Contract model: financing lease contract

Contract number: _________

Lessor: _________

address:_________

phone:_________

fax:_________

Bank account number: _________

lessee:_________

address:_________

phone:_________

fax:_________

Bank account number: _________

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 contract description

Party A shall, according to the needs and entrustment of Party B, purchase the leased items specified in Article 2 and lease them to Party B in accordance with the requirements of the name, quality, specifications, quantity and amount of the leased property provided by Party B, and lease by Party B.

Second lease item

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

Article 3 The delivery, acceptance, delivery location and place of use of the leased property.

1. The leased property shall be delivered directly by the supplier to the designated delivery place of Party B and delivered to Party B.

2. After the leased property arrives at the installation or use location, Party B shall inspect the leased item within ______ days and hand over the acceptance receipt of the sealed leased item to Party A.

3. If Party B fails to deliver the acceptance receipt to Party A within _________ days, it shall be deemed that the leased item has been completed and accepted by Party B in full and in good condition, and Party B has deemed that Party B has delivered the acceptance receipt of the leased item to Party A. square.

4. If Party B finds that the quality, specifications and quantity of the leased item are inconsistent, unfavorable or defective during the acceptance, the seller shall obtain the commodity inspection certificate from the commodity inspection department within _________ days after receiving the goods and immediately report the above situation. Party A shall notify Party A in writing, and Party A shall assist Party B to make representations and handle claims in accordance with the relevant provisions stipulated in the purchase contract signed with the supplier.

Article 4 The term of the lease is _________ years, counting from the date of acceptance of the equipment by Party B.

Article 5 The total rent is _________ yuan, and the rent is calculated from the date when Party B accepts the rented equipment. During the lease term, the monthly rent is _________ yuan, which should be submitted to the bank account of _________ bank before the monthly _________.

Neither party may request additional rent or rent reduction during the lease period. If Party B fails to pay the rent on time, Party A shall pay Party A _________% of the long-term loan interest rate as a penalty.

Within _________ months after signing the contract, Party B shall submit to Party A a letter of guarantee issued by Bank of China to guarantee Party B to pay the lease in accordance with the contract.

Article 6 Guarantee of rent

1. Upon the signing of this contract, Party B shall pay Party A the amount of _________ yuan agreed by both parties as a guarantee for the performance of this contract.

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

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 lease deposit.

2. Party B entrusts _________ to be the economic guarantor of Party B, and assumes joint liability.

Article 7 Purchase, delivery and acceptance of leased items

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

a. According to the relevant trade regulations, Party A agrees that Party B shall sign or entrust an agent to sign the contract for the leased item, and Party B or its entrusted agent shall bear all obligations to the contract. Party A shall not be liable for any consequences arising from the performance of the contract and the quality of the leased items. The original invoice and the copy of the contract and a copy of the power of attorney shall be deposited with Party A.

b. After the leased item is determined by Party A and Party B, the purchase contract is signed by Party A. As the representative of Party A, Party B is responsible for handling all problems in the process of fulfilling the purchase contract and undertaking the economic responsibility caused by Party B’s negligence in the performance of this contract.

c. Party B and the supplier shall sign the contract for the purchase of the goods, which shall be effective after Party A confirms the seal and shall be paid by the collection and payment method. When the supplier handles the collection and commitment, it shall deliver the railway waybill or Party B's self-provided certificate. Party A will pay after the bill and will take ownership of the goods. If there is a problem in transportation or other quality, shortage of goods, etc., Party B shall be responsible for contacting the supplier, and Party A shall not participate or bear any financial responsibility.

2. After the leased item arrives at the place of use, Party B shall be responsible for acceptance within 30 days, and at the same time, the acceptance receipt of the leased item after receipt and seal shall be submitted to Party A in duplicate.

3. If Party B fails to accept the inspection according to the time specified in the preceding paragraph, Party A shall consider that the leased item has been inspected and completed 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 in the acceptance of the leased article that the type, specification, quantity and technical performance of the leased item are inconsistent, unfavorable or defective due to the seller’s responsibility, Party B shall directly deal with the seller and immediately notify the party in writing of the above situation. . If the seller delays delivery, Party B will directly urge it.

5. Party A shall notify Party B of the receipt 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. At the same time, we must also send the following documents to Party B:

a. Original bill of lading _________ copies;

b. Invoice _________ copies;

c. Shipment order _________ copies;

d. The quality and quantity verification of the equipment rented by the manufacturer of Party A is _________.

6. After the goods arrive _________ days, Party B shall entrust the ____________ inspection agency to inspect the rented goods. If the quality, specifications, quantity, etc. are inconsistent with the contract, Party B shall have the right to file a claim with Party A within _________ days of the inspection of the inspection agency; or Party A shall promptly replace the unqualified parts or machine at its own expense. .

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.

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, 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, Party B shall proceed according to the agreement of both parties.

Article 9 Insurance

1. Starting from the date of the repayment period, Party A shall carry out 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 insurance premium shall be borne by Party B and included in the actual cost.

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 that should be paid by Party B to Party A can be reduced or exempted from the insurance compensation.

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

Article 10 Rights and Obligations of Leased Objects

1. During the lease term, the ownership of the leased items listed in the Schedule to the Contract shall belong to Party A, and Party B shall only have the right to use the leased items. Party B 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 leased item shall be used by Party B during the lease term, and Party B shall be obliged to protect the leased item reasonably and appropriately, and shall lose or damage the leased item caused by Party B’s own negligence or negligence or any third party’s actions that Party B can prevent. Have the obligation to pay compensation.

3. Within ____________ months after the equipment arrives at the factory, Party A shall send _________ technicians to _________ to guide the installation of the rented equipment, and then train the technicians and workers of Party B to enable them to master the operation, repair and maintenance. The technology of the equipment rented. In this case, Party B agrees to pay each person a monthly salary of _________ yuan; all other expenses are borne by Party A.

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

5. Party A has the right to inspect the use of the leased items, and Party B shall provide convenience for Party A's work. During the lease term, Party B shall provide Party A with Party B's financial statements every six months and report the operation to Party A.

6. Party A shall provide Party B with raw materials, fuels and components at a preferential price.

7. During the lease term, Party B shall not express or imply any ownership or disposition of the leased item in any form. If Party B is insolvent due to debt dispute or legal bankruptcy during this period, Party B shall apply to the court, creditor or liquidation committee for no ownership of the leased item. It is also not allowed to use the leased item to fill the litigation bond or pay off the debt, and must report to Party A in time.

8. After the lease expires, the leased items of this contract are processed:

a. Retention: Party A agrees to sell the leased item to Party B at the price of the purchase price listed in the Schedule to the Contract. The purchase price is paid together with the last rent. After all the actual rent and the purchase price and the increase of the tax, interest or deferred interest and fine interest in the case of the third clause of the contract, Party A shall transfer the ownership of the leased item to Party B.

b. Renewal: Party A agrees that Party B will renew the leased item of the contract, and the lease conditions such as renewal lease, rent amount and rent payment date shall be negotiated and determined by Party A and Party B within three months before the expiration of the contract, and shall be further revised. Rent contract.

Article 11 Violation of this contract

1. If Party A fails to perform the obligations stipulated in this contract, causing the seller to deliver the lease item overdue, 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 12 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 13 Transfer of ownership of leaseholds

Party B shall pay Party A all the rent and other funds, 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 Declaration and Guarantee

Party A:

1. Party A 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 for Party A to sign and perform this contract have been completed and legally valid.

3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party A to have a material adverse effect on the performance of this contract.

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

Party B:

1. Party B 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 for Party B 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 organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party B to have a material adverse effect on the performance of this contract.

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

Article 15 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 16 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 17 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 18 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 19 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 20 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, Party A and Party B 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 21: Contract effectiveness

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: ______

_________Year ____________________________________________

Place of signing: _________ Signing location: _________