Bf-2022-0146 contract no:
Contracts for the purchase and sale of prepaid cards for the repair and maintenance of motor vehicles in beijing city (model text)
In accordance with the provisions of the civil code of the people's republic of china, such as the regulations governing single-use prepaid cards in the city of beijing, the regulations governing the maintenance of motor vehicles, etc., the parties entered into contracts on an equal, voluntary, fair and honest basis for the prepaid consumption of motor vehicle repairs and maintenance, by consensus, as follows:
Article 1 scope of application
This contract applies primarily to the sale of motor vehicle maintenance prepaid cards between the consumer (a) and the motor vehicle repair and maintenance operator (b). The purchase and sale of motor vehicle spare parts, decorations or prepaid cards for car washing are not covered by this contract。
Article 2. Purchase of cards
Type of card
Count card, number of times used
Preferential margin: preferential items:
The card can't be used at the same time as the other b side promotions。
2. Receipt account information, contract amounts, payment modalities, validity period and performance bonds
Scope of use
Only single store, name, address: the ownership status of the premises is: the owner-occupied lease (the lease period from the month of the year to the month of the year)。
The name, address, tenure status and lease term of the store are listed in the annex。
4. Deduction rates
The non-counting card deduction rate is based on the intra-storage publicity service line and price, and the current settlement amount shows actual costs incurred on the basis of the current maintenance statement。
The means of searching for consumption records and balances are:。
Three. Seven days
Party a has a calm period of seven days from the date of signing this contract. During the cooling period, in the absence of actual consumption of the prepaid card, the party has the right to terminate the contract without conditions, and after confirmation of the request for refund by means of a written e-mail message or other form, the party shall, within five days, return the advance in full; the consumer shall return or pay a reasonable price for the gift or service received from the prepaid card。
Article iv method of reimbursement
(a) refund by the original route of payment by one party, which is borne by the other party upon presentation of the relevant supporting documentation, for example, in respect of reasonable fees paid to the bank (third party)。
Article 5 liability for breach of contract
The defaulting party is liable for the breach of this contract if the breach by a party makes this contract impossible to perform。
Article 6 settlement of disputes
In the event of a dispute between the parties, a settlement may be reached by negotiation, by means of a request for mediation by a consumer association, by means of a complaint to the transport administration of the region, or by mutual agreement, by choice of the following (single) resolution:
Application for arbitration to the arbitration commission in accordance with the law。
Litigation before the people's court in accordance with the law。
Consumers are invited to carefully read the terms of the endorsement and other materials provided by the operator, and to sign and trade them after they have ascertained that they are correct。
A (consumer): b (operator):
Name: operator: contact:
Tel: seal/contract special:
Date of signature: month
General provisions
Main rights and obligations of the parties
1. A party shall have the right to know the status of its filing and deposit of funds received in advance。
2. A party has the right to obtain from party b full information on the content, quantity and quality of services paid for in advance cards, prices and costs, validity periods, return of balances, risk alerts, liability for default, dispute resolution, etc。
3. A party that has not exhausted the amount of this contract during its validity period may request an extension from party b and the parties may agree on a new period of use, margin of preference, etc。
4. Party a shall pay the amount of this contract in full and on time. A prepaid balance is not sufficient to cover current consumption, the amount can be replenished and the original margin of preference is enjoyed once in a while。
5. A party shall keep the prepaid card in safe custody, and the loss or damage shall be promptly hung, the new card shall be filled and the financial loss shall be borne by a if it is not in time and if it is not at fault。
When introducing the service item, b shall describe to a the content and standards of the maintenance services provided, the type and function of the prepaid card and the manner of use。
7. Party b shall keep a record of the transaction for at least three years from the date of completion of the transaction。
8. Party b must maintain strict confidentiality of the personal information collected from party a and must not disclose, sell or unlawfully provide it to others。
9. Party b should respond promptly to complaints and advice from party a. The complaint and consultation number is。
Change of contract and assignment
1. Party b shall not, for the duration of the contract, fail to perform its contractual obligation solely by reason of a change in its name or of a change in its legal representative, official or contractor。
2. During the period of the contract, a party shall agree to the transfer of the services and content of the contract to a third party. Failure by a party to indicate within a reasonable period of time is considered to be dissenting. If one does not agree, the other returns the amount paid in advance in accordance with the criteria relating to the discharge clause。
Iii. Dismissal of contracts
If the balance of funds advanced by a is not sufficient to cover a single consumption, and the balance is not paid as agreed, it is entitled to a margin of preference corresponding to the amount actually paid in the first instance。
2. A change of business address, adjustment of the main business project, increase of prices or increase of service restrictions, which seriously affect the interests of both parties, shall be settled by mutual agreement; failing such agreement, the party may terminate the contract and require that it return the balance of the prepaid contract in a one-time manner after deducting the amount already consumed, in accordance with the following criteria:
(1) if the parties agree that a is entitled to a single service price preference, the amount of consumption shall be calculated at the agreed preferential price。
(2) the preferential discount rate for the price of a single service agreed upon by the parties to receive a specific grant or service from a
Total prepaid expenses (converted amount of gift or gift service plus total prepaid expenses) x 100 per cent。
(3) the parties agree that a party shall not have limited access to services for a period of time in which the consumption amount shall be calculated:
The number of days from the date of entry into force of the contract to the date of termination of the contract extends over the period of validity x 100 per cent of the total prepaid expenses。
3. If, except for force majeure, the business is suspended for more than 30 days or is suspended for the reasons of party b, the party requesting the termination of the contract shall return the balance of the prepaid expenses in one time after deduction of the amount already consumed in accordance with the above criteria; if the party does not request the termination of the contract, the period of validity shall be extended accordingly or shall be settled by separate agreement between the parties。
4. If the contract is to be terminated as a result of the closure, transfer or cancellation of b, the prepaid balance of expenses shall be returned in one time after deduction of the amount already consumed in accordance with the above criteria。
If the parties have agreed that the period of refund shall be , and if no agreement has been made or is not clear, the party shall return the advance payment within fifteen days of the date on which the party of a requests the refund。
Iv. Validity and composition of contracts
1. This contract is in one form, in one form, in one form, in one form, in one form, in one form, in one form, in one form, in one form, in one form, in the other form, in the other language. Each of them has the same legal effect. This contract shall enter into force on the date of its signature by both parties。
2. Failure to do so shall be carried out in accordance with the relevant laws and regulations。
The enforcement of the provisions of this text of contract shall not affect requests by the parties to safeguard other interests in accordance with the relevant law。
