compensation from the head office of the people's Insurance Company of China.
All premiums of this section are included in the total rent and shall be paid in foreign currency, which shall be borne by Party B.
The sum payable to Party A by Party B shall be deduct from compensation in the insurance compensation.
4. if the insurance money is insufficient to cover the above payments, it shall be complemented by B.
Tenth, the rights and obligations of the leased items.
1. during the lease term, the ownership of the leased items listed in the schedule of the contract belongs to Party A, and Party B has only the right to use the leased items.
Party B shall not sell, pfer, sublet, mortgage, invest, or take any other violations of the ownership of the leased property during the lease term.
2. the leased items within the lease term shall be used by Party B. Party B is obliged to protect the leased items reasonably and appropriately, and shall be liable for damages or damage to the leased objects caused by Party B's own negligence or negligence or by any third party prevented by Party B.
3. within the month of the arrival of the equipment in the workshop, the first party technician will be sent to the company to install the equipment, and then train the technicians and workers to enable them to master the technology of operation, repair and maintenance of the equipment.
In this case, Party B agrees to pay the monthly salary of each person, and all other expenses shall be borne by Party A.
4. in order to ensure the normal use and operation of the leased items, Party B is responsible for normal and timely repair and maintenance of the leased items according to the technical requirements.
The expenses incurred in repair and maintenance shall be paid by Party B.
During the tenancy period, the leased items will be resolved by Party B regardless of any manufacturing or using accidents. Party B shall not be exempt from paying rent to Party A.
5. Party A has the right to inspect the usage of the leased items, and Party B shall provide convenience for Party A's work.
During the tenancy period, Party B shall provide Party A with financial statements every half a year and report to Party A about its business.
6. Party A shall provide raw materials, fuel and components to Party B at the preferential price.
7. during the tenancy period, Party B shall not express or imply in any form that it has the right of ownership and disposition of the leased property. If Party B fails during this period due to debt disputes or bankruptcy in accordance with the law, Party B shall apply to the court, creditors or liquidation committee for not having Title to the leased property, nor to lease the property for litigation, or to repay debts, while reporting to Party A in time.
8. after the expiration of the lease term, the lease items shall be disposed of:
A. Reservation: Party A agrees to sell the leased items to Party B according to the retained purchase price listed in the contract schedule.
The purchase price is paid in conjunction with the last rent.
After all the actual rental and purchase price and the third contract appearing, if at any time, additional taxes, interest or interest and penalty interest are paid, Party A will pfer the ownership of the leased property to Party B.
B. renewal: Party A agrees that Party B will renew the lease items of the contract, and the lease terms such as renewal rent, rental amount, rental date and so on shall be negotiated between the two parties within three months before the expiration of the contract, and a separate renewal contract shall be made.
It is either option or renewal. If the two parties decide one, the other has no legal effect in the contract.
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Eleventh violation of this contract
1. if Party A fails to fulfill the obligations stipulated in this contract and causes seller to deliver the leased property over time, Party A shall bear the interest paid by the buyer during the overdue period of the purchase of the lease.
2. if Party B fails to pay the rent or violate other provisions of this contract, Party A shall have the right to require Party B to pay the rent and other expenses immediately, or to recover the leased property on its own disposal, and the proceeds shall be borne by Party B for the rental and the delayed interest, and the insufficient part shall be compensated by Party B.
Although Party A adopts the foregoing measures, it does not exempt Party B from other obligations stipulated in this contract.
Twelfth pfer and mortgage of Party A's rights
During the term of this contract, Party A has the right to assign the whole contract or part of the rights of the contract to the third party, or to provide the leasehold as collateral, but shall not affect the rights and obligations of Party B under this contract.
Transfer of ownership of thirteenth leases
Party B will pay all the rents and other payments to Party A, and then pay the residual value of the leased property to Party A after Party A to Party B to issue the certificate of ownership pfer of the leased property, and the ownership of the leased property shall be pferred to Party B.
Fourteenth statements and guarantees
First party:
1. Party A is a company established and lawfully kept in accordance with the law. It has the right to sign and have the ability to fulfill this contract.
2. all the procedures required by Party A to sign and perform this contract have been completed and lawfully and effectively.
3. at the time of signing this contract, no court, arbitral body, administrative organ or regulatory body has made any judgments, rulings, decisions or specific administrative acts that will have a significant adverse effect on Party A's performance of this contract.
4. the internal authorization procedures for Party A to sign the contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party A.
This contract is legally binding upon both parties after its entry into force.
Party B:
1. Party B is a legally established enterprise which is legally established and has the right to sign and have the ability to perform this contract.
2. all the procedures required by Party B to sign and perform this contract have been completed and lawfully and effectively.
3. when signing this contract, no court, arbitral body, administrative organ or regulatory body has made any judgments, rulings, decisions or specific administrative acts that will have a significant adverse effect on Party B's performance of this contract.
4. the internal authorization procedures required by Party B to sign this contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party B.
This contract is legally binding upon both parties after its entry into force.
Fifteenth confidentiality
The two sides promise to keep confidential business secrets (technical information, business information and other business secrets) obtained from the other party and cannot be obtained from public channels.
Without the consent of the original supplier of the trade secret, one party shall not disclose all or part of the business secret to any third party.
Unless otherwise stipulated by laws or regulations or otherwise agreed by both parties.
The duration of secrecy is the year of the year.
If a party breaches the above obligations of confidentiality, he shall bear corresponding breach.
responsibility
And compensate for the losses arising therefrom.
Sixteenth force majeure
The force majeure referred to in this contract refers to objective events that cannot be foreseen, insurmountable, unavoidable and have a significant impact on one party, including, but not limited to, natural disasters such as floods, earthquakes, fires and storms, and social events such as war, unrest, and government actions.
If a contract is unable to be fulfilled due to the occurrence of a force majeure event, the party who has the force majeure shall inform the other party in writing of the accident immediately, and shall furnish details of the accident and written information that may not be fulfilled or need to be postponed within the day of the day.
Seventeenth notices
1. all notices required under this contract, as well as documents and contacts between the two parties.
contract
The related notifications and requirements must be delivered in written form (letters, fax, telegraph, and face-to-face delivery).
If the above methods are not served, the service may be delivered by notice.
2. the communication addresses of all parties are as follows:
3. if a party changes its notice or address, it shall notify the other party in writing within days from the date of change, otherwise, the unnamed party shall bear the corresponding responsibility arising therefrom.
Eighteenth dispute handling
1. the contract is governed by, and interpreted by, the law of the state.
2. disputes arising from the execution of this contract shall be settled through consultation between the parties concerned, and may also be mediated by the relevant departments. If consultation or mediation fails, the following shall be settled in the following way:
A. submitted to the Arbitration Commission of the Arbitration Commission.
B. prosecute the people's court according to law.
Nineteenth explanations
The understanding and interpretation of this contract shall be carried out in accordance with the purpose of the contract and the original meaning of the text. The title of this contract is only for convenience of reading, and shall not affect the interpretation of this contract.
Twentieth supplements and annexes
If the contract is not fully implemented, according to the relevant laws and regulations, and if the laws and regulations are not specified, Party A and Party B can reach a written supplementary agreement.
The annexes and supplementary contracts of this contract are integral parts of this contract and have the same legal effect as this contract.
The twenty-first contract effect
This contract shall come into force from the date of signature by both parties or their authorized representatives and the official seal.
It is valid for the year of the year.
This contract is written in Chinese and English, both of which are equally authentic.
The original is one, the two sides hold the same legal effect and the same copy of the contract.
Lessor (seal): the tenant (seal) of the tenant:
Legal representative (signature): legal representative (signature):
This is the year of the year.
Place of signature: the location of the two points:
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