Financing lease contract version
Lessor: Address: Phone:
Fax: Bank account number:
Lessee: Address: Phone:
Fax: Bank account number:
Party A and Party B agree to sign this lease contract in accordance with the following terms for mutual compliance:
The first contract basis and leased items
Party A shall buy and lease to Party B for use according to the requirements of Party B's lease authorization. The names, specifications, models, quantities and locations of the leased items are detailed in items 1 and 5 of the Schedule to this contract, which is an integral part of the contract.
Article 2 Ownership of the leased item
1. During the lease term, the ownership of the leased items listed in the Schedule belongs to Party A. Party B has only the right to use the leased item and has no ownership. Party B shall not sell, transfer, sublease, mortgage or take any other infringement of the ownership of the leased item during the lease term.
2. After the lease expires, Party A may agree to Party B to renew the lease or sell the leased item to Party B at the nominal price listed in item 11 of the Schedule. The nominal price is paid in conjunction with the last rent. After the nominal price is paid, the ownership of the leased item will be transferred to Party B at any time.
Article 3 Calculation and payment of rent
1. The rent is calculated on the basis of the total cost of the leased item. The total cost of the leased item includes the price of the leased item, sea freight, insurance and financing interest, and bank charges. The total cost is the total amount of all the above amounts and expenses paid by Party A in foreign exchange and RMB.
2. When the rent is paid in US dollars:
Party B shall, within 30 days after signing this contract, transfer the amount of USD required for the contract to the US dollar amount account of Party A's Bank of China Head Office in the form of bank transfer.
The rent is denominated in the same currency as A. In the current month, the rent paid abroad will be converted into US dollars according to the exchange rate of the Bank of China, and settled with Party B at the internal settlement price of the trade. Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
3. When the rent is paid directly in foreign currency:
The rent is denominated and paid in the same currency as the leased or purchased leased item.
The rent for each period shall be directly transferred by Party B to the account of Party A's sales department of Bank of China Head Office within the prescribed payment date.
US dollar account: ; Yen account: ; Euro account: .
4. When the rent is paid in US dollars:
The rent is denominated in the same currency as A. On the day of each payment of rent to foreign countries, the exchange rate of the Bank of China is converted into US dollars, and the Bank of China adjusts the US dollar price to settle with Party B.
Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
Article 4 Changes in rent and interest on fines
1. During the lease term, Party A shall notify Party B in writing of such changes and propose new actual rents due to changes in the taxes and tax rates of the government of the exporting country or the government of the exporting country. Party B acknowledges this. change.
2. When the total cost of the leased item does not match the estimated rent, Party A shall notify Party B of the actual rent amount in writing after the full delivery of the leased item, and the amount of the estimated rent shall be changed accordingly. Party B acknowledges this change.
3. When Party B delays the payment of rent, Party A will calculate the interest of the deferred amount of five-tenths of the daily amount according to the deferred payment time.
Article 5 Delivery and Acceptance of Leased Articles
1. The leased item shall be delivered by Party A to Party B at the port of discharge listed in item 4 of the Schedule. Party A shall not be liable for delays in the delivery of leased items due to government law, force majeure and delayed transportation, unloading, customs declaration, etc. that are not the responsibility of Party A.
2. After the leased item arrives at the installation or use location, Party B shall inspect the leased item within 30 days, and at the same time, hand over the acceptance receipt of the leased item after signing and stamping to Party A.
3. If Party B fails to accept the inspection according to the time specified in the preceding paragraph, Party A considers that the leased item has been accepted by Party B in the complete state, and Party B has deemed that Party B has delivered the acceptance receipt of the leased item to Party A.
4. If Party B finds that the model, specification, quantity and technical performance of the leased item are inconsistent, unfavorable or defective during the acceptance, Party B shall obtain the commodity inspection from China Commodity Inspection Bureau within 90 days after receiving the goods. Prove that the above situation should be notified to Party A in writing immediately. Party A shall assist Party B in making representations and handling claims and other matters in accordance with the relevant provisions stipulated in the purchase agreement signed with the seller.
Article 6 Quality Assurance and Accident Handling
1. The quality assurance conditions of the leased item are in conformity with the quality assurance conditions in the purchase agreement signed between Party A and the seller. If the quality problem occurs during the quality assurance period is the responsibility of the seller, Party A agrees to transfer the claim right specified in the purchase agreement to Party B and assist Party B in handling the claim. When the seller is required to send someone to China, Party A is responsible for handling the procedures for inviting foreign businessmen to come to China.
2. During the lease term, Party B shall bear full liability for the loss of the leased item due to Party B’s liability accident.
3. In the event of any of the above, the continued execution and effectiveness of this contract will not be affected.
Article 7 Use, repair, maintenance and cost of leased items
1. The leased item is used by Party B during the lease term. Party B shall be responsible for daily maintenance and maintenance, keep the equipment in good condition, and bear all the expenses incurred.
2. Party B shall bear full responsibility for the loss of the third party in the process of installation, storage, use, etc.
3. All expenses and taxes incurred during the installation, storage, use, etc. of the leased items shall be borne by Party B.
Article 8 Damage and destruction of leased objects
1. Party B bears the risk of damage and loss of the leased items that occurred during the lease term.
2. In the event of damage or loss of the leased item, Party B shall immediately notify Party A. Party A may choose one of the following ways to be handled by Party B and bear all expenses:
Restoring or repairing the leased item to a fully functional state;
Replace the parts and accessories of the same model and performance as the rental items so that they can be used normally;
When the leased item is lost or damaged to the extent that it cannot be repaired, Party B shall compensate Party A according to the predetermined amount of loss specified in item 9 of the Schedule.
Article 9 Insurance of leased items
1. When FOB or C&B conditions are delivered, Party A shall handle the import transportation insurance procedures for the leased items.
2. The leased item shall be insured by the People's Insurance Company of China from the date of shipment to the place where Party B is installed or used to cope with the risk of damage to the leased item caused by natural disasters.
3. During the lease period, if an insurance accident occurs, Party B shall immediately notify Party A and the People's Insurance Company of China in the local branch office, and provide Party A with the inspection report and relevant information, and Party A shall make a claim against the People's Insurance Company of China.
The insurance premiums of this article are included in the total rent and paid in foreign currency, which shall be borne by Party B.
The amount payable by Party B to Party A in accordance with Article 8 may be reduced or exempted from the insurance compensation.
Article 10 Lease Deposit
1. Upon signing this contract, Party B shall pay Party A the lease deposit as stipulated in Item 8 of the Schedule as a guarantee for the performance of this contract.
2. The lease deposit is not subject to interest and is returned to Party B or 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 deduct the amount that Party B should pay to Party A from the rental deposit.
Article 11 Dealing with breach of contract
1. Except for the provisions of Article 4 of this contract, no party may change or terminate the contract in the middle without the written consent of the other party. Any violation of this contract by any party will be handled in accordance with the relevant provisions of the Contract Law of China.
2. If Party B does not pay rent or violates any of the terms of this contract, Party A has the right to take the following measures:
Party B is required to pay all or part of the rent or other expenses in a timely manner.
The contract shall be terminated, the leased item shall be recovered or required to be returned, and Party B shall be required to compensate Party A for the loss.
3. Before the leased item is delivered, Party B shall be responsible for compensation for all losses caused to Party A by Party B in violation of this contract.
Article 12 Economic guarantee
Party B entrusts the economic guarantor of Party B as the contract. In any case, if Party B fails to pay the rent in accordance with the requirements of the Schedule to this contract, Party B's economic guarantor will pay Party B in accordance with the provisions of the Contract Law and the Guarantee Law. Arrears of rent.
Article 13: Settlement of disputes
1. All disputes concerning this contract, the economic guarantors of Party A and Party B and Party B shall first be resolved in accordance with the relevant provisions of China's "Contract Law" and other regulations. If it cannot be resolved, it shall be submitted to the people's court for a ruling.
2. The purchase agreement or lease contract signed between Party A and the foreign party requires the information provided by Party B at the time of arbitration and assists Party A in making representations.
Article 14 Attached files of this contract
The sub-file of this contract is an integral part of this contract and has the same legal effect as the body of this contract. Attachment file of this contract;
1. a lease contract schedule;
2. Lease order and schedule;
3. Confirmation of rental equipment;
4. A copy of Party A's purchase agreement;
5. Party B's rent repayment guarantee and repayment plan.
Article 15 Others
1. The original of this contract is in duplicate, and it shall take effect after the signature of both parties. The two parties shall each hold one original. A copy of the contract must be held by the parties unless the party's economic guarantor must hold one copy.
2. Any modification, addition or change to the contents of this contract shall be in writing and shall become effective upon the official seal of both parties. The modification and alteration of this contract shall be regarded as an integral part of this contract. Letters, faxes, e-mails, etc. confirmed by both parties will be part of this contract and have the effect of a contract.
Party A:
Manager: Salesman:
Party B:
representative:
year month day
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