Industrial and mining products purchase and sales contract model
[Contract Model] The parties to the contract are concluded:
Purchase unit: ____, hereinafter referred to as Party A;
Provider: ____, hereinafter referred to as Party B.
In order to enhance the sense of responsibility of both parties, strengthen economic accounting, improve economic efficiency, and ensure that both parties realize their respective economies.
Purpose, through the full consultation between the two parties, the contract is specifically entered into for mutual compliance.
The name, variety, specifications and quality of the first product
1. Product name, variety, specifications:
2. The technical standards of the products are implemented as follows:
Execution according to national standards; if there are no national standards and there are ministerial standards, they shall be implemented according to the ministerial standards;
If there is no national or ministerial standard, it shall be implemented according to the enterprise standards; if there is no such standard, or if there are the above standards, but the demand side
If there are special requirements, the technical requirements, samples or supplementary technical requirements agreed by the parties in the contract shall be implemented.
The second product quantity and unit of measurement, measurement method
1. Number of products: _______________.
2. Unit of measurement, measurement method: ______________.
3. Positive and negative tail difference of product delivery quantity, reasonable pound difference and natural reduction regulations and calculation methods in transit:
Article 3: Packaging standards for products and supply and recycling of packaging materials
Article 4 Delivery unit, delivery method, transportation method, arrival location of the product
1. Delivery unit of the product: ____________.
2. The delivery method is executed as follows:
Party B's delivery;
Party B's agent;
Party A is self-sufficient.
3. Shipping method: __________.
4. Arrival location and receiving unit ________________.
Plan; must be sent by Party A, should be clearly defined in the contract
The transportation and loading and unloading of products by both parties shall be exchanged with the transportation department in accordance with relevant regulations, and records shall be made.
Signed by the party to clarify the responsibilities of Party A, Party B and the transportation department. )
Article 5 Delivery period of the product
Article 6 The price of the product and the settlement of the payment
1. The price of the product is executed as follows:
Executed by country pricing;
Products that should be priced by the state but not yet priced are executed at the approved price of the competent authority for price;
If the product is not a nationally priced product, or if the product has special technical requirements that need to be raised or lowered,
The pricing of the business of both parties is implemented.
2. Settlement of product payment: settlement of product payment, actual payment of miscellaneous fees and other expenses, according to Chinese
The provisions of the settlement method of the People's Bank of China.
Article 7 Acceptance method
Article 8 Time and method for objection to the product
1. In the acceptance of Party A, if the product variety, model, specification, color and quality are found to be out of specification,
In case of proper custody, Party B shall file a written objection with Party B within __ days; during the collection and payment period, Party A has the right to refuse to pay the non-conformity
The payment for the same part of the regulation.
2. If Party A fails to file a written objection within the prescribed time limit, it shall be deemed that the delivered product complies with the contract.
3. Party A shall not raise any objection if the quality of the product is degraded due to improper use, storage or maintenance.
4. After receiving the written objection from the demanding party, Party B shall be responsible for handling it within ten days. Otherwise, it shall be deemed as the default objection and handling opinion submitted by Party A.
Article 9 Party B's liability for breach of contract
1. If Party B is unable to deliver the goods, Party A shall reimburse Party A for the __% liquidated damages for the part of the goods that cannot be delivered.
2. If the product variety, model, specification, color and quality of Party B are not in compliance with the contract, Party A agrees to
The use shall be based on the quality of the price; if Party A cannot use it, Party B shall be responsible for the replacement or repair according to the specific conditions of the product.
And bear the actual cost of repair, exchange or return. If Party B cannot repair or cannot be exchanged, it cannot be delivered.
deal with.
3. If Party B fails to comply with the contract and must be repaired or repackaged, Party B shall be responsible for repair or re-repair.
Pack and bear the cost of the payment. If Party A does not require rework or repackage and seeks compensation for the loss, Party B shall reimburse Party A.
The unqualified package is lower than the value portion of the qualified package. If the package does not meet the requirements and the goods are damaged or lost,
Party B shall be responsible for compensation.
4. If Party B delays delivery, it shall, in accordance with the provisions of the People's Bank of China regarding deferred payment, pay for part of the overdue delivery.
Calculate, pay Party A the liquidated damages for overdue delivery, and bear the losses incurred by Party A.
5. The products delivered by Party B in advance, the products and varieties, models, specifications, colors and quality of the products are not in compliance with the contract regulations.
The fixed product, the cost of storage and maintenance that Party A actually paid during the custodial period, and the non-permitted by Party A.
The loss shall be borne by Party B.
6. If the product is wrongly sent to the place of delivery or the receiver, Party B shall be responsible for the delivery of the goods at the place of arrival or the receiver.
It shall also bear all the actual expenses and overdue liquidated damages paid by Party A. Party B does not agree with Party A, unilateral
The change in transportation routes and means of transport should be subject to the increased costs.
7. If Party B delivers the goods in advance, Party A can still pay according to the delivery time stipulated in the contract after receiving the goods;
Party A may refuse to pick up the goods. If Party B delays delivery, Party B shall negotiate with Party A before delivery. If Party A still needs it, Party B shall
If the amount is no longer needed, Party A shall notify Party B within 15 days after receiving the notice from Party B.
If you cancel the contract formalities and fail to reply within the time limit, you are deemed to agree to the delivery.
Article 10 Party A's liability for breach of contract
1. If Party A returns the goods midway, Party B shall reimburse Party B for the penalty of returning part of the payment __%.
2. If Party A fails to provide the technical materials or packaging materials to be delivered according to the time and requirements stipulated in the contract,
In addition, in accordance with the provisions of the People's Bank of China on deferred payment, the payment shall be made to Party B in accordance with the payment for part of the delivery.
The penalty for the delivery is delayed; if it is not available, it will be returned as a mid-way return.
3. If Party A fails to pick up the goods according to the date specified by the supplier or the date specified in the contract, Party A shall refer to the People's Bank of China.
The provisions on deferred payment shall be calculated according to the total value of the overdue part of the payment, and Party B shall repay the liquidated damages overdue for delivery.
The expenses actually paid by Party B for storage and maintenance.
4. If Party A delays payment, Party B shall reimburse Party B for overdue payment in accordance with the provisions of the People's Bank of China regarding deferred payment.
Liquidated damages.
5. If Party A refuses to accept the goods in violation of the contract, it shall bear the losses caused and the fines of the transportation department.
6. If Party A incorrectly fills in the place of delivery or the receiver, or raises a wrong objection to Party B, Party A shall bear the damage suffered by Party B.
Lost.
Article 11 Force Majeure
If either party to Party A and Party B cannot perform the contract due to force majeure, they shall promptly notify the other party that they are unable to perform.
Or the reason for not being able to perform fully, after obtaining the relevant authority’s certificate, allowing for extended performance, partial performance or non-performance
The contract is executed and may be partially or totally exempt from liability for breach of contract depending on the circumstances.
Article 12 Others
Liquidated damages, compensation, custody and maintenance fees and various economic losses that should be repaid in accordance with the provisions of this contract shall be clearly borne
Within ten days after the appointment, the payment shall be made in accordance with the settlement method prescribed by the bank, otherwise it shall be treated as overdue payment. But neither party may deduct it by itself
Goods or deductible payments to cover.
The way to resolve the contract dispute: The dispute arising from the execution of this contract shall be settled by both parties through negotiation. Negotiation failed, both parties
Agree to arbitrate by the ____ Arbitration Commission.
This contract shall take effect from the date of _____________, and neither party A nor Party shall change arbitrarily during the execution period of the contract or
Lift the contract. If the contract has any outstanding matters, it shall be subject to mutual agreement between the two parties to make additional provisions. The supplementary provisions and this contract have
Equally effective. The original of this contract is in duplicate, each party holds a copy; the copy of the contract is ____ copies, and is distributed to A and B.
The competent authorities, banks, etc. of both parties shall keep one copy.
Purchases of units:____
Representative: ____
address:____
Bank of deposit: ____
account number:____
phone:____
Delivery Unit____
Representative: ____
address:____
Bank of deposit: ____
account number:____
phone:____
__Year __月__日订
Promulgation unit: Economic Contract Division of the State Administration for Industry and Commerce
Date of promulgation:
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