International finance lease contract

Overview International leasing refers to a contractual relationship between the lessor and the lessee in different countries during the agreed period in which the lessor submits its equipment to the lessee for paid use. There are three main types of modern international leasing business, namely, financing leasing, comprehensive leasing and service leasing. Financing leases are the lessor's own contribution or loan to the bank according to the requirements of the lessee. The supplier specifies the equipment specified by the lessee, and then leases the purchased equipment to the lessee. The lessee delivers the rent according to the contract. Financial leasing has the dual functions of financing and financing. It is mainly used when renting special equipment or large-scale complete sets of equipment. This method is often used in international leasing business. This kind of leasing method can be divided into direct leasing and transfer according to different business characteristics. Lease, leaseback, etc. Comprehensive leasing is a leasing business that combines leasing with compensation trade, processing and assembly, and other forms of foreign economic cooperation. Service leases are also called operating leases. The leasing company provides funds and equipment to the renter, and provides equipment repair and maintenance services to the renter to provide or train relevant technical personnel. This type of leasing is also higher because the leasing company has to provide a variety of services.
The legal file form of international leasing is an international lease agreement, and the content of the lease agreement is not uniform due to different leasing methods. Even in the same form of leasing, as long as the parties agree, different terms can be specified, so the person using the book does not have to be rigid with the format template provided in this book.
Lease Equipment This clause shall provide a detailed description of the leased equipment, specifying the name, specification, quantity, quality, performance and date of delivery of the lease item, indicating whether it is the responsibility of the lessor or manufacturer. In the case of a finance lease, it is also necessary to state that the lease item is rented by the lessor according to the lessee's request and then leased to the lessee, and the lessor can stipulate that it can only assume the financing responsibility.
The lease term agreement shall clearly specify the lease term, the start date, the deadline of the lease term, and the conditions for the renewal of the lease. The length of the lease term is mainly determined by the parties at the time of signing the agreement based on the circumstances of the lease and the needs of the lessee. In general, equipment with variable vulnerability and effectiveness has a short lease term, while equipment with long-term durability and little change in performance has a long lease term.
Rent and payment method rent is the main content of the lease contract, and it is also the main rights and obligations of both parties. The rent terms should specify the amount of the rent, the method of calculation, the place of payment, the currency used, the number of rent payments, and the time and method of the first rent payment.
In calculating the rent, factors such as the composition of the rent, the length of the lease, the settlement currency, and the payment method should be taken into account, and the parties should negotiate and determine the principle of fairness and reasonableness. The method of rent payment generally includes the number of rents paid, prepayments or post-payments, fixed or unfixed rates, etc., which are required by the parties in the agreement.
Ownership, use, maintenance and storage of leased equipment In an international lease agreement, it is generally stated that the ownership of the equipment during the lease period belongs to the lessor. Without the consent of the lessor, the lessee may not transfer, mortgage, sell or lease the equipment. Etc., and the lessee has full access to the leased equipment. If there is a restriction on the right to use, it is negotiated by both parties. As for the repair and maintenance of the leased equipment, the parties shall enter into an agreement after negotiation according to the lease method and the nature of the leased property.
Risk taking Generally speaking, accidental loss of damage to the leased property during the lease period is inevitable, so the agreement should clarify who will bear the loss. Under normal circumstances, the risk of loss of normal loss of the leased property is borne by the lessee. In the event of accidental damage, the lessee has the obligation to notify the lessor, and the lessor may choose to have the tenant handle and pay all costs. If there is a risk, insurance must be required. The agreement should stipulate which party will insure the leased equipment and who will bear the cost.
The term of the lease term is different depending on the lease method. In the case of service leases, the agreement usually states that the lessee should return the leased property in good condition to the lessor after the lease expires. In the case of financing leases, both parties may choose to deal with them, including: returning the leased property to the lessor, renewing the lease, renting the leased property by the lessee, or selling it on behalf of the lessee. In the current financial leasing in China, most of the lessees pay the rent and other payables at the end of the period, and only take the nominal price to obtain the ownership of the equipment.

Lessor:
address:
Legal representative:
Phone: Telegraph registration:
Bank Account:
Lessee:
address:
Legal representative:
Phone: Telegraph registration:
Bank account number: After a friendly negotiation, both parties will reach an agreement on the lease:
Article 1 The leased item Party A shall, according to the requirements of Party B, purchase the leased items listed in the “equipment list” of the attached file of this contract and lease it to Party B. During the lease term, Party A owns the ownership of the leased item, and Party B has full right to use, but may not sell, transfer, mortgage or otherwise infringe the ownership of the leased item.
Article 2 Lease Period Once this contract becomes effective, both parties shall begin to perform their respective rights and obligations as stipulated in the contract, and shall not unilaterally terminate or withdraw the lease. However, the entry into force of this contract is not the beginning of the lease term. The negotiation date of the leased item is the date of the lease. Once the item is negotiated, the lease period begins and Party A will notify Party B in writing to confirm. The lease term for this contract is the year.
Article 3 Purchase/lease of leased items
1. Party B shall submit a lease authorization letter to Party A.
2. Party B shall submit to Party A various approvals or licenses deemed necessary by Party A.
3. Party B shall, according to its own needs, select the leased item and the price of the goods, formally sign it on the attached file of the technical terms of the purchase contract, and sign the confirmation on the purchase contract.
Article 4 Delivery and Acceptance of Leased Items
1. Party A shall deliver to Party B at the time and place agreed by Party A and Party B. Party A shall not be liable for delays in the delivery of leased items due to government regulations, force majeure or delay in transportation, unloading, customs declaration, etc. that are not the responsibility of Party A.
2. After the leased item arrives at the place of delivery, Party B shall be responsible for its own custody. Party B shall send the acceptance certificate and the test report to Party A after acceptance and test. In case of any problem, Party A shall cooperate with Party B to make external claims in a timely manner; if there is no problem, Party B shall submit a receipt certificate to Party A confirming that the leased items are received in full and all meet the requirements of the contract.
3. If the leased item delivered does not conform to the provisions of the purchase contract in terms of model, specification, quantity, technical performance, etc., and is in the seller’s responsibility, Party A agrees to transfer the claim of the purchase contract to Party B, and As far as possible, assist Party B to make a claim against the seller. However, in view of the financing lease, Party A does not bear any legal and economic responsibility.
Article 5 Maintenance and Maintenance of Leased Items
1. During the lease term, after the warranty period of the leased item has expired, Party B shall be responsible for the maintenance and maintenance of the equipment to maintain its good condition, and all costs incurred by Party B shall be borne by Party B.
2. During the lease term, the leased item is damaged and Party B shall be responsible for repair and restoration. If it cannot be repaired, Party B shall still perform the obligation to repay the rent on schedule without conditions.
Article 6 Leases and fees
1. The total cost of the lease includes the price of the leased item, freight, insurance, financing interest, handling fee and bank fee. Considering that the contract signing fashion cannot accurately estimate the actual amount of the above costs, the rents listed in this contract are calculated on the estimated cost. After the leased item is negotiated, if the actual cost differs from the estimated cost, the actual cost shall prevail. The specific amount shall be officially notified by Party A in writing to Party B and the guarantor.
2. Party A agrees that Party B will repay the principal and interest once a year. The year and month are the grace period and only interest is paid. Since the beginning of the year, the principal and interest are repaid once a year, and they are paid off in different parts. Party B shall, after receiving the payment notice from Party A, wire the rent payable to the account designated by Party A as scheduled.
3. The calculation currency of this contract is that the interest is fixed/floating at that currency.
Fixed: The annual interest rate is calculated based on the fixed interest % of the year.
Floating: Calculated based on the London Interbank Offered Rate on the date of interest payment plus % spread.
4. Party A shall collect from Party B the % of the total amount of the leased item as a one-time handling fee. The amount paid in RMB may be converted into RMB at the exchange rate announced by the State Administration of Foreign Exchange on the day of payment. After the contract comes into effect, Party A shall issue a notice of payment to Party B. Party B shall wire the handling fee to the account designated by Party A within ten days after receiving the notice.
5. Party B shall also bear the following fees. Bank charges; insurance and transportation costs during delivery; domestic transportation fees from the destination port to Party B; import tariffs on leased items; insurance premiums for leased items in China; For the above various expenses, if Party B needs to entrust Party A's agent, the relevant amount should be remitted into Party A's account before the issuance of the certificate, or the relevant expenses will be charged, otherwise the certificate will not be issued.
Article 7 Margin
1. Within ten days of the signing of this contract, Party B shall pay Party A the deposit of the total amount of the contract as a guarantee for the performance of this contract.
2. The deposit is not subject to interest and is returned to Party B or to all or part of the last rent at the end of the lease term.
3. If Party B violates any of the terms of this contract, Party A will suffer losses, and Party A has the right to deduct the amount that Party B should compensate from the deposit.
Article 8 Insurance
1. Regardless of what may happen during the inspection, in order to ensure the interests of both parties, when the leased item arrives at the destination, Party A will insured the property insurance on behalf of Party B in the name of Party A. The insured amount shall not be less than the total amount of the leased item, and the insurance period shall not be shorter than the lease term. Insured should use foreign exchange. At the time of signing the insurance premium, the insurance premium is charged into the cost once a year, and the expenses are borne by Party B.
Article 9 The customs duties such as customs leased items and accompanying raw materials shall be borne by Party B. If it can be exempted in whole or in part, Party B shall go through the tax exemption procedures to the relevant local authorities, and Party A may provide the necessary relevant certificates. After approval, Party B shall send the tax exemption certificate to Party A for customs clearance.
Article 10 Delayed Interest If Party B fails to pay the rent due and other payments to Party A in accordance with the provisions of this contract, Party A has the right to charge Party B the interest for the deferred payment. The penalty interest is calculated by adding the % of the interest rate stipulated in the contract.
Article 11 Economic guarantee
1. Party B entrusts the economic guarantor of Party B as the contract.
2. The guarantor is obliged to guarantee and supervise Party B to effectively implement the terms of this contract. For any reason, when Party B cannot repay the rent and other payments stipulated in this contract on time, the guarantor shall perform the payment obligation without objection within ten days after receiving the written notice from Party A.
Article 12 When the leased item expires at the expiration of the lease term, Party B may purchase the leased item from Party A at the symbolic price of the US dollar, and the payment is included in the last installment rent. Party A shall send Party B a “property transfer of equipment ownership” within one week after receipt of the payment to confirm the formal transfer of ownership of the leased item.
Article 13 Settlement of Disputes All disputes concerning this contract shall be settled first by friendly parties through friendly negotiation. If it still cannot be resolved, both parties will solve the following items:
1. Apply to the Arbitration Commission for arbitration;
2. File a lawsuit in the People's Court.
The costs of arbitration or litigation are borne by the losing party.
Article 14 Subsidiary Files The following subsidiary files are an integral part of this contract and have the same effect as this contract:
1. Lease order
2. Lease contract schedule
3. Purchase contract and equipment list
4. Economic guarantor's "irrevocable guarantee"
Article 15 The original of this contract shall be in duplicate, and each party shall hold one copy. The economic guarantor holds a copy of the contract.
Party A: Witness representative:
Party B: Witness representative:
guarantor:
representative:
Contract signing date Leasing object name Model specification Purchase contract number Manufacturer Vendor Scheduled delivery date Year-end delivery location setting or use place rent payment method: Reimbursement of lease term cost by wire transfer Affordable floating rate when principal amount is fixed at fixed interest rate The total amount of gold for each period of the rental plan for the first period of the year:
The second year, month and day amount:
The amount of the third year, month and day:
The amount of the fourth year, month and day:
The fifth year, month and day amount:
The amount of the sixth year, month and day:
The amount of the seventh year, month and day:
The amount of the eighth year, month and day:
The amount of the ninth year, month and day:
The tenth year, month and day amount:
The eleventh year, month and day amount:
The amount of the twelfth year, month and day:
Interest rate deposit fee, nominal price, other