Movable pledge guarantee contract

Contract number: _________
Pledgor: _________
Legal address: _________
Legal representative: _________
Position: _________
Attorney: _________
identification number:_________
mailing address:_________
Postal code: _________
Contact: _________
phone:_________
fax:_________
account number:_________
email:_________
Opening a financial institution: _________
account number:_________
Pledgee: _________
Legal address: _________
Legal representative: _________
Position: _________
Attorney: _________
identification number:_________
mailing address:_________
Postal code: _________
Contact: _________
phone:_________
fax:_________
account number:_________
email:_________
In order to ensure the performance of the _________ contract, the pledgor is willing to pledge the property that it has the right to dispose. The pledgee has agreed to accept the pledge of the pledgor's property after examination. The two parties, according to the relevant laws and regulations, agree by the following Terms:
Article 1 Scope of pledge guarantee The scope of the guaranty contract guarantee is the main creditor's right and interest, the liquidated damages and damages payable by the pledger and the expenses for realizing the creditor's rights.
Where the pledge guarantee contract has otherwise been agreed, it shall be in accordance with the agreement.
If the pledgor and the pledgee have no agreement or ambiguity on the scope of the pledge guarantee, the pledger shall be liable for all the above claims.
Article 2 Pledge movable property and suffocation
1. Quality name: _________.
Quantity of physique: _________.
Quality of quality: _________.
Quality location: _________.
2. Valuation value: The value of the qualitative assessment is _________ yuan, and the actual pledge is _________ yuan.
3. The pledge period is from the date of the pledge to the completion of all debts within the scope of the guarantee.
4. If the pledge contract has an unclear agreement on the pledge property, or if the agreed pledge property is inconsistent with the actual transferred property, the actual possession of the property shall prevail.
5. The pledgee has the right to receive the asphyxiation produced by the pledge. The suffocation should first cover the cost of collecting suffocation.
6. The effectiveness of the pledge and the pledge of the object, the right and the suffocation. However, if the object is not transferred with the pledgee, the pledge is less effective than the object.
7. The suffocation of the suffocation in the contract is clearly stipulated. The ownership of the suffocation is a pledgor, but the pledgee has the right to receive the suffocation of the pledge.
Article 3 Pledge ownership
1. The pledgor guarantees the ownership or management of the pledged property in accordance with the law.
2. If the pledgor has a quality of production that does not have ownership but is legally possessed, and the pledgee who does not know that the pledgor has no right to dispose of the pledge, and therefore causes losses to the movable property owner, the pledgor shall be liable for compensation.
3. The pledgor and the pledgee shall not stipulate in the contract that when the pledgee is not paid off at the expiration of the debt performance period, the ownership of the pledge is transferred to the pledgee.
Article 4 Insurance
1. The pledgor shall handle the property insurance of the pledged property during the pledge period. The first beneficiary of property insurance is the pledgee. The insurance policy is kept by the pledgee.
2. The relevant assessment, identification, insurance, custody, transportation and other expenses under this contract shall be borne by the pledgor.
3. During the pledge period, if the pledge property is lost in the scope of insurance coverage, or the value of the pledge property is reduced due to the behavior of the third party, the insurance compensation or damages shall be treated as pledge property and deposited into the account designated by the pledgee. None of them can be used.
Article 5 Pledgor's rights and obligations and liability
1. If the pledgee fails to properly keep the pledge, it may cause it to be lost or damaged. The pledgor may request the pledgee to deposit the pledge, or request the early settlement of the claim and return the pledge.
2. The pledgor has the right to recover from the debtor after the pledgee realizes the pledge.
3. If the pledgor has a quality of production that does not have ownership but is legally possessed, and the pledgee who does not know that the pledgor has no right to dispose of the pledge, and therefore causes losses to the movable property owner, the pledgor shall be liable for compensation.
4. If the pledgor fails to transfer the pledge at the time stipulated in the pledge contract, and therefore causes losses to the pledgee, the pledger shall be liable for compensation according to its fault.
5. If the pledge is concealed and causes damage to other property of the pledgee, the pledgor shall be liable for compensation. However, the pledgee is not allowed to accept the pledge when the pledge is handed over.
6. If the pledgor causes economic losses to the pledgee by concealing the existence, controversy, seizure, deduction or pledge of the pledged property, the pledgee shall pay the pledgee a default of _________% under the main contract. If the liquidated damages are insufficient to make up for the loss of the pledgee, the pledgor should also compensate the insufficient part. The pledgee has the right to offset the liquidated damages and compensation directly with the funds in the pledgor's deposit account.
Article 6 The rights and obligations of the pledgee and the liability
1. The pledgee has the right to receive the asphyxiation produced by the pledge.
2. The pledgee has the obligation to properly keep the goods. If the pledge is lost or damaged due to improper storage, the pledgee shall bear civil liability.
3. If the quality of the material is damaged or the value is significantly reduced, which is enough to jeopardize the rights of the pledgee, the pledgee may request the pledgor to provide the corresponding guarantee. If the pledgor does not provide, the pledgee may auction or sell the pledge, and agree with the pledger to use the price of the auction or sale to pay off the secured creditor in advance or to deposit with the third party agreed with the pledgor.
4. If the debtor fulfills the debt at the expiration of the debt performance period, or if the pledgor pays off the secured creditor in advance, the pledgee shall return the pledge.
5. If the pledgee fails to pay off after the debt performance period expires, it may agree with the pledgor to discount the pledge, or auction or sell the pledge according to law.
6. If the possession of the pledge is lost because of the inability to blame the pledgee, the pledgee may request the improper possessor to stop the infringement, restore the original condition, and return the pledge.
7. During the existence of the pledge, the pledgee shall use, rent or dispose of the pledge without authorization of the pledgee. Therefore, if the pledge causes damage, the pledgee shall be liable for compensation.
8. During the existence of the pledge, the pledgee has no pledge to guarantee the debt of the pledge, and the pledge of the pledge for the third party in the possession of the pledge. The pledgee is liable for damages caused by the change of quality.
9. If the pledgee fails to pay off after the debt performance period expires, the pledgee may continue to retain the pledge and exercise the rights with the pledge. After the pledgor pays off the secured creditor's rights, the pledgee should return the pledge.
10. Upon expiration of the debt performance period, the pledgor asks the pledgee to exercise the right in a timely manner, and the pledgee is obliged to exercise the right to cause the price of the material to fall, and the pledgee shall bear the liability for compensation.
Article 7 The pledgee has the right to dispose of the pledge property in advance to realize the pledge
1. The pledgor is declared bankrupt or disbanded;
2. The pledgor violates the agreement of this contract or other serious breach of contract;
3. During the performance of the main contract, the pledgor is declared bankrupt, disbanded, arbitrarily changed, and the creditor’s right of the pledge is lost, involved or is about to be involved in a major lawsuit, and other goodwill that affects its solvency or lack of debt. Behavior and other situations.
Article 8 The price obtained by the pledgee in disposing of the pledge property according to law shall be distributed in the following order:
1. Pay the fees required to dispose of the property;
2. Reimbursement of the principal debts of the pledgee pledge by the pledgor;
3. To settle the amount of the main creditor’s right, the liquidated damages and the compensation for the pledgee’s pledge;
4. Pay other fees.
Article 9 Declaration and Guarantee of Pledgor:
1. The Pledgor has the right to sign and be able to perform this contract.
2. All the procedures required for the Pledgor to sign and perform this contract have been completed and legally valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to have a material adverse effect on the pledgor's performance of this contract.
4. The internal authorization procedures required for the pledge to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of the pledgor. After the contract comes into effect, it will be legally binding on both parties to the contract.
Pledgee:
1. The pledgee has the right to sign and be able to perform this contract.
2. All the procedures required for the pledgee to sign and perform this contract have been completed and legally valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative action that would have a material adverse effect on the pledgee's performance of this contract.
4. The internal authorization procedures required by the pledgee to sign this contract have been completed. The signatory of this contract is the legal representative or authorized representative of the pledgee. After the contract comes into effect, it will be legally binding on both parties to the contract.
Article 10 Notice
1. According to this contract, all notices sent by one party to the other party, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and can be passed by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________.
3. The notice of change or the address of a party shall be notified to the other party in writing within ______ days from the date of the change; otherwise, the unrecognized party shall bear the relevant liabilities arising therefrom.
Article 11 Change of Contract During the performance of this contract, in the event of special circumstances, if either Party A or Party B needs to change this contract, the party requesting the change shall promptly notify the other party in writing, and after obtaining the consent of the other party, both parties shall sign within the prescribed time limit. A written change agreement that will become an integral part of the contract. Without the written documents signed by both parties, neither party has the right to change this contract. Otherwise, the economic losses of the other party will be borne by the responsible party.
Article 12 Dispute Resolution
1. This contract is governed by and construed in accordance with the laws of the People's Republic of China.
2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:
Submit to the _________ Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Article 13 Force majeure
1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.
2. The party claiming to be affected by the event of force majeure shall, as far as practicable, notify the other party in writing of the occurrence of the event of force majeure in the shortest possible time, and provide the other party with such force majeure events and their continuation within _________ days after the occurrence of the force majeure event. Appropriate evidence of time and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.
3. When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly negotiation. Upon termination or elimination of the event of force majeure or its effects, both parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.
4. “Force Majeure” as used in this contract means that the affected party cannot reasonably control it, cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party has all or part of this contract. Perform any event that is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.
Article 14 Effect of the pledge contract
1. The pledge and the secured creditor's rights exist at the same time. If the creditor's right is eliminated, the pledge will also be eliminated.
2. If the pledgee possesses the pledge, the pledge contract does not take effect; after the pledgee returns the pledge to the pledge, and the pledge against the third party, the people's court does not support it.
3. This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix the official seal of the unit or the special seal of the contract. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days.
4. The original form of this contract is _________ copies, and each party holds _________ copies, which has the same legal effect.
Pledgor: _________ Pledgee: _________
Legal representative: _________ Legal representative: ______
Attorney: _________ Attorney: ______
Signing location: _________ Signing location: _________
_________Year ____________________________________________