Television purchase and sale agreement
Numbering:______
buyer:_____________
Seller: _____________
On the principle of equality, voluntariness, reciprocity and mutual benefit, the buyer and the seller have signed this contract after full negotiation. The parties agree to fully perform the following terms:
Article 1 Name, specification, quantity and amount of equipment provided by the seller:
Product Name: _____________
Model number: _____________ Quantity: ___________ Amount: _____________ yuan
Total contract amount: _____________ Capital: _____________
Article 2 Manufacturer: __________________________
Article 3 Delivery time and location
1. Delivery time: _____________ calendar days from the date of signing the contract.
2. Delivery location: __________________________
3. The seller is responsible for the responsibility of transportation, loading and unloading and freight.
Article 4 Payment method
1. The ______% of the contract amount will be paid within ______ working days after the goods have been counted, that is, the RMB yuan. After the installation is completed, the payment will be ______ within one working day, ____% is RMB, and the balance _ _____% The payment will be paid within ______ business days after one year of acceptance.
2. The buyer pays the contract payable under the contract to the seller's designated account:
Payee: ___________
Bank: ___________
account:_____________
The country of origin and the manufacturer provide corresponding certificates; if the product involves import, the bidder must provide a copy of the relevant import approval for the product and affix its official seal.
Article 5 Quality Assurance
1. The seller guarantees that the quality of the equipment provided by the seller meets the requirements of the performance and technical parameters specified in the bidding file of the buyer's serial number <Enterprise> 2006003.
2. The seller provides the manufacturer's production certificate.
Article 6 after-sales service
1. The equipment ordered in the contract, the seller is responsible for equipment commissioning after the arrival of the goods and a one-year free warranty, and a lifetime of paid maintenance service after one year.
2. The seller promises to upgrade the equipment software ordered by the contract free of charge and provide the following services to the buyer:
1) Upgrade the software.
2) Provide an "Upgrade Instructions" in writing that contains issues that are clearly guaranteed to be addressed by the upgrade.
3) If the written information is provided in accordance with the buyer's network, the “Upgrade Operation Plan” is approved by the buyer.
4) Equipment and software required for all necessary technical support and upgrade operations.
3. The buyer is not covered by the warranty due to accidents caused by accidents or other force majeure factors, but the seller is responsible for the paid repair service. In the case of quality problems, the seller accepts the buyer's return request within one month.
4. The seller provides the equipment maintenance service after the warranty period, and the maintenance fee is 50% plus the cost price of the parts.
5. The seller's personnel received the door-to-door service within 48 hours after the buyer's repair. During the warranty period, the equipment needs to be returned to the factory for repair. The seller must immediately provide the same specifications and quantity of equipment for free; outside the warranty period, if the equipment is returned to the factory for repair for more than 10 days, the seller must immediately provide the same grade of machine to the buyer for temporary use.
6. The seller shall provide the necessary training materials, files and facilities.
7. The seller needs to provide technical support; technical problems can be resolved within 24 hours.
8. The seller provides free installation of simple wall hangings, screws and other auxiliary materials.
Article 7 Packaging
The equipment must be properly packaged by the seller, suitable for ocean, air and long-distance land transportation, moisture, moisture, shock, rust, and barbaric loading and unloading, to ensure that the equipment is not damaged by the above reasons, so that it is safe and safe to reach the buyer's designation. location. Any loss due to poor packaging is borne by the seller.
Article 8 inspection
1. After the equipment arrives at the delivery location, the buyer must unpack the equipment and provide the inspection quantity to the seller. If the buyer does not raise an objection for more than one week, the buyer will be deemed to have no objection to the quantity of the equipment.
2. After the buyer receives the equipment, if the equipment is found to be missing or damaged, the buyer shall make a detailed record for both parties to verify, and the seller shall be responsible for inquiring or claiming with the relevant department.
Article IX Claim
1. If the same device fails within ______ months, it will be more than ______ times. The seller is responsible for verifying whether the device is faulty.
2. The equipment does not comply with the contract, and the buyer makes a claim within one month of the above situation. The seller must obtain one or more of the following claims after obtaining the buyer’s consent:
1) agree to the buyer's return;
2) Depreciate the equipment according to the inferior quality of the equipment, the degree of damage and the amount of damage suffered by the buyer;
3) Replace the defective parts with new parts that meet the quality and performance of the specifications specified in the contract, and bear all direct losses and expenses incurred by the buyer. The shelf life of the new replacement parts must be extended accordingly.
3. If the seller fails to reply within one month after receiving the buyer's claim, the seller is deemed to have accepted the claim.
4. All economic losses and compensation shall be borne by the seller due to the economic loss caused to the buyer by the quality of the seller's equipment or the buyer's need to compensate the third party.
Article 10 Extension and fine
1. If the seller fails to deliver the goods in time according to the contract, except for the force majeure accident, if the seller agrees to pay the extension penalty, the buyer shall agree to postpone the delivery, and the fine shall not exceed ______% of the total value of the equipment. The penalty rate is calculated as ______% every ______ days. If the seller's delivery delay exceeds the contract period by ______ days, the buyer has the right to withdraw the contract, and despite the withdrawal of the contract, the seller must still pay the buyer a prescribed fine.
2. If the buyer fails to pay in time according to the contract, the seller shall agree to postpone the payment if the buyer agrees to pay the deferred payment penalty, except for the force majeure accident. The fine shall not exceed ______% of the total value of the payment. The penalty rate is calculated as ______% every ______ days. If the buyer's payment is extended beyond the contract period of ______ days, the seller has the right to withdraw the contract, and even if the contract is withdrawn, the buyer must immediately pay the seller a prescribed penalty.
Article 11 Arbitration
All disputes arising from the execution of this contract shall be settled through friendly negotiation. If they cannot be resolved, they shall be submitted to the Shenzhen Arbitration Commission for arbitration according to their procedures.
The arbitral award's ruling has the final effect and the parties must comply with it. The arbitration fee shall be borne by the party at the time of the defeat, unless otherwise determined by the arbitral institution.
During the arbitration, both parties shall continue to implement other terms of the contract other than the disputed part.
Article 12 Others
1. The seller guarantees that the equipment it provides will not directly or indirectly cause infringement of intellectual property rights owned or used by third parties in any country or region.
2. The seller shall ensure that the equipment provided by it does not have any security rights such as mortgage, pledge or lien.
3. The seller agrees that if the contract is delayed for more than one day due to the seller's reasons, the buyer has the right to cancel the seller's qualification as the buyer's supplier and transfer the purchase to another supplier.
4. The seller shall provide the 3C certification of the equipment. If it is not available, the seller shall bear all the consequences arising from the failure of the 3C certification.
Article 13 The following files shall be deemed to constitute and constitute an integral part of the reading and understanding of this contract, namely:
1. This contract;
2. Technical specifications;
3. Design drawings and changing conditions provided by Party A.
The above files will be supplemented by each other. If there are any ambiguities or inconsistencies, the files listed above will be subject to the later time.
Article 14: Entry into force, modification and termination of the contract
1. This contract is in the form of a land, the buyer is responsible for the share, the seller is responsible for the share, and the two parties sign and seal and become effective.
2. This contract applies to Chinese law.
3. Any modification, modification or supplement of this contract shall be carried out after negotiation between the buyer and the seller, and shall be confirmed in writing.
4. Any written file of the modification, modification or supplement of the relevant contract agreed by the buyer and seller shall have the same legal effect as this contract and be an integral part of the contract.
buyer:_____________
address:_____________
phone:_____________
fax:_____________
signature:_____________
date:_____________
Seller: _____________
address:_____________
phone:_____________
fax:_____________
signature:_____________
date:_____________
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