Lease contract model: mechanical lease contract
Party name: ___________________
address:_______________________
phone:_______________________
Party name: ___________________
address:_______________________
phone:_______________________
Upon the friendly negotiation between Party A and Party B, Party B shall, according to the requirements of Party A, lease the mechanical equipment contracted by this contract to Party A for the construction of Party A. The two parties have reached the following contract terms in accordance with the "Contract Law of the People's Republic of China", relevant laws and regulations of the state and provincial local government departments, and the principle of honesty, trustworthiness, equality and mutual assistance.
1. Definition and interpretation
1.1 "Engineering" means: __________________
1.2 “Contract” means the legal file signed between Party A and Party B indicating the contractual relationship between the parties.
1.3 “Party A” means: __________________
1.4 “Party B” is a service unit whose quotation has been accepted by Party A. It is a company or other entity or individual that rents mechanical equipment and provides related services.
1.5 “Service” means the obligation of the contractually agreed terms of the contract that the supplier must undertake.
1.6 "Worksite" means: _________________
1.7 "Day" means the number of calendar days.
1.8 “Writing” means any handwritten, printed or printed correspondence, including letterhead, file and fax.
2. Party A's work
2.1 Party A shall notify Party B in writing of the detailed time, place and other specific details within 12 hours before the machine enters the site.
2.2 Tool room responsible for providing the necessary accommodation and accommodation conditions for the operation and maintenance personnel of Party B.
2.3 Responsible for on-site safety management and safety education and tasks of mechanical operators, to prevent illegal command and illegal operations.
3. Party B's work
3.1 Complete the required entry and maintenance of the machinery as scheduled in accordance with the requirements of Party A.
3.2 According to Party A's requirements, provide sufficient qualified maintenance and operation personnel to ensure that the certificate is on duty, and the compensation and bonus of the operator shall be paid by Party B itself.
3.3 Party B's staff at the site of Party A shall abide by the rules and regulations on the site and follow Party A's command and arrangement. Party A has the right to notify Party B to change personnel for serious dereliction of duty and illegal operation. Party B shall immediately send qualified staff. Work at the site.
3.4 Party B's corporate image promotion at Party A's site must comply with Party A's relevant regulations.
3.5 Ensure the operation of the mechanical party and ensure the construction and production of Party A.
3.6 Provide Party A with relevant license certificate files and operation certificates for special operations operators.
3.7 Party B shall provide property insurance for machinery.
3.8 Party B shall, in accordance with the requirements of Party A, take all measures to be taken when the mechanical equipment fails, to ensure the smooth progress of construction and production.
3.9 In the event of a casualty accident other than Party A, Party B shall be solely responsible for the responsibility.
4. Rental machine name, specification, quantity
Serial number
Device name
Specification model
Quantity
5. term of lease
5.1 Lease period
Serial number
Device name
Specification model
Lease period
Quantity
Note: You must work more than one shift every month during the lease period. If it is not reached, it will be settled as follows:
Actual work shift
×80 days × daily rent settlement amount
Schedule workbench
5.2 If Party A does not use the equipment and needs to leave the market, Party B shall notify Party B 2 days before the project is terminated. Otherwise, Party B may collect the rent according to the rent standard stipulated in the contract.
5.3 Party A shall, if it needs to extend the lease term, submit to Party B an irregular renewed lease 3 days before the expiration of the lease; if there is no special circumstances, Party B shall agree to Party A to renew the lease and the rental price of the equipment shall remain unchanged.
6. Mechanical equipment maintenance
6.1 Party B shall prepare maintenance plans for the period of mechanical equipment rental, and carry out maintenance of the equipment according to the plan to ensure Party A's engineering needs.
6.2 During the lease period, Party B shall be responsible for the maintenance of the mechanical equipment and bear the corresponding expenses.
6.3 Party B shall promptly carry out the maintenance of mechanical equipment. If Party B needs to maintain the machinery, Party B shall notify Party A in advance and arrange as much as possible on the rest day or construction idle time.
6.4 Party A agrees to arrange maintenance time for Party B in accordance with the maintenance procedures for mechanical equipment.
7. Mechanical equipment repair
7.1 Party B shall ensure that there are sufficient stocks of mechanical equipment parts in order to repair or replace unqualified parts in time to ensure that the machinery can operate normally.
7.2 During the construction process, when major accidents occur in mechanical equipment, the downtime shall not exceed 12 hours, and shall not exceed 1 time per month. When a general fault occurs, the downtime shall not exceed 2 hours. Otherwise, the shift fee shall be deducted and fined as follows. :
Obstacle time
Deduction
fine
7.3 In the event of a failure, the downtime exceeds 2 hours, causing economic losses or delays in the construction period. Party A will make a claim to Party B while taking emergency measures, and may obtain compensation from the rent or other means.
8. Fee charging method
Rent unit price
Serial number
Device name
Specification model
rent
9. payment method
Rent payment: The mechanical rental fee is settled according to the actual use of the shift. From the date when the machinery of Party B is officially put into use to the mechanical exit, Party B's machinery will reach a sufficient number of shifts per operation, and Party A will pay the rent to Party B. The workload is mechanical. Calculated using a record table.
10. Liability for breach of contract
10.1 If either party to Party A violates the provisions of this contract, it shall bear the loss of all liabilities arising from the breach of contract.
10.2 If either party A or B violates the provisions of this contract, it shall bear the expenses and take timely measures to remedy the case until the other party is satisfied.
11. force majeure
11.1 When any party is unable to perform the contract due to the force majeure accident, the time limit for performance of the contract shall be extended, and the extension period shall be equivalent to the time affected by the accident. A force majeure accident refers to an accident that cannot be foreseen when the parties to the contract have concluded a contract, and whose accidents and consequences are unavoidable and insurmountable, such as wars, severe fires, floods, typhoons and earthquakes.
11.2 The affected party shall notify the other party in writing as soon as possible of the occurrence of the force majeure accident, and submit the supporting documents issued by the relevant authorities to the other party for review and confirmation within 7 days after the accident. At the same time, the obstructed party should continue to perform its contractual obligations as much as possible, and seek other arrangements to take reasonable measures to fulfill the effects of force majeure.
11.3 Once the impact of the force majeure accident lasts for more than 30 days, the parties shall reach a further performance of the contractual agreement within a reasonable time through friendly negotiation.
12. Settlement of disputes
12.1 If there is a dispute between the two parties, they should first adopt a friendly negotiation method. If an agreement cannot be reached within 28 days from the beginning of the consultation, it shall be submitted to arbitration.
12.2 Submission of formal arbitration disputes shall be finalized by the local arbitration commission in accordance with the committee's arbitration procedures or rules.
12.3 The arbitral award shall be final and binding on both parties.
12.4 Unless otherwise decided, the arbitration fee shall be borne by the losing party.
12.5 During the arbitration period, the rest of the contract continues to be executed, except for the ongoing promotion.
13. Default termination contract
Within 2 days after the breach of contract is given by either party to the defaulting party, the defaulting party fails to take effective measures to correct the breach of contract, and may terminate the contract in full or in part by written notice.
14. Bankruptcy termination contract
When either party to the contract becomes insolvent or has no debt solvency, the other party at any time in writing notifies the other party of the termination of the contract. The termination contract does not prejudice or affect the power of any action or remedy that the other party has taken or will take.
15. Force Majeure Accident Termination Contract
15.1 If the impact of the force majeure accident lasts for more than 30 days and the parties fail to reach an agreement to further perform the contract within a reasonable time, both parties may notify the other party in writing to terminate the contract.
15.2 The Supplier shall notify the Contractor in writing of all subcontracts granted under this Contract, provided that the Notice does not relieve the Supplier of any liability or obligation under the Contract.
16. Other
16.1 This contract shall be construed in accordance with the laws of the People's Republic of China.
16.2 Any change or supplement to the contract shall be in writing and subject to the consent of the other party to constitute a modification and supplement to the contract.
16.3 Party B shall cooperate with the work of supporting Party A or a third party in the name of Party A.
16.4 The contact between Party A and Party B shall be in writing.
16.5 This contract shall become effective after it has been signed and sealed by both parties.
16.6 This contract is in duplicate, Party A shall take part, and Party B shall take part.
Party A: _______________________
representative of A:___________________
Party B: _______________________
Party B representative: ___________________
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