Government open tender contract

Contract number:

project name:

item name:

buyer:

Seller:

Date of signing:

Contract

The required bidding documents are tendered in China. It was assessed as the winning bidder by the bid evaluation committee. Both the buyer and the seller shall, on the basis of equality and voluntariness, agree to sign this contract in accordance with the following terms and conditions in accordance with the "People's Republic of China Government Procurement Law" and the "Contract Law of the People's Republic of China".

1. Contract files The following files constitute an integral part of this contract and should be considered as a whole, explaining each other and complementing each other. The order of priority of the multiple files that make up the contract is as follows:

a. This contract

b. Notice of winning the bid

c. Agreement

d. Bidding file

e. Bidding file

2. Goods and quantities of this contract:

Quantity:

3. The total price of the contract The total price of the contract is RMB.

Item price:

4. Payment method The payment method of this contract is:

5. Delivery time and delivery time of the goods in this contract:

trading locations:

6. The contract takes effect.

This contract shall become effective upon signing by the plenipotentiaries of both parties, affixing the seal of the unit and submitting the performance bond by the seller.

Buyer: Seller:

Name: Name:

Year, month, day, month, day

Authorized representative: Authorized representative:

Address: Address:

Postal Code: Postal Code:

Phone: Phone:

Bank of deposit: Organization code:

Bank of deposit:

Account number: Account number:

account number:

General terms of the contract

1 Definitions The following terms in this contract should be interpreted as:

1.1 “Contract” means the agreement between the buyer and the seller signed by the buyer and the seller and stated in the contractual form, including all subsidiary files, appendices and other files that constitute the contract.

1.2 “Contract price” means the price that the buyer pays to the seller after the seller has fully performed the contractual obligations in accordance with the contractual agreement.

1.3 “Goods” means all equipment, machinery, instruments and spare parts that the seller must provide to the buyer in accordance with the contract, including tools, manuals and other relevant materials. “Service” means the seller's ancillary services related to the supply, such as transportation, insurance and installation, commissioning, provision of technical assistance, training and other similar services, in accordance with the contract.

1.5 “Buyer” means the unit that signs the supply contract with the winning bidder.

1.6 “Seller” means the successful bidder who provides the goods and related services in accordance with the contract.

1.7 “Site” means the place where the contract is to be shipped and installed.

1.8 “Acceptance” means the activities of the parties to the contract in accordance with the mandatory national technical quality norms and contractual agreements to confirm that the goods under the contract meet the contractual requirements.

2 Technical specifications

2.1 The technical specifications for the submission of the goods shall be consistent with the technical specifications and technical specifications of the sub-files specified in the bidding documents and the technical specification deviation tables of the bidding files. If there is no corresponding description in the technical specifications, the corresponding standards and specifications promulgated by the relevant state departments shall prevail.

3 Intellectual property rights

3.1 The seller shall ensure that the buyer is not subject to the infringement of patents, copyrights, trademarks and industrial design rights by third parties when using the goods or any part thereof. If any third party files an allegation of infringement, the seller must negotiate with the third party and assume all liability, costs and financial damages incurred.

4 Packaging requirements

4.1 Unless otherwise agreed in the contract, all goods provided by the seller shall be packaged in a manner common to the industry, and the packaging shall comply with the national laws and regulations on packaging. The packaging should be suitable for long-distance transportation, moisture-proof, shock-proof, rust-proof and rough handling, ensuring that the goods are safe and non-destructive and delivered to the site. The rust, damage and loss of the goods caused by poor packaging are borne by the seller.

4.2 A detailed packing list and quality certificate shall be attached to each package.

5 shipping mark

5.1. The seller shall make the following markings in bold Chinese characters on the four sides of each box with a non-fading paint:

Receiver:

Contract number:

Shipping mark:

Consignee code:

destination:

Cargo name, item number and box number:

Gross weight / net weight:

size:

5.2 If the weight of a single piece of goods is 2 tons or more, the seller shall mark the “center of gravity” and “hoisting point” on both sides of each box with Chinese and appropriate transportation marks for loading and unloading and handling. Depending on the characteristics of the goods and the different requirements of the transportation, the seller shall clearly indicate on the packing box the words “careful and light”, “moisture-proof” and “not to be inverted” and other appropriate signs.

6 Delivery method

6.1 The delivery method is generally one of the following, as specified in the special terms of the contract.

6.1.1 On-site delivery: The seller is responsible for handling the transportation and insurance and delivering the goods to the site. All costs related to transportation and insurance are borne by the seller. The date of delivery of all goods to the site is the delivery date.

6.1.2 Factory Delivery: The seller is responsible for handling transportation and insurance matters. Shipping and insurance costs are borne by the buyer. The date the receipt is issued by the transportation department is the delivery date.

6.1.3 Buyer's self-lifting of goods: The buyer shall pick up the goods by himself at the place specified in the contract. The date of the bill of lading is the date of delivery.

6.2 The seller shall notify the buyer of the contract number, the name of the goods, the quantity, the number of packages, the total gross weight, the total volume and the scheduled delivery date by telegram or fax before the delivery date specified in the contract. At the same time, the seller applies the registered letter to the detailed delivery list in six copies including the contract number, the name of the goods, the specification, the quantity, the total gross weight, the total volume, the number of packages and the size of each package, the total price of the goods and ready for delivery. The date and the special requirements and precautions for the shipment and storage of the goods are notified to the buyer.

6.3 Under the conditions of on-site delivery and factory delivery, the goods shipped by the seller shall not exceed the quantity or weight specified in the contract. Otherwise, the seller shall be responsible for all consequences caused by the overrun.

7 Shipping Notice

7.1 For goods under on-site delivery and factory delivery conditions, the seller shall notify the buyer that the goods are ready for shipment within 24 hours of the contract number, the name of the goods, the quantity, the gross weight, the total volume, the invoice amount, and the name of the means of transport. And the date of shipment, notify the buyer by telegram or fax.

7.2 If the above content is notified to the buyer by telegram or fax due to the delay of the seller, all losses caused by the seller shall be the responsibility of the seller.

8 insurance

8.1 If the goods are priced according to the on-site delivery method or factory delivery method, the seller shall handle “all risks” according to 110% of the invoice amount; if the goods are priced according to the buyer's self-supplied goods, the insurance shall be handled by the buyer.

9 terms of payment

9.1 For the payment terms, see Chapter 7 of the second volume, “Special Terms of Contract”.

10 Technical information

10.1 The technical information under the contract will be delivered in the following manner:

Within days after the contract takes effect, the seller shall send to the buyer a set of Chinese technical materials for each piece of equipment and instruments, such as catalogues, drawings, operating manuals, instructions for use, maintenance instructions and/or service manuals and schematics.

10.2 A complete set of the above information should be packaged and shipped with each shipment.

10.3 If the buyer confirms that the technical information provided by the seller is incomplete or lost during the transportation, the seller will send the information to the buyer free of charge within days after receiving the buyer's notice.

11 Quality Assurance

11.1 The seller shall ensure that the goods are brand new, unused and in full compliance with the requirements of the mandatory national technical quality specifications and the quality, specifications, performance and technical specifications specified in the contract.

11.2 The Seller shall ensure that the supplied goods are properly installed, functioning and maintained, and shall have the performance in accordance with the quality requirements and product specifications during their service life. Seller shall be liable for any deficiencies or malfunctions due to defects in design, workmanship or materials during the warranty period of the goods.

11.3 According to the inspection result of the buyer's own inspection results or the qualification of the relevant quality inspection organization, the quantity, quality and specification of the goods are found to be inconsistent with the contract; or during the quality assurance period, the goods are confirmed to have defects, including potential defects. The buyer shall notify the seller in writing as soon as possible, or by using materials that do not meet the requirements. The seller shall repair or replace defective goods or parts for free within days of receipt of the notice.

11.4 If the seller does not make up for the defect within days after receiving the notice, the buyer may take the necessary remedial measures, but the risks and expenses incurred will be borne by the seller.

11.5 Except as provided in the “Special Terms of Contract”, the warranty period for the goods under the contract is 12 months from the final acceptance of the goods.

12 Inspection and acceptance

12.1 Prior to delivery, the winning bidder shall conduct a detailed and comprehensive inspection of the quality, specifications, performance, quantity and weight of the goods, and issue a document proving that the goods comply with the contract. The file will be part of the application for payment documents, but inspections on quality, specifications, performance, quantity or weight should not be considered final.

12.2 After the goods arrive at the scene, the buyer shall organize the inspection and acceptance within the day, and make a memorandum of acceptance, sign the acceptance opinion and report it to the government procurement supervision and management department at the same level for the record.

12.3 The buyer has the right to dispatch supervisors during the manufacture of the goods, and the seller is obliged to facilitate the exercise of the rights by the buyer's supervisory personnel.

12.4 When the manufacturer conducts mechanical operation tests and performance tests on the supplied goods, the winning bidder must notify the buyer in advance.

13 Claim

13.1 If the quality, specification, quantity, weight, etc. of the goods do not conform to the contract, or if the goods are found to be defective within the quality assurance period specified in 11.5, including potential defects or the use of materials that do not meet the requirements, the buyer has the right to The inspection results of the authoritative quality inspection organization of the qualifications file a claim with the seller.

13.2 In the inspection period and quality assurance period specified in Articles 11 and 12 of the contract, if the seller is responsible for the buyer’s claim, the seller shall settle the claim in one or more of the following ways agreed by the buyer:

13.2.1 During the legal return period, the seller shall return the purchase price to the buyer in accordance with the contract and bear all losses and expenses incurred thereby, including interest, bank charges, freight, insurance, inspection fees, storage fees, Loading and unloading fees and other necessary expenses to protect the return of the goods. If the return period has been exceeded, but the seller agrees to return the goods, it can be handled according to the above methods, or negotiated by both parties.

13.2.2 Depending on the degree of inferiority of the goods, the extent of the damage and the amount of damage suffered by the buyer, the buyer and the seller agree to reduce the price of the goods, or the authorized department may assess the price, or the estimated price.

13.2.3 Replacement of defective parts or/and repairing defective parts with new parts, components or goods that meet the specifications, quality and performance requirements, the seller shall bear all costs and risks and bear all direct costs incurred by the buyer. At the same time, the seller shall extend the quality guarantee period of the repaired or replaced parts in accordance with the provisions of Article 11 of the contract.

13.3 If the seller does not respond within days after the buyer issues a notice of claim, the above claim shall be deemed to have been accepted by the seller. If the seller fails to resolve the claim in accordance with any method specified in Article 13.2 of this contract within a day after the buyer has filed the claim notice or the buyer agrees for a longer period of time, the buyer will deduct from the contract or from the performance bond guarantee issued by the seller. The amount of the claim back. If these amounts are insufficient to compensate for the amount claimed, the buyer has the right to make a compensation to the seller for the shortfall.

14 delayed delivery

14.1 The Seller shall deliver and provide the Services in accordance with the schedule specified by the Buyer in the “List of Goods Requirements and Technical Specifications”.

14.2 If the seller delays delivery without justifiable reasons, the buyer has the right to claim damages for the breach of contract or to terminate the contract.

14.3 In the process of performing the contract, if the seller encounters the situation that the delivery cannot be delivered on time and the service is provided, the buyer shall promptly notify the buyer in writing of the reasons for the failure to deliver on time and the expected delay. After the buyer receives the notice from the seller and considers that the reason is justified, the delivery time may be extended as appropriate.

15 Compensation for breach of contract

15.1 Except as provided in Article 16 of the contract, if the seller fails to deliver and provide the service at the time specified in the contract, the buyer may require the seller to pay liquidated damages. Liquidated damages are charged at 0.5% of the late delivery or undelivered service. However, the maximum amount of liquidated damages is 5% of the late delivery or the contract price of no service. It is calculated in 7 days a week and less than 7 days in a week. If the maximum limit is reached, the buyer has the right to terminate the contract.

16 force majeure

16.1 If either party encounters the force majeure imposed by law and causes the performance of the contract to be blocked, the time limit for performance of the contract shall be extended. The period of extension shall be equivalent to the time affected by force majeure.

16.2 The party affected by the accident shall notify the other party in writing as soon as possible after the occurrence of the force majeure accident, and deliver the certificate file issued by the relevant department to the other party within days after the accident.

16.3 Force majeure makes it necessary to change certain contents of the contract. The parties shall reach an agreement to further perform the contract within the day by negotiation. If the contract cannot be fulfilled due to force majeure, the contract shall be terminated.

17 Taxes

17.1 All taxes and fees related to this contract shall be governed by the relevant provisions of the laws of the People's Republic of China.

18 settlement of contract disputes

18.1 The dispute arising from the performance of the contract may be settled through friendly negotiation between the parties to the contract. If the settlement is not resolved within 15 days from the start of the negotiation, the parties shall submit the dispute to the government procurement office at the same level for mediation. If the mediation fails, it may apply to the Beijing Arbitration Commission for arbitration or file a lawsuit with the People's Court.

18.2 If the arbitral award is final, if one of the parties fails to perform the arbitral award within the stipulated time, the other party may apply to the people's court for enforcement.

18.3 Arbitration fees and litigation costs shall be borne by the losing party, unless otherwise determined by the arbitral institution or the court.

19 breach of contract

19.1 In the event of default by the seller, the buyer may, after being examined and approved by the government procurement supervision authority at the same level, issue a written notice to the seller to terminate the contract in part or in full. At the same time, the right to pursue the case against the seller is retained.

19.1.1 The seller fails to provide all or part of the goods within the time limit specified in the contract or within the time limit agreed by the buyer;

19.1.2 The seller failed to perform other major obligations under the contract;

19.1.3 The buyer believes that the seller has committed corruption and fraud during the performance of this contract.

19.1.3.1 “Corruption” and “fraud” are defined as follows:

19.1.3.1.1 “Corruption” means providing/giving/accepting or requesting anything of value to influence the buyer’s conduct during the signing and performance of the contract.

19.1.3.1.2 “Fraud behavior” refers to the act of damaging the interests of the buyer in order to influence the signing and performance of the contract and to falsely report the facts.

19.2 After the buyer cancels the contract in whole or in part in accordance with the provisions of Article 19.1 above, the buyer shall purchase the goods or services similar to the undelivered goods in accordance with the principle of good faith and the consent of the government procurement supervision and administration department. Additional expenses incurred similar to goods or services. If the contract is partially terminated, the seller shall continue to perform the unspent part of the contract.

20 bankruptcy termination contract

20.1 If the seller is insolvent or insolvent, the buyer may notify the seller in writing at any time after submitting the approval to the government procurement supervision department at the same level, and propose a termination contract without compensation to the seller. Termination of the contract will not prejudice or affect the buyer’s right to take or will take any action or remedy.

21 Transfer and subcontracting

21.1 Government procurement contracts cannot be transferred.

21.2 With the prior written consent of the buyer and the government procurement supervision department at the same level, the seller may subcontract the non-subjective and non-critical work under the contract to others. The person accepting the subcontract should have the corresponding qualifications and may not subcontract again. After subcontracting, the seller's responsibility and obligation to perform this contract cannot be dismissed, and the person accepting the subcontract and the seller jointly assume responsibility and obligations for the buyer.

22 Contract modification

22.1 neither the buyer nor the seller may change this contract without authorization, except where the contract continues to perform in a manner that would harm the public interest of the state and society. If it is necessary to make changes to the terms of the contract, both parties must jointly sign the written file as a supplement to the contract and report it to the government procurement supervision and management department at the same level for the record.

23 Notice

23.1 A notice from either party to this contract to the other party shall be transmitted in writing and the other party shall also confirm and transmit in writing to the other party's specific address.

24 unit of measurement

24.1 Except as otherwise provided in the technical specifications, the unit of measurement uses the national legal unit of measurement.

25 Applicable law

25.1 This contract shall be interpreted in accordance with the laws of the People's Republic of China.

26 Performance bond

26.1 The seller shall submit the performance bond of the total contract price to the buyer within the agreed time within the agreed period.

26.2 The performance bond is used to compensate the buyer for the loss suffered by the seller due to the seller’s inability to perform its contractual obligations.

26.3 The performance bond shall be in the currency of this contract and submitted in one of the following ways:

A. The bank that is acceptable to the purchaser and registered in the People's Republic of China, in the format provided by the bidding file, or in a format acceptable to other buyers.

B. Cheque, money order or cash.

26.4 If the seller fails to perform its obligations as specified in the contract, the buyer is entitled to compensation from the performance bond. Within thirty days after the end of the warranty period, the buyer will return the performance bond to the seller.

27 Contract entry into force and other

27.1 The content of the procurement contract of the government procurement project shall be determined on the basis of the bidding file and the bidding file, and shall not violate its substantive content. The purchase contract of the government procurement project shall be reported to the government procurement supervision department at the same level and relevant departments for the record within seven working days from the date of signing. The contract will become effective after the parties have signed and sealed the contract and the performance bond has been submitted by the seller.

27.2 This contract is in one piece and has the same legal effect. And each share.

The Beijing Municipal Government Procurement Office has one record and the Beijing Municipal Government Procurement Center has one file.