Fan Wen Daquan > Contract Model > Finance Lease Contract Model

Contract model: financing lease contract


Lessor: ________________________

address:__________________________________

postcode:__________________________________

phone:__________________________________

Legal representative: ____________________________

Position: __________________________________

lessee:________________________

address:__________________________________

postcode:__________________________________

phone:__________________________________

Legal representative: ____________________________

Position: __________________________________

Party A and Party B voluntarily signed this financial lease contract in accordance with the provisions of the Contract Law of the People's Republic of China.

Once this contract is signed, it is legally binding on both parties.

First lease name

Leases refer to the technical equipment selected by Party B for the purpose of renting and retaining, and the purchase contract under Party No.

Article 2 Purchase of leaseholds

1. Party B leases the lease item to Party A for the purpose of renting or retaining the purchase, and Party A shall purchase the lease item for financing according to the above purpose of Party B.

2. Party B shall provide Party A with various approval files and guarantee letters as deemed necessary by Party A.

3. Party B selects the lease item and the seller and manufacturer according to their own needs, and has always participated in the order negotiation with Party A; under the auspices of Party A, Party B and the seller agree with the seller on the name, specification, model, quantity, quality and technical standard of the lease item. Technical service and equipment quality assurance and other technical equipment clauses in the purchase contract; Party A and the seller and the seller jointly agree on the terms of the purchase, such as the price, delivery date, payment method, etc.; Party A is the main sign of the buyer, and Party B is the lessee. Identity Attachment No. Purchase Contract.

4. Party A shall be responsible for raising the funds required for the purchase of the leased property, and handling the import license in accordance with the purchase contract, and fulfilling the obligations of paying the deposit, opening the letter of credit, chartering the ship, insuring, and clearing.

5. Party B shall bear the customs duties, other taxes and the domestic fees for the bank to open the letter of credit for the purchase of the leased property. Party A shall prepay the bank issuing fee, and Party B shall, within the date specified by Party A, pay the amount and interest payable to Party A. The RMB interest-bearing method is handled in accordance with the regulations of the People's Bank of China.

Article 3 Delivery of Leases

1. After Party A pays the purchase price and obtains the bill of lading, it will send the bill of lading to Party B to complete the delivery to Party B. Party B shall receive the goods at the port of arrival with a voucher. Party B shall not refuse the goods for any reason.

2. After the leased property reaches the cargo port, Party A's transport agent or Party B shall handle the customs declaration and delivery procedures. After the delivery, Party B shall be responsible for its own custodial duties. If Party B fails to pay the customs duties and other expenses in a timely manner or handles the loss caused by the delivery procedures, Party B shall bear the burden.

3. Party A shall not be liable for delays in delivery or non-delivery of the leased property caused by irresistible and delayed transportation, unloading, customs declaration, etc., which are not caused by Party A.

4. The leased property shall be inspected by Party B in accordance with the provisions of the purchase contract, and the results of the commodity inspection shall be notified to Party A in writing within 10 days after the commodity inspection.

5. If the seller delays delivery, the specifications, model, quantity, quality, technical standards, etc. of the leased goods are inconsistent with the contents of the purchase contract or the quality problem occurs during the purchase contract guarantee period, and the seller is responsible for the purchase contract. Party B shall not pursue it from Party A.

6. If Party B suffers damages as a result of the preceding paragraph, Party B shall provide relevant evidence and a claim or arbitration plan. Party A shall claim or file arbitration with the seller according to the requirements of Party B. The claim, the result of the arbitration and all expenses incurred shall be borne by Party B.

7. No matter what happens above, Party B will not be exempted from the obligation to pay rent on schedule.

Article 4 Term of the contract and term of the lease

1. The term of this contract means the date from the date of entry into force of this contract until Party A receives all the rents and all payments from Party B and issues the certificate of ownership transfer of the leased property.

2. The term of the lease term refers to the date from the date of the lease term to the date of the last rent payable.

Article 5 Rent

1. Party A shall purchase the leased property for Party B's financing, and Party B shall lease the leased item to pay Party A's rent.

2. The rent is the sum of the cost of the purchase of the lease and the lease fee.

The cost is the sum of the fees paid by Party A for Party B's purchase of the leased property and Party B's delivery, freight, insurance and the costs agreed by both parties to calculate the cost and the pre-leasing interest.

The rental rate for calculating the rent consists of the international financial market floating interest rate and financing handling fee, the risk rate and the reasonable interest rate that Party A deserves. The lease rate determined on the date of signing this contract is the tentative rental rate for this contract. The lease rate determined on the date of opening the letter of credit is the fixed lease rate of the contract, which is fixed during the lease term, and the foreign exchange interest method is handled in accordance with the regulations of the Bank of China.

3. The "Rental Estimate" is the financial budget statement for the signing of this contract between Party A and Party B. The rent is calculated based on the estimated cost and the provisional rental rate, which is temporary. The tentative rental rate for this contract is ____ / year.

4. The "Actual Payroll Notice" is the basis for Party B's repayment of Party A's rent, based on the actual cost and the fixed lease rate within the lease term. When calculating the actual cost, if the currency of the payment by Party A is different from the currency of this contract, it shall be calculated according to the currency of the contractual contract at the exchange rate actually exchanged by Party A. Pre-lease interest is calculated at a fixed rental rate.

5. After the actual costing is completed, Party A will issue Party B with the “Notice of Actual Rentals Payable”. In addition to the calculation error, Party B agrees to pay the rent to Party A by the date, amount, currency, etc. stated in the notice, regardless of whether the leased item is used or not.

6. If Party B repays the rent in advance, it must negotiate with Party A 30 days in advance, and Party A can agree to repay the rent in advance, subject to a two-month interest.

If Party B fails to pay the rent on time, it shall pay the delay interest, and the deferred payment shall be calculated at 130% of the original fixed lease rate within one month; after one month, the penalty of five-thousandths of the amount of the rent shall be added for each more than one day.

Article 6 Service Fees and Margin

1. Party B shall deliver ________ yuan to Party A within 15 days after the date of signing the contract, as the service fee paid to Party A.

2. Party B shall deliver Party A's deposit within 15 days after the date of signing the purchase contract in accordance with the provisions of the “Rental Estimate”. The deposit is not subject to interest and is automatically paid in full or in part during the first period of the rent.

3. If Party B fails to pay the deposit and service fee in time, the Party B shall be responsible for the loss caused by the failure to execute the purchase contract.

Article 7 Ownership and use rights of leaseholds

1. During the term of this contract, the ownership of the leased property belongs to Party A. Party B shall not transfer, sublease, mortgage the leased property or invest it in a third party or any other infringement of the ownership of the leased property, or remove the leased property from the Rent Estimate, unless Party A's written consent is obtained. The setting place described in the above is allowed to be used by others.

2. During the term of this contract, the right to use the leased property belongs to Party B. If any third party claims any rights to the leased property due to Party A's reasons, Party A shall be responsible. The right to use Party B shall not be affected as a result.

3. During the term of this contract, Party B shall be responsible for the repair, maintenance and payment of the entire cost of the leased property. Party A has the right to inspect the use and maintenance of the leased property when it deems it appropriate, and Party B shall provide convenience to Party A's inspection. If necessary, the lease maintenance contract shall be signed by Party B with the seller or the original manufacturer, or Party A may sign with the seller or the original manufacturer on behalf of Party B, or Party A may sign with the seller or the original manufacturer on behalf of Party B. If you need to replace the parts of the leased item, you can only replace it with the parts provided by the original manufacturer without the written consent of Party A.

4. Party B shall bear all expenses and taxes incurred as a result of the leased property itself and the delivery, storage, use and rental of the lease.

5. Party B shall be liable for damages caused by the leased property itself and its establishment, storage, use and other reasons.

Article 8 Loss and Damage of Leases

1. During the term of this contract, Party B shall bear the risk of loss or damage to the leased property.

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

1Recover or repair the leased item to a state in which it can be used normally;

2 Replace the items with the same status and performance as the rental item.

3. If the lease item is lost or damaged to the extent that it cannot be repaired, Party B shall compensate Party A according to the amount of damages recorded in the “Notice of Actual Rental”. When Party B pays the amount of damages and other payables to Party A, it shall be handled in accordance with Article 13 of this contract.

Article 9 Insurance

1. Starting from the date of the repayment period, Party A shall insure the property insurance for the leased property at the CIF price of the purchase contract and the currency stipulated in this contract, and shall continue to be valid during the term of the lease. The insurance premium shall be borne by Party B and included in the actual cost.

2. After the accident, Party B shall immediately notify Party A and provide all necessary files for Party A to receive the insurance premium.

3. The insurance premium that Party A will obtain shall be handled in accordance with one of the following principles agreed with Party B:

1 payment as a fee for Article 8, paragraph 2, item 1 or 2;

2 As Article 8, paragraph 3, and other amounts payable by Party B to Party A.

When the insurance premium is insufficient to pay for one of the above, it is supplemented by B.

Article 10 Violation of this contract

1. If Party A fails to perform the obligations stipulated in Article 4, paragraph 4 of this contract, causing the seller to deliver the lease item within the time limit, Party A shall bear the interest incurred by Party A in the period of overdue payment.

2. If Party B does not pay the rent or violates other terms of this contract, Party A has the right to request Party B to pay the rent and other expenses in real time, or recover the leased property for disposal. The proceeds are used to pay the rent and delay interest payable by Party B. The insufficient portion shall be compensated by Party B. . Although Party A takes the aforementioned measures, it does not exempt Party B from other obligations as stipulated in this contract.

Article 11 Transfer and Mortgage of Party A's Rights

During the term of this contract, Party A has the right to transfer all or part of the rights of Party A to Party A, or provide the lease item as collateral, but shall not affect Party B's rights and obligations under this contract.

Article 12 Treatment of major accidents

1. If Party B closes, suspends production, merges, separates, goes bankrupt, etc., Party B shall immediately notify Party A, and Party A may immediately take the measures stipulated in Article 10 of this contract.

2. Changes in the legal address and legal representative of Party B and the guarantor shall not affect the execution of this contract, but Party B and the guarantor shall immediately notify Party A in writing.

Article 13 Transfer of ownership of leaseholds

Party B shall pay Party A all the rent and other payments, and then pay Party A the residual value of the leased property ____ yuan. Party A shall issue the certificate of ownership transfer of the leased property to Party B, and the ownership of the leased property shall be transferred to Party B.

Article 14 Guarantee

Party B entrusts the guarantor of Party B as the contract, and the guarantor issues an irrevocable rent guarantee letter to Party A. See Attachment 2 of this contract for details.

Party B is responsible for transferring a copy of this contract to the guarantor.

Article 15 Settlement of disputes

All disputes concerning this contract shall be settled first and foremost by Party A and Party B according to the contents of this contract. If the negotiation cannot be resolved, the following methods shall be adopted:

1. Arbitration to the ____ City Contract Arbitration Commission;

2. File a lawsuit with the ____ City People's Court.

Article 16 Modification and supplement of the contract

Any modification, addition or modification of this contract shall be effective in writing by the legal representatives of both parties or authorized agents, and shall be equivalent to the original contract as an integral part of this contract.

Article 17 Ancillary files essential to this contract

1. Financial lease power of attorney

2. Irrevocable rent guarantee letter

3. Purchase contract

4. Rent estimate

5. Actual Notice of Rent Payable

6. Approved files and supporting materials provided by Party B

Article 18 Entry into force of this contract

This contract shall become effective upon signature by the legal representative of both parties, or the authorized agent authorized by it. This contract is officially in duplicate, and each party holds a copy.

Party A: _____________________

Representative: ___________________

_________year month day

Party B: _____________________

Representative: ___________________

_________year month day

recommended article

popular articles