Financing lease agreement

Financing lease agreement

Contract number: _________

Lessor: _________

Legal address: _______

Legal representative: _____

Position: ___________

Attorney: _____

identification number:_____

mailing address:_______

Postal code: _______

Contact: _________

phone:___________

fax:___________

account number:___________

email:_______

lessee:_________

Legal address: _______

Legal representative: _____

Position: ___________

Attorney: _____

identification number:_____

mailing address:_______

Postal code: _______

Contact: _________

phone:___________

fax:___________

account number:___________

email:_______

After friendly negotiations, the two sides reached an agreement on the lease:

First overview

The lessor shall, according to the needs and entrustment of the lessee, purchase the leased property specified in Article 2 and lease it to the lessee in accordance with the name, quality, specifications, quantity and amount of the leased property provided by the lessee, and rent it by the lessee.

Second lease item

According to the _________ file approval, the name, quality, specifications, quantity and amount of the leased property to be leased by the lessee: _________. The lessor has agreed to pay the equipment price and related expenses in a total amount of RMB_________. After the lease item is purchased, it is leased to the lessee for use. The lease item schedule is an integral part of the contract.

Article 3 Lease Term

The lease term is _________ years from the date the lessee accepts the equipment.

Article 4 The total rent is _________ yuan, and the rent is calculated from the date on which the lessee accepts the rented equipment. During the lease term, the monthly rent is _________ yuan and should be submitted to the _________ bank's lessor account before the monthly _________.

Neither party may request additional rent or rent reduction during the lease period. If the lessee fails to pay the rent on time, the lessor should be paid _________% more interest than the long-term loan interest rate of the bank as a penalty.

Within _________ months after signing the contract, the lessee shall submit to the lessor a letter of guarantee issued by the Bank of China to guarantee the lessee to pay the rent in accordance with the contract.

Article 5 Guarantee of rent

1. Once this contract is signed, the lessee will pay the lessor the agreed margin of _________ yuan as a guarantee for the performance of this contract.

The lease deposit is not subject to interest and is returned to the lessee at the end of the lease term or to all or part of the last installment.

When the lessee violates any of the terms of this contract, the lessor will deduct from the rental deposit the amount the lessee should pay to the lessor.

2. The lessee entrusts _________ to be the economic guarantor of the contractual lessee and assumes joint liability.

Article 6 Purchase, Delivery and Acceptance of Leases

1. There are three types of purchase methods, and the two parties agree to adopt the _________ method.

a. According to the relevant trade regulations, the lessor agrees to the contract of the lessee to sign or entrust the agent to sign the leased property, and the lessee or its entrusted agent assumes all obligations to the contract. The lessor shall not be liable for the consequences of the performance of the contract and the quality of the leased property. The original invoice and the copy of the contract and a copy of the power of attorney shall be deposited with the lessor.

b. After the lease item is determined by the lessee, the purchase contract is signed by the lessor. As the lessor's representative, the lessee is responsible for handling all problems in the fulfillment of the purchase contract, and bears the economic responsibility caused by the negligence of the lessee during the performance of this contract.

c. The charterer and the supplier shall sign the contract for the goods, which shall be valid after the lessor confirms the stamp and shall be paid by the collection and payment method. When the supplier handles the collection and commitment, the shipper must be delivered or the charterer must submit the certificate. . The lessor pays the bill and owns the goods. If the problem occurs during transportation or other quality, shortage of goods, etc., the lessee is responsible for contacting the supplier, and the lessor does not participate in any economic responsibility.

2. After the leased property arrives at the place of use, the lessee shall be responsible for the acceptance within 30 days, and the acceptance receipt of the leased property after the receipt and seal shall be submitted in duplicate to the lessor.

3. If the lessee fails to accept the inspection as specified in the preceding paragraph, the lessor is deemed to have completed the acceptance of the lease by the lessee, and the lessee has deemed that the lessee has delivered the acceptance receipt of the lease to the lessor.

4. If the lessee finds that the lease item is inconsistent, unfavorable or defective due to the seller’s liability due to the seller’s liability, the lessee will directly deal with the seller and immediately notify the above in writing. The lessor. If the seller delays delivery, it is directly borne by the lessee.

5. The lessor shall notify the lessee of the contract number, product name specification, number of pieces, gross weight, net weight, total invoice value, cargo ship name, estimated arrival time and destination port after shipment to pick up the goods. At the same time, the following documents must be aired to the lessee:

a. Original bill of lading _________ copies;

b. Invoice _________ copies;

c. Shipment order _________ copies;

d. _________ copies of the quality and quantity of the equipment rented by the manufacturer of the lessor.

6. After the goods arrive _________ days, the lessee must entrust the _________ inspection agency to inspect the rented goods. If the quality, specifications, quantity, etc. are inconsistent with the contract, the lessee has the right to file a claim with the lessor within _________ days of the goods, or require the lessor to replace the unqualified parts at the expense of machine.

Article 7 Loss and Damage of Leases

1. During the term of this contract, the lessee bears the risk of losing or destroying the lease item.

2. If the lease item is lost or damaged, the lessee shall immediately notify the lessor, and the lessor may choose one of the following methods, and the lessee shall be responsible for handling and paying all expenses.

a. Restore or repair the lease to a state where it can be used normally.

b. Replace items with the same status and performance as the lease item.

3. If the lease item is lost or damaged to the extent that it cannot be repaired, the lessee shall compensate the lessor for the amount of damages recorded in the “Notice of Actual Rentals”. When the lessee pays the amount of the damages and other payables to the lessor, it shall be handled according to the agreement of both parties.

Article 8 Insurance

1. Starting from the date of the repayment period, the lessor shall handle the necessary insurance at the price of the purchase contract _________ and the currency stipulated in this contract; the insurance shall include the third party liability insurance and shall continue to be valid during the term of the lease. The premium is paid by the lessee and is included in the actual cost.

2. The leased property shall be insured by the lessor from the date of installation or use of the lessee to the People's Insurance Company of China to cover the risk of damage to the leased property caused by natural disasters.

3. During the lease period, if an insurance accident occurs, the lessee shall immediately notify the lessor and the branch of the People's Insurance Company of China in the local branch, and provide the lessor with the inspection report and relevant information, and the claimant shall claim with 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 is borne by the lessee. The amount payable by the lessee to the lessor may be deducted from the insurance compensation.

4. When the insurance premium is insufficient to pay the above amount, it is supplemented by B.

Article 9 Rights and Obligations of Leases

1. During the lease term, the ownership of the lease item listed in the Schedule to the Contract is the lessor, and the lessee has only the right to use the lease item. The lessee shall not sell, transfer, sublease, sublet, mortgage, invest or take any other infringement of the ownership of the leased property during the lease term.

2. The lease item is used by the lessee during the lease period, and the lessee is obliged to protect the lease item reasonably and appropriately, and for the lease item caused by the third party’s acts of negligence or negligence of the charterer or by the charterer. Loss or damage is liable for compensation.

3. Within ____________ months after the equipment arrives at the factory, the lessor will send _________ technicians to _________ to guide the installation of the rented equipment, and then train the lesson's technicians and workers so that they can master the operation, repair and The technology to maintain the equipment you rent. In this case, the lessee agrees to pay each person a monthly salary of _________ yuan; all other expenses are borne by the lessor.

4. In order to ensure the normal use and operation of the leased property, the lessee is responsible for the normal and timely repair and maintenance of the leased property according to the technical requirements. The costs incurred for repairs and maintenance are paid by the lessee. During the lease term, the leaser shall be responsible for any accidents arising from the manufacture or use, and the lessee shall not be exempt from the obligation to pay the rent to the lessor.

5. The lessor has the right to inspect the use of the leased property, and the lessee should provide convenience for the lessor's work. During the lease term, the lessee shall provide the lessor with the financial statements of the lessee semi-annually and report the operation to the lessor.

6. The lessor should provide the lessee with raw materials, fuel and components at a preferential price.

7. During the term of the lease, the lessee shall not express or imply any ownership or disposition of the leased property in any form. If the lessee is insolvent due to debt disputes or legally during this period, the lessee shall apply to the court, creditor or liquidation committee for the leasehold property. If you do not have ownership, you may not use the lease to fill the litigation bond or pay off the debt, and you must report the lessor in a timely manner.

8. After the lease expires, the lease of this contract is processed:

a. Retention: The lessor agrees to sell the lease item to the lessee at the purchase price listed in the contract schedule. The purchase price is paid together with the last rent. After the actual rent and the purchase price and the tax, interest or deferred interest and fine interest increased in the case of the third clause of the contract, the lessor transfers the ownership of the lease to the lessee.

b. Renewal: The lessor agrees that the lessee renews the lease of the contract, and the lease conditions such as the lease renewal period, the rent amount, and the rental payment date are determined by the parties within three months before the expiration of the contract, and are further negotiated. Rent contract.

Article 10 Rights and obligations of the lessor

1. The lessor has the ownership of the lease. If the lessee is insolvent, the leased property does not belong to the bankruptcy property.

2. If the lease item does not conform to the contract or does not meet the purpose of use, the lessor shall not be liable, except that the lessee relies on the lessor's skill to determine the lease item or the lessor intervenes to select the lease item.

3. The lessor shall guarantee the tenant's possession and use of the leased property.

4. The lessor shall not be liable for any personal injury or property damage caused by the leased property during the period when the lessee occupies the lease item.

5. Upon expiration of the lease term, there is no agreement on the vesting of the leased property or the agreement is not clear, and the ownership of the leased property belongs to the lessor.

6. When the charterer goes bankrupt, the lessor can take back the lease item; or the court that accepts the bankruptcy case can auction the lease item and use the proceeds from the auction to pay off the debt owed by the lessee to the lessor.

7. After the lessor has failed to fully repay the debtor after attending the bankruptcy settlement of the lessee, the lessor may recover the claim from the insufficient part.

8. If the lessor decides not to participate in the lessee's bankruptcy procedure, it shall promptly notify the lessee's guarantor that the guarantor may declare the creditor's right to participate in the bankruptcy distribution.

9. The seller’s claim for the quality and quantity of the leased property, such as the lessor’s fault, does not affect the lessor’s right to collect rent from the lessee.

Article 11 Rights and Obligations of the Lessee

1. The lessee shall properly keep and use the leased property.

2. The lessee shall perform the maintenance obligation during the period of possession of the lease item.

3. The lessee shall perform the maintenance obligation during the period of possession of the lease item.

4. The parties agree that the lease item expires during the lease period and the lessee has paid the majority of the rent, but is unable to pay the remaining rent. If the lessor cancels the lease to recover the lease item, the value of the leased property recovered exceeds the rent owed by the lessee and For other expenses, the lessee may request partial refund.

5. The lessee may not collude with the seller maliciously to defraud the lessor's funds.

Article 12 Liability for breach of contract

1. If the lessor fails to perform the obligations stipulated in this contract, causing the seller to deliver the lease overdue, the interest incurred by the lessor in the period of overdue payment shall be borne by the lessor.

2. If the lessee does not pay the rent or violates other provisions of this contract, the lessor has the right to require the lessee to pay the rent and other expenses immediately, or to recover the leased property for disposal. The proceeds are paid as the rent payable by the lessee and the interest is delayed. Compensation by the lessee. Although the lessor takes the aforementioned measures, it does not exempt the lessee from other obligations under this contract.

3. If the lease is invalid due to the fault of the lessee, and the lessor does not require the return of the leased property, the leased property may not be returned, but the lessee shall compensate the loss caused by the fault to the lessor;

4. If the contractor is invalid due to the fault of the lessor, if the lessee requests to return the leased property, the leased property may be returned. If there is any loss, the lessor shall compensate the corresponding loss;

5. If the contract is invalid due to the common fault of the lessor and the lessee, the leased property may be returned, and the corresponding loss and liability shall be borne according to the fault size.

6. During the period of validity of the financial lease contract, if the lessor illegally interferes with the normal use of the leased property by the lessee or arbitrarily retrieves the leased property, and causes the loss of the lessee, the lessor shall be liable for compensation.

7. Before the lease contract is fulfilled, the lessee will mortgage, transfer, sublease or invest in the lease without the consent of the lessor. The act is invalid, the lessor has the right to recover the leased property, and the lessee is required to compensate the loss. If the lessee’s invalid behavior causes losses to a third party, the third party has the right to claim compensation from the lessee.

Article 13 Transfer and Mortgage of Lessor's Rights

During the term of the contract, the lessor has the right to transfer the contract to the third party for all or part of the rights of the lessor, or to provide the lease item as collateral, but shall not affect the rights and obligations of the lessee under this contract.

Article 14 Transfer of ownership of leaseholds

After the lessee pays the renter and other money to the lessor and pays the lessor the residual value of the leased property _________ yuan, the lessor issues a certificate of ownership transfer of the leased property to the lessee, and the ownership of the leased property is Transferred to the tenant.

Article 15 Declaration and Guarantee

Lessor:

1. The lessor is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.

2. All procedures required for the lessor to sign and perform this contract have been completed and legally valid.

3. At the time of signing this contract, no court, arbitral, administrative or regulatory agency has made any judgment, ruling, ruling or specific administrative action that would have a material adverse effect on the lessor's performance of this contract.

4. The lessor's internal authorization procedures required to sign this contract have been completed and the signatory of this contract is the legal representative or authorized representative of the lessor. After the contract comes into effect, it will be legally binding on both parties to the contract.

lessee:

1. The lessee is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.

2. All the procedures required by the lessee to sign and perform this contract have been completed and are legal and valid.

3. At the time of signing this contract, no court, arbitral institution, administrative agency or regulatory body has made any judgment, ruling, ruling or specific administrative action that would have a material adverse effect on the performance of this contract by the lessee.

4. The internal authorization procedures required by the lessee to sign this contract have been completed and the signatory of this contract is the legal representative or authorized representative of the lessee. After the contract comes into effect, it will be legally binding on both parties to the contract.

Article 16 Confidentiality

Both parties undertake to keep confidential the trade secrets obtained from the other party and not available from public sources. A party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the trade secret. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. The period of confidentiality is ___ years.

If a party violates the above-mentioned confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby.

Article 17 Force Majeure

The term "force majeure" as used in this contract refers to objective events that cannot be foreseen, cannot be overcome, and cannot be avoided and have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as war, turmoil, government. Behavior, etc.

In the event that the contract cannot be performed due to the occurrence of a force majeure event, the party facing the force majeure shall immediately inform the other party in writing of the accident, and shall provide the details of the accident and the written information that the contract cannot be performed or needs to be extended within _________ days. After the two parties have approved, they will terminate the contract or temporarily delay the performance of the contract.

Article 18 Notice

1. All notices required to be issued under this contract, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and may 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 corresponding liability arising therefrom.

Article 19 Treatment of Disputes

1. This contract is governed by and construed in accordance with the laws of _________.

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:

a. Submit to the _________ Arbitration Commission for arbitration;

b. Prosecuted to the people's court according to law.

Article 20 Interpretation

The understanding and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.

Article 21 Supplementary and Attached Files

If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, the parties may reach a written supplementary agreement. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.

Article 22: Contract validity

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 their official seals. Valid for _____ years, from ______ years ______ months ________ days to _____ years _________ months _________ days. This contract is written in both Chinese and English, and both have the same effect. The original form is _________, each party holds _________ copies, and has the same legal effect; a copy of the contract _________ copies, and _________ is kept.

Lessor: _________ Tenant: ______

Legal representative: _____ Legal representative: _____

Guarantor: _________ Legal representative: _____

_________Year _____________________________________________________

Signing location: _______________ Signing location: _______________