Mechanical equipment lease contract

Mechanical equipment lease contract

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:__________________________________

guarantor:____________________________________

Legal address: __________________________________

Legal representative: ________________________________

Position: ______________________________________

Attorney: ________________________________

identification number:________________________________

mailing address:__________________________________

Postal code: __________________________________

Contact: ____________________________________

phone:______________________________________

fax:______________________________________

account number:______________________________________

email:__________________________________

In accordance with the "Contract Law" and relevant laws and regulations, in order to clarify the rights and obligations of the lessor and the lessee, in accordance with the principles of equality, voluntariness, fairness and integrity, the parties have reached this agreement on the _________ mechanical leasing matters.

First device name, model, specification and quantity _________________________________________________________

Second lease term

The equipment lease period is _________ years, that is, from _________ years _________ months _________ days to _________ years _________ months _________ days.

If the lessee needs to extend the lease due to the project, it shall re-sign the contract within _________ days before the expiration of the contract.

Article 3 Rent and Payment

1. Rent and calculation: rent _________ yuan/month; actual under-utilization month is calculated according to monthly rent ÷ 30 days × actual use days.

2. Rental payment: The rental fee is calculated on a monthly basis. On the 25th of each month, the lessor will issue the monthly rental statement and the invoice to the lessee for settlement. The lessee shall pay the rental fee _________ according to the payment of the construction cost by the owner.

3. Rent discount: The rental fee is calculated in 10 months after the lease expires for 12 months. Lease expires _________ Calculate the rental fee by _________.

4. Rental billing start and end time

_________ Year _________ Month_________ Day The billing start time for this equipment lease. If the tenant still does not start work after the equipment arrives at the site, the lease time will be calculated as usual.

During the mechanical lease period, the mechanical shutdown caused by the tenant's reasons or natural reasons is also calculated as usual according to the calendar days. The lessee fails to pay the rent according to the contract period, and the mechanical lease billing time is calculated as usual according to the calendar days.

When the machine is retired, the lessee must send a written notice to the lessor, and the lessor receives the written notice and the approved return date is the end of the billing period.

5. The operation time and the rental fee are signed: the date when the machine arrives at the construction site is the lessor. If the power generation cannot be used for billing, the lessee must apply for the arrival date. After the rental billing time begins, the two parties sign a mechanical rental fee every month. The last time is the date of the lease.

6. Machinery entry and exit fees: The mechanical entry and exit transportation is handled by the lessor, and the lessee assists the loading and unloading. The entry and exit fees for machinery are all borne by the lessee.

Article 4 Projects, work contents and construction sites

1. project:_________________________________

2. Work content: ____________________________________

3. Construction site:_________________________________

Article 5 Lease Method and Ownership

1. Lease method: The lease of this equipment is provided by the lessor with the operator. Responsible for the operation and maintenance of the equipment.

2. Ownership of the leased equipment: The ownership of the leased equipment listed in the contract's subsidiary file belongs to the lessor. The lessee has the right to use the leased machinery only during the lease period and has no ownership of the equipment.

3. Without the consent of the lessor, the lessee may not arbitrarily add or reduce parts on the equipment, nor may it mortgage the equipment for any reason, otherwise the consequences will be borne by the lessee.

Article 6 deposit

After negotiation between the two parties, the lessor collects the deposit of the lessee ______. After the tenant pays, he will handle the delivery procedures. The deposit shall not be used as the rent during the lease period; after the lease expires, the balance of the deposit shall be refunded to the lessee after deducting the damages for the leased materials.

Article 7 The acceptance, installation, commissioning, use, maintenance, maintenance and management of equipment shall be the responsibility of the lessee.

Article 8 Damage and Loss of Lease Machinery

1. The lessee bears the risk of damage and loss of the lessee's liability for the rental machinery that occurs during the lease term. If the contract cannot be fulfilled due to force majeure or the loss is caused, the actual situation of both parties shall be settled through negotiation.

2. In the event of damage or loss of the rental machinery, the lessee shall immediately notify the lessor that the lessor has the right to choose one of the following methods, and the lessee shall be responsible for handling and paying all expenses.

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

Replace the same model as the rental machine, and the performance parts or accessories make it work properly.

When the damage to the leased machinery is lost to the extent that it cannot be repaired, the lessee shall compensate the lessor for the amount of damages stipulated in the attached file of the contract.

Article 9 Technical security requirements: ____________________________________________________.

Article 10 _________ agrees to be the economic guarantor of the lessee, and is responsible for the tenant to effectively perform the provisions of the provisions of this contract. If the lessee cannot bear the economic responsibilities specified in the contract during the contract period, the guarantor shall pay the lessor. The remaining rents and other losses of the lessee.

Article 11: Obligations and responsibilities of both parties

The obligations and responsibilities of the lessor

1. Work closely with the construction of the lessee to meet the construction requirements of the lessee. Obey the construction arrangements of the tenant construction workers, but have the right to refuse the illegal conduct of the lessee.

2. Responsible for equipment operation, maintenance personnel, responsible for equipment operation, daily maintenance and fault handling, to ensure that the mechanical technology is in good condition. If a single continuous shutdown is caused by a fault for more than three days, the overtime will not be charged.

3. Responsible for the operator's salary and equipment repair parts

4. Work with the lessee to handle the signing of the rental of machinery and equipment.

Lessee's obligations and responsibilities

1. Responsible for the safety of renting machinery and operating drivers during work, it is strictly forbidden to violate the regulations, such as mechanization and personnel damage caused by illegal command, the lessee bears all responsibility losses.

2. Free boarding for the driver’s operation of the driver. Bear the driver's overtime and construction subsidies.

3. Responsible for the signing of the rental equipment and the signing of the monthly rental fee, responsible for the timely payment of the rental fee.

4. Responsible for equipment protection and guard during the rental period to ensure the safety of the generator.

5. Provide qualified fuel and lubricants. Because the fuel is unqualified, the driver has the right to not refuel, and the loss caused by the loss is borne by the lessee.

6. During the lease period, if the lessor purchases spare parts and materials, the lessee shall provide convenient transportation, and the required funds shall be levied on the lessee and deducted from the rental fee.

7. Responsible for the rental of machinery into and out of the freight, responsible for transportation safety, bear transportation costs and insurance.

Article 12 Liability for breach of contract

1. When the lessee delays the payment of the equipment entry fee or delays the prepaid mechanical rental fee, the lessor's equipment will delay the entry stop.

2. Without the written consent of the other party, neither party may change or terminate the contract in the middle. Any party who violates this contract shall pay the other party a penalty of 20% of the total rent of the contract.

3. If the lessee fails to pay the rental fee or violates any of the terms of this contract, the lessor has the right to take the following measures:

The lessee is required to pay the rent and other fees in a timely manner and ask the lessee to compensate the lessor for the loss.

The contract is terminated, the leased equipment is recovered, and the lessee is required to compensate the lessor for all losses.

Article 13 Contract Change

1. During the lease period, if the lessor transfers the ownership of the leased property to a third party, it shall formally notify the lessee that the new owner of the leased property becomes the natural lessor of this contract.

2. During the lease period, the lessee may not transfer or sublease the leased materials to a third party without the consent of the lessor, nor may it sell or make collateral.

Article 14 Declaration and Guarantee

Lessor:

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

2. All procedures required by the lessor 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, 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 internal authorization procedures required by the lessor 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 for 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, administrative or regulatory agency 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 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 resolved.

Submit to the _________ Arbitration Commission for arbitration;

Prosecuted to the people's court according to law.

Article 19 Interpretation of the contract

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 Other agreed matters

1. If the lessor's machinery is down due to a malfunction, it should be resumed within 4 hours. If it exceeds 4 hours but less than one working day, the rent will be deducted. If the number of days of downtime in a month is more than five working days, deduct the rent for half a month. The total number of days of downtime in a month is more than ten working days, and the monthly rent is deducted.

2. The lessor did not enter the construction site on time, did not provide mechanical deduction according to the quality quantity, and the penalty rent was _________ yuan.

3. The lessor's machinery or service cannot meet the requirements of the lessee, and the lessee has the right to impose penalties until the contract is terminated.

5. For the terms not covered by this contract, the parties may sign a supplementary agreement.

6. This contract can only take effect after it has been signed by the legal representative of the leased or leased enterprise and stamped with the special seal of the contract.

7. _________________________________________________________.

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 ____________ to _____ years____________. The original form of this contract is ______, each party holds ___ copies, has the same legal effect; a copy of the contract ______ copies, and ________ is kept.

Lessor: _________ Lessee: _________

Person in charge: _________ Person in charge: _________

Bank account and account number: _________ Bank account and account number: _________

_________ years _____ month _____ days _________ years _____ months _____ days

Signing location: _______________ Signing location: _______________

guarantor:_________

principal:_________

Bank account and account number: _________

_________year month day

place of signing:_______________

Subsidiary file

Serial number

project

Main items of the contract

1. Name of rental machinery

2, specifications and models

3, management number

4, the date of manufacture

5, the number

6, the manufacturer

7. Location of rental machinery

8. Delivery place

9. Loss compensation

10, the nominal price of goods