Compensation trade contract model
Contract No.: ______ Signing time: ______ Signing place: ______ Entering into the contract: _________________________________________
Party A: _________________________________________________
address:_________________________________________________
telephone / fax:________________________
E-MAIL: _______________________________________________
Party B: ____________________________________________________
address:_________________________________________________
telephone / fax:__________________________
E-MAIL: _______________________________________________
Given
In view of the fact that Party B owns the machinery and equipment currently used to manufacture ______, and is willing to sell the equipment to Party A; in view of Party B's consent to purchase Party A's ______ produced by Party B to compensate the price of its machinery and equipment;
Whereas Party A agrees to purchase the equipment from Party B;
In view of Party A’s intention to sell ______ to Party B, it will repay Party B’s machinery and equipment price;
Therefore, in consideration of the premise and agreement set forth in this Agreement, Party A and Party B have entered into this Agreement.
First trade content
1. Party B provides Party A with _____________ type machinery __________ for production, as well as various other auxiliary machinery and equipment, as well as accessories and spare parts necessary for various types of machinery, as well as various necessary in the production process. Test instrument. Specific types of mechanical equipment, test equipment, accessories, accessories, spare parts models, names, specifications, quantities, prices, packaging, requirements, delivery deadlines, etc., the two parties separately signed equipment import contracts, as the contract is inseparable portion.
2. Party A shall use part of the products and other commodities produced by the mechanical equipment provided by Party B, or negotiate the use of ______ products produced by the _____ factory to pay the price of all mechanical equipment. The name, quantity, price, delivery deadline, etc. of the specific reimbursed goods shall be signed by the two parties separately as compensation products. As an integral part of this contract, the equipment import contract and the compensation product supply contract may be merged into compensation trade purchase and sales contract. .
Article 2 Payment Terms and Methods
The letter of credit is opened by both parties, that is, Party A shall issue the forward letter of credit in Party B as the beneficiary, and pay the price of all machinery and equipment in installments and in batches; Party B shall issue a letter of credit with Party A as the beneficiary. , pay the compensation for the goods. Party A shall pay the price of all the mechanical equipment by Party B to pay the compensation for the goods. When the payment paid by Party B cannot match the amount of the forward letter of credit opened by Party A, the difference shall be paid by Party B in advance by Party B, and shall be remitted to Party A before the expiration of the forward letter of credit issued by Party A. Party A can negotiate the long-term letter of credit opened on time. The scheduled payment of the forward letter of credit issued by Party A is based on Party B issuing a time limit letter of credit and prepaying the purchase price according to the regulations. Party B guarantees to open the letter of credit and the advance payment in accordance with the regulations.
Article 3 Term of payment
Party A shall pay the price of all mechanical equipment with the goods in _____ years _____ months. The repayment date begins approximately ______ months after the arrival of the first batch of mechanical equipment. In principle, the monthly repayment amount is ____ of the total mechanical equipment price. Party A can repay in advance, but Notify Party B ____ months ago.
During the period in which Party A repays the price of machinery and equipment with compensation products, Party B shall, in accordance with the provisions of the relevant compensation contract under this Agreement, issue a full, limited, irrevocable, severable and transferable party with Party A as the beneficiary. letter of credit.
Article 4 Pricing Currency and Pricing Standard
Both goods are priced in _______ currency. All the mechanical equipment and all instruments and auxiliary file accessories provided by Party B shall be priced with _______ coins. The compensation products provided by Party A shall be based on the currency base price of Party A’s export goods when the contract is signed, and the current currency shall be ______ During the period of reimbursement of mechanical equipment by the compensation commodity, Party B shall, in accordance with the provisions of the relevant compensation contract under this Agreement, issue a full, limited, irrevocable, severable and transferable letter of credit in which Party A is the beneficiary. . The exchange rate is converted to __________ coins.
Article 5 Interest Calculation
Party A shall bear the interest of the forward letter of credit issued by Party A and the interest paid by Party B. The two parties agreed that the annual interest rate is _____.
Article 6 Technical Services
After the goods arrive at the Party A port, Party A shall install it by itself. However, in the process of installing the main equipment, Party A shall, when it deems it necessary, Party B shall send technical personnel to provide on-site guidance and provide necessary technical services, in the process due to technical The problem is caused by Party B’s losses.
Coordinated by both parties, in order to complete this work, Party B shall send a number of technical personnel of ______. All expenses in China shall be borne by Party B.
Article 7 Additional equipment
In the process of implementing this Agreement, if it is found that the mechanical equipment under this contract needs to continue to add new mechanical equipment or test equipment during the supporting production, it may be updated by the two parties separately, and the updated items shall still be included in the scope of this contract. within.
Article 8 Insurance
After the equipment is imported, it shall be insured by Party B. The ownership of the equipment is transferred after the payment is made. After the accident occurs, the insurance company first pays the insured and then refunds the amount of the equipment paid by Party A.
Article 9 Liability for breach of contract
If Party B fails to purchase the compensation products according to the contract or Party A fails to provide the goods according to the contract, it shall be liable for breach of contract according to the terms of the contract, compensate the economic losses caused by the contract, and pay the other party ____% of the total value of the payment. fine.
Article 10: Responsibility for performance
In order to ensure the effective performance of the terms of the contract, the two parties provide each other with a letter of guarantee issued by the bank of each party to guarantee. Party A's guarantee bank is _______ country ________ bank, and Party B's guarantee bank is _______ country ________ bank.
Article 11 Change of the terms of the contract
If the content of this contract needs to be changed in special circumstances, it must be agreed by both parties.
Article 12 Force Majeure
Due to the irresistible cause of manpower, if one or both parties fail to perform the relevant provisions of the contract, they shall promptly notify the other party of the situation, and after obtaining the valid certificate of the legal authority, allow the extension or non-performance of the relevant contractual obligations, and may be partially or wholly depending on the circumstances. Exempt from liability for breach of contract.
Article 13 Arbitration
Any dispute arising from or in connection with this contract shall be submitted to the Shenzhen Branch of the China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules currently in force at the time of applying for arbitration. The arbitral award is final and Binding. The arbitration applies to the laws of the People's Republic
Unless otherwise provided, arbitration shall not affect the parties to the contract to continue to perform their obligations under the contract.
Article 14
In this contract, ______ is written in two languages, and the two words are equally effective. This contract is effective as of the date of signature and is valid for _____ years. After the expiration of the period, if the two parties are willing to continue to cooperate, they may apply for extension to the relevant government department and obtain approval, and may postpone the contract for ______ years.
person A person B:_____________________
Signature of authorized representative: _________ Signature of authorized representative: __________
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