Domestic competitive bidding contract for the procurement of goods

1. definition

The following terms in this contract should be interpreted as:

A contract is an agreement between a buyer and a seller signed by the buyer and the seller and stated in the contractual form, including all subsidiary files, appendices and all files that constitute the contract.

The contract price refers to the price that the seller pays after fully fulfilling the contractual obligations according to the contract.

Goods means all equipment, machinery, instrument spare parts, tools, manuals and other technical and other materials that the seller must provide to the buyer in accordance with the contract.

Reporting means that the seller undertakes ancillary services related to the supply, such as transportation, insurance and other services, such as installation, commissioning, technical assistance, training and other similar obligations, in accordance with the contract.

The buyer means _________.

A seller is a company with legal personality that provides goods and services under the terms of the contract.

2. specifications

The technical specifications for the goods supplied and delivered shall be consistent with the technical specifications specified in the tender file and the accompanying technical specification reverberation tables.

3. patent

The seller shall protect the buyer from the use of the goods or any part thereof without the third party’s infringement of their patent, trademark and industrial design rights.

4. Packaging requirements

4.1 Unless otherwise stipulated in the contract, all goods provided by the seller shall be packaged in accordance with the standard protection measures. The package should be suitable for long-distance transportation, moisture-proof, shock-proof, rust-proof and rough handling, ensuring that the cargo is safely delivered to the site. The seller shall bear the rust, damage and loss of the goods caused by poor packaging.

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

5. Shantou

5.1 The seller shall mark the following words on the four sides of the first box with a non-fading paint in a striking Chinese character:

a. Receiver:_________;

b. Contract number: _________;

c. Shantou: _________;

d. Consignee code: _________;

e. destination:_________;

f. Name of the goods, item number and box number: _________;

g. Gross weight / net weight _________;

h. size:_________.

5.2 If the weight of a single piece of goods is 2 tons or more, the seller shall use appropriate transport markings on both sides of each box to indicate the key points and lifting points 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 such as caution, moisture, and inversion, and other appropriate signs.

6. Shipping conditions

6.1 In the case of foreign goods:

6.1.1 The seller shall notify the buyer of the contract number, the name of the goods, the quantity, the number of pieces, the gross gross weight, the total volume and the date of the ready for delivery by telegram or telex 30 days before the date of shipment specified by the contract. Apply a registered letter to the single item in six copies, including the contract number, the name, the specification, the quantity, the total volume, the size of each box, the unit price, the total price, the ready date of shipment, and the special requirements for the transportation and storage of the goods. Precautions, etc. are sent to the buyer.

6.1.2 The seller is responsible for arranging the transportation and delivery of the freight to ensure delivery in accordance with the contracted delivery date.

6.1.3 The seller shall notify the buyer of the name of the means of transport, date of loading, contract number, name of the goods, quantity, total weight and total volume by telegram or telex 7 days prior to the arrival of the chartered transport.

6.1.4 The date of the order should be the actual delivery date.

6.2 If it is domestic goods:

6.2.1 The seller shall notify the buyer of the contract number, the name of the goods, the quantity, the package number, the total gross volume, the total volume and the date of the preparation for the loan by telegram or telex 30 days before the delivery date specified in the contract. At the same time, the seller applies the registered letter to the detailed delivery list including the contract number, the name of the goods, the specification, the quantity, the total gross volume, the total volume and the size, unit price, total price and ready date of each package and the delivery of the goods. Notify the buyer of the special requirements and precautions of the warehouse.

6.2.2 The seller is responsible for arranging the transportation, and the transportation fee is borne by the seller.

6.2.3 The date on which the transport department issues the waybill shall be deemed to be the date of delivery of the goods.

6.3 The goods shipped by the seller shall not exceed the quantity or weight specified in the contract. Otherwise, the seller is responsible for all consequences of excess quantity or weight.

7. Shipping Notification

7.1 The seller shall notify the buyer by telegram or telex within 24 hours after the goods have been loaded, the contract number, the name of the goods, the quantity, the gross weight, the total product, the invoice amount, the name of the means of transport and the date of departure. If the seller delays, the above content will be notified to the buyer by telegram or telex. All losses caused by this shall be borne by the seller.

8. Insurance

8.1 Ex-factory price contract, the buyer shall handle the insurance after the goods are shipped. The contract of the destination delivery price is handled by the buyer in RMB in accordance with the “all risks” of 110% of the invoice amount.

9. Pay

9.1 Payment shall be in RMB.

9.2 The seller shall deliver the goods in accordance with the contract signed by both parties. After delivery, the seller shall provide the buyer with the following evidence. After the buyer has verified the contract according to the contract, it shall pay in the following manner and proportion:

9.2.1 After submitting the following documents, pay ________% of the total contract price.

a. An irrevocable letter of guarantee _________% of the total contract price issued by the seller's bank for the buyer.

b. The proforma invoice is in five copies and the amount is the total contract price.

c. Commercial invoices are in five copies.

9.2.2 After submitting the following documents, pay _________% of the amount of each loan to be gradually delivered to _________% of the total contract price.

a. The original copy of the waybill issued by the transportation department is in triplicate and two copies are made;

b. The commercial invoice is in five copies, the amount of which is the corresponding amount of the contracted goods;

c. Detailed packing in five copies;

d. Five copies of the quality certificate issued by the manufacturer;

e. A copy of the shipment notice required by Article 7 of this contract.

The seller shall send the above documents to the buyer in addition to e within 48 hours after the shipment of each shipment.

9.2.3 After all the goods in the contract have been accepted by the buyer, the following documents can be submitted to pay _________% of the total contract price;

a. Five invoices for commercial invoices;

b. The contractual acceptance certificate signed by both parties shall be in five copies;

c. A spot draft of _________ begins with the buyer.

10. Technical Information

10.1 Within 60 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 samples, 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.

11. Quality assurance

11.1 The seller shall ensure that the goods are brand new, unused, manufactured using state-of-the-art processes and materials, and fully comply with the quality, specifications and performance requirements of the contract. The seller also guarantees that the goods are properly installed, functioning and maintained to have satisfactory performance over their useful life. During the twelve-month warranty period after the final acceptance of the goods, the seller shall be liable for any deficiencies or malfunctions due to defects in the design, workmanship or materials, and the costs shall be borne by the seller.

11.2 The Buyer shall notify the Seller in writing of the claim incurred during the Guarantee Period as soon as possible.

11.3 The Seller shall repair and replace defective goods or parts free of charge within 30 days of receipt of the notice.

11.4 If the seller does not make up for the defect within 20 days after receiving the notice, the buyer may take the necessary remedial measures, but the risks and expenses will be borne by the seller.

12. test

12.1 Prior to shipment, the manufacturer shall perform an accurate and comprehensive inspection of the quality, specification, performance, quantity or weight of the goods and issue a certificate proving that the goods comply with the contract. The certificate will be part of the submission of the payment document, but the quality, specifications, performance, quantity or important inspections should not be considered final. The results and detailed requirements of the manufacturer's inspection shall be stated in the quality certificate.

12.2 After the goods arrive at the scene, the buyer shall apply to the local Commodity Inspection Bureau or the Administration for Industry and Commerce for inspection of the quality, specifications, quantity and weight of the goods and issue a certificate of inspection. If the specification or quantity of the goods or both are found to be inconsistent with the contract, the buyer has the right to file a claim with the seller within 90 days after the goods arrive at the site, according to the inspection certificate issued by the local commodity inspection bureau or the State Administration for Industry and Commerce. Outside the insurance company or the transportation department.

12.3 If the quality and specifications of the goods do not conform to the contract, or if the goods are found to be defective within the warranty period specified in Article 11, including potential defects or the use of materials that do not meet the requirements, the buyer shall report to the local commodity inspection bureau or The Administration for Industry and Commerce conducts inspections and has the right to file a claim with the seller on the basis of the commodity inspection certificate.

13. Claim

13.1 According to the commodity inspection certificate issued by the local Commodity Inspection Bureau or the Administration for Industry and Commerce, the seller shall file a claim, except that the liability shall be borne by the insurance company or the transportation department.

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

a. The seller agrees to return the goods, and the same currency as specified in the contract refunds the purchase price to the buyer and bears all losses and expenses incurred, including interest, bank charges, freight, insurance, inspection fees, storage fees, handling charges, and protection. Other necessary expenses for rejected goods.

b. Depending on the 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 lower the price of the goods.

c. In the event of replacement of defective parts with new parts, components or equipment that meet the specifications, the seller shall bear the costs and risks and bear all direct costs incurred by the buyer. At the same time, the seller shall extend the warranty period for the replacement conditions in accordance with the provisions of Article 11 of the contract.

13.3 If the seller fails to respond within 30 days after the buyer’s 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 30 days after the buyer’s notice of the claim or the buyer’s consent, the buyer’s payment from the negotiation or the performance bond issued by the seller The amount of the claim back.

14. Late loan

14.1 The Seller shall deliver and provide the Services in accordance with the schedule specified by the Buyer in the Schedule of Requirements.

14.2 If the seller delays delivery without any reason, the following sanctions will be imposed: no performance bond, additional fine and/or termination of the contract.

14.3 In the process of performance of 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 and delays that cannot be delivered on time. After receiving the seller's notice, the buyer should analyze the situation and modify the contract to extend the delivery time as appropriate.

15. Default penalty

15.1 Except as provided in Article 16 of the contract, if the seller fails to deliver and provide services according to the prescribed time, the buyer shall be fined and the money shall be deducted from the loan. The fine shall be paid according to the late delivery or undelivered service. 0.5% of the price of the goods is collected. However, the maximum amount of fines is 5% of the late delivery or service contract price. Calculated 7 days a week. If the maximum limit is reached, the buyer should consider terminating the contract.

16. force majeure

16.1 If either party is involved in the performance of the contract due to war, severe fire, flood, typhoon and earthquake, and other accidents that are force majeure by both parties, the time limit for performance of the contract shall be extended. The extension period shall be equivalent to the accident. The time affected.

16.2 The party affected by the accident shall notify the other party by telegraph or telex as soon as possible after the occurrence of force majeure, and send the certificate file issued by the relevant department to the other party by registered mail within 14 days after the accident. If the force majeure influence time lasts for more than 120 days, the two parties shall reach an agreement to fulfill the contract in a reasonable time through friendly negotiation.

17. Taxes

17.1 All taxes and fees imposed by the Chinese government on the buyer in accordance with the current tax law in relation to this contract shall be borne by the buyer.

17.2 All taxes and fees imposed by the Chinese government on the seller in accordance with the current tax law in relation to this contract shall be borne by the seller.

17.3 All taxes and fees incurred outside of China relating to the execution of this contract shall be borne by the seller.

18. Performance bond

18.1 The seller shall, within 30 days after receiving the notice of winning the bid, provide the buyer with a performance bond equivalent to 10% of the total contract price through any bank in China or a foreign bank acceptable to the buyer. The performance bond is valid until the end of the warranty period.

18.2 The performance bond guarantee provided by the seller shall be provided in the form attached to the tender file, and the costs associated with it shall be borne by the seller.

18.3 If the seller fails to perform any of its obligations under the contract, the buyer is entitled to compensation from the performance bond.

19. arbitration

19.1 In the execution of all disputes arising out of or in connection with this contract, the buyer and the seller shall settle the dispute through friendly negotiation. If the dispute cannot be resolved within 60 days from the start of the negotiation, the parties shall submit the dispute to the relevant provincial or municipal government or Industry executive ministry seeks possible solutions. If the relevant provincial, municipal government or industry authorities are still not resolved, arbitration should be adopted.

19.2 Arbitration shall be conducted by the local administration for industry and commerce in accordance with its arbitration procedures and provisional rules.

19.3 The arbitral award shall be final and binding on both parties.

19.4 Arbitration fees shall be borne by the losing party except as otherwise determined by the Administration for Industry and Commerce.

19.5 During the arbitration period, the remainder of this contract shall continue to be enforced except for the part of the arbitration in progress.

20. Default termination contract

20.1 In the event that the buyer's remedy for breach of contract by the seller is not impaired, the buyer may give the seller a written notice of termination of part or all of the contract.

a. If the seller fails to provide partial or full cargo within the time limit specified in the contract or within the time limit agreed by the buyer;

b. If the seller fails to perform any other obligations under the contract. In either case, the seller fails to correct the fault within 30 days after receiving the notice of default from the buyer or within the extended time approved by the buyer in writing.

20.2 The Buyer terminates all or part of the Contract pursuant to Section 20.1 above, and the Buyer may purchase similar unpaid goods under such conditions and methods as he thinks fit, and the Seller shall be responsible for the portion of the expenses beyond the purchase of similar goods. However, the seller should continue to execute the end of the contract.

twenty one. Bankruptcy termination station

21.1 If the seller is insolvent or insolvent, the buyer may at any time notify the seller in writing of the termination of the contract, which will not prejudice or affect the buyer's right to take or will take the remedy.

twenty two. Transfer and subcontracting

22.1 Except with the prior written consent of the Buyer, the Seller shall not transfer or transfer in part the contractual obligations to be performed.

22.2 If there is no clear subcontract in the bid, the seller shall notify the buyer in writing of the full part of the contract, but the notice issued in the original bid or later may not relieve the seller of the obligation to perform this contract.

twenty three. Applicable law

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

twenty four. Contract effective and other

24.1 The contract shall be effective upon signature by both parties and upon receipt by the buyer of the performance bond provided by the seller.

24.2 This contract is made in two copies, in the case of Chinese patents, each party holds one copy.

24.3 If it is necessary to amend or supplement the contents of the contract, the parties shall sign a written amendment or supplemental agreement, which shall be an integral part of this contract.

Seller: _________ Buyer: _________

Legal representative: _________ Legal representative: ______

_________Year ____________________________________________

Place of signing: _________ Signing location: _________