How To Make Financial Leasing Contracts Well?
Lessor: (hereinafter referred to as Party A)
Lessee: (hereinafter referred to as Party B)
Party A and Party B agree to sign the financial leasing contract according to the following terms and abide by it.
Article 1. The subject matter of a contract.
(11) in accordance with the approval of the documents, Party B intends to add the following items: (1) leasing, leasing and leasing.
After examination and approval, Party A has paid the price of equipment (uppercase).
Party B agrees to deposit the details of the rental items, the certificate of acceptance of the goods and the photocopies of the purchase invoices as the appendix to the contract and hand it to Party A for preservation.
Second, the rights and obligations of the leased items.
(21) lease items belong to Party A during the lease term. Party B acknowledges Party A's ownership and disposition rights for the leased items.
Without the written consent of Party A, Party B shall not alter the leased items or make any form of mortgage, pfer, sublease and any other violations of the ownership and disposition of the leased property.
(22) 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.
(23) 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 borne 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.
(24) 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 the financial statements of Party A and report the business to Party A Quarterly.
(25) during the lease term, 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 according to law, Party B shall declare to the court, creditors or liquidation committee that he has no ownership of the leased property, nor can he make full use of the leased property to make a litigation guarantee or repay debts.
Meanwhile, party a must be reported promptly.
(26) when the lease expires, the leased property is retained by Party B, and the pfer price of Renminbi (capital) is paid to Party A.
From the date of delivery of the price by Party B, the ownership of the leased property is pferred to Party B without any conditions.
Third leases and rents
(31) Party A leases and Party B leases.
lease articles
The term of the lease is a calendar month, that is, from 19 months.
From the date of the year to the end of 19 months (including the beginning and end days), the grace period is a calendar month, that is, from 19 to 19 months, including the beginning and ending date.
During the grace period, interest is calculated on a monthly rate of 1000 per cent, and the interest shall be paid to Party A or Party A's designated agent quarterly.
(32) Party B shall not suspend or terminate the lease of the leased property in the period specified in the first paragraph of this article, and shall not, for any reason, propose the requirement to alter the lease contract.
(33) the total amount of rental shown in the first paragraph of this article includes the cost of equipment, interest and insurance premiums totaling RMB (uppercase). It shall be delivered to Party A or Party A's agent on the basis of the rental reimbursement schedule (contract annex three) by Party B, by Party B or by Party B's agent.
(34) Party B shall pay Party A's rental charges under this contract as a percentage of the total amount of financing. It shall be paid to Party A or the agent appointed by Party A on the date of the effective date of this contract.
(35) in order to pay the rent according to this provision, Party B shall assign the rent to the account of Party A or the designated agent of Party A on the three day before the delivery date (excluding delivery date).
The first party (agent) opens an account bank.
The account number is: the first, the second and the third.
(36) if Party B fails to pay the rent or grace period interest according to the time stipulated in this article, Party B shall pay the party a delay payment according to the overdue delivery date and 3/10000 of the daily rental payable or interest.
Fourth insurance for leased items
(41) in the lease term specified in the first paragraph of article third of this contract, Party A shall apply for the insurance of property to the People's Insurance Company of China.
The total premium is (in capital), and the payment is made according to the following (Methods).
1. Party A shall pay the premium and pay the rent.
2. payment by Party B
Insurance premium
And counting the rent.
(42) the loss or damage within the scope of the insurance of the leased object shall be immediately notified to the local insurance company and Party A in writing, and to assist Party A in carrying out the inspection and claim work. If Party B fails to notify Party A and the local insurance company in time when the leased object is damaged or damaged, the party shall bear the liability for compensation for the leased property.
(43) if the loss or damage is covered within the scope of the insurance of the leased object, the amount paid by the insurance company shall be charged to the rent not paid by Party B.
The amount of compensation is more than that of Party B, and Party A should pay to Party B. If the amount of the claim is less than that of Party B, the shortage should be paid to Party A in time.
If the leased property is partially damaged or lost, the insurance company's payment may be used by Party B, but it is only used to replace or repair damaged or lost parts, so that the lease items can be restored to normal usage status. Since part of the damage or loss has been restored to the original status of the lease item, Party B shall still pay the rent to Party A according to the contract stipulations.
Fifth guarantees
(51) Party A agrees to be the financial guarantor of Party B in this contract.
Party B shall provide Party A with a photocopy of the business license of the economic guarantor and a balance statement at the end of last year, and shall be issued an annex to the contract by an economic irrevocable guarantee issued by the economic guarantor.
In case of any circumstances, where Party B fails to pay the rent according to the contract stipulations, Party B's economic guarantor shall unconditionally and promptly undertake the rental and loss incurred by Party B.
If Party A considers it necessary, Party A or Party A's agent shall have the right to do so.
Financial guarantor
All kinds of rent and other payments which should be paid by Party B are deducted from all kinds of deposits in the bank.
Agency supervision of the sixth contract
(61) Party A entrusts Party A's agent to be the party's agent.
Party B agrees that Party A's agent shall supervise Party A's execution of this contract and enjoy the power of Party A under this contract. He also wishes to provide convenience to Party A's agent for his work under this contract.
(62) any representations made by Party A's agents that are inconsistent with the provisions of this contract shall be deemed invalid. Party B shall not represent the basis for Party A in this way.
Seventh handling of breach of contract and dispute
(71) Party B shall pay the rent in time on the basis of the provisions of this contract and comply with the relevant provisions of the contract regarding the use of leased articles.
If Party B fails to pay the rent within one month after the expiration of the rent, or the relevant provisions of the use of the lease item, Party A has the right to terminate the lease and to seal up and recover the leased items.
Any expenses and expenses incurred in recovering or processing the leased items shall be borne by Party B.
(72) all disputes arising under this contract shall first be settled through negotiation through Party A and Party B's economic guarantor.
In case no settlement can be reached through negotiation, Party A and Party B and Party B's economic guarantee per capita shall have the right to settle the case through litigation.
Eighth annex of this contract
(81) the annex to the contract is:
Annex I: details of rental items;
Annex two: grace period interest payment form.
Annex three: rent reimbursement schedule;
Annex four: financial guarantee;
Annex five: the invoice for the purchase of the leased object and the certificate of acceptance of the goods;
Annex six: Leasing insurance policy
The ninth contract text and its entry into force
(91) the original contract is in two copies, and Party A and Party B hold one copy.
Three copies are retained by the parties under the contract.
(92) this contract shall come into force on the date of signing the respective legal representatives of Party A and Party B.
Party A: (official seal)
Legal representative: (signature)
Party B: (official seal)
Legal representative: (signature)
Specific date
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