Postal code: postal code:
Telephone:
E-mail: e-mail:
Opening bank:
Account number:
Date:
Article 3
A:
B:
In accordance with the relevant provisions of the contract act, the procurement unit is specified (in accordance with the relevant provisions of the contract act) the rights, obligations and economic responsibilities of parties (a) and suppliers (b) in the process of purchase and sale are to be complied with by means of the following provisions, which shall be negotiated amicably between the parties。
1. Defines the specific meaning of the following terms:
“party a” means the unit under which goods and services are actually purchased and provided for in the contract. “b” means the unit provided for in the contract for the provision of goods and services。
For the purposes of this contract, “goods” means cranes and all attachments which b is required to supply to a on the basis of its successful tender documents that meet the specifications and functions of the solicitation requirements, and also includes services provided by b and all required documents。
“service” means ancillary obligations relating to the supply of goods under the contract for b, such as transportation, installation, commissioning and maintenance responses and other obligations under the contract for b。
“contract price” means the price payable by a party to a second party after the correct performance of its contractual obligations in accordance with the successful tender documents and the contract。
Place of delivery:
The costs incurred, such as transportation and damage to the goods, are borne by party b as it delivers the goods to the designated place of party a。
Iii. Name of goods, quantity, price:
4. Total contract price: rmb - - - total。
Scope of the total contract price:
1. All pre-delivery costs of equipment, transport, handling, installation, commissioning, testing, testing, etc. 2. Free quality assurance of goods。
Vi. Context of the assessment
Goods and services in conformity with this contract and the solicitation documents。
2. The full range of technical information and documentation required to ensure the use and maintenance of equipment, including plant clearances, the use of chinese language instructions and maintenance of chinese language notes。
Vii. The period of delivery:
From the date of the signing of the contract, the shipment was shipped to the site and the commissioning was completed within 30 days. (in the event of force majeure or an unforeseen event leading to a delay in the delivery period, party b is not liable for breach of contract after fulfilling its obligation to notify party a in a timely manner)
Viii. Technical provisions:
Goods supplied by b must conform to the design drawings and national standards and norms of the solicitation documents, and equipment and components listed in the tender documents of b must conform to the relevant national standards and norms and to the requirements of the solicitation documents, such as branding, place of production, manufacturer, quality assurance, etc。
Quality assurance:
Goods and their components shall be new, unused, quality products that are consistent with the required quality and performance and ensure that the product is manufactured in the original plant, along with relevant materials such as quality assurance of the product, technical performance instructions, inspection reports of the special equipment sector, quality standards certification certificates, etc。
Method of settlement:
Upon conclusion of the contract, the payment is made in advance - - - - - - - - after installation has been completed - - and the balance is paid in one year。
Xi. Period of warranty:
The full machine has a free quality assurance period of one year from the date of acceptance and acceptance by the special equipment inspection department。
After-sale services are referred to the commitments in the b bid documents。
Xiii. Modalities for the settlement of contractual disputes: the settlement of disputes between the parties shall be by mutual agreement and shall not be subject to legal litigation。
This contract shall enter into force on the date of signature (sequest) of both parties and shall be automatically terminated by mutual agreement。
The parties expressly state that the contents of this contract, as indicated in all the printed texts of this contract, cannot be modified and that any modification in any form would render the contract null and void, unless the modification has been agreed in writing by the representatives of the legal persons of both parties and the contract has to be signed at the time of its amendment and confirmed by the parties by the stamping of the amendment。
The parties to this contract shall consult separately。
Each of the parties has one copy of this contract。
Customizer
Carrier
Article 4
Demand: place of signature:
Supply: contract number:
Date of signature: 20 xx july 20
Quality services, duration of warranty: one year. The date of the contract is used。
Iii. Place of delivery, mode of delivery: inside the required plant。
Iv. Means of transport and port of arrival and cost: air transport, freight supply。
V. Acceptance standards, methods: design specifications according to national standards a, cb/t3811-1983; b, gb/6067-1985 safety protocols; c, jb/t2603-94 electric single beam cranes. Qualification certificates are issued at the chongqing special equipment testing centre。
Vi. Settlement modalities and duration: contract payment: 30 per cent, goods collected at the installation of cranes and paid after obtaining a security clearance issued by the chongqing technical supervisory authority: 65 per cent, with the remaining 5 per cent paid in lump sum at the expiration of one year, whichever is the date of the contract. The supplier issues 17 per cent of the general vat invoice. 7. Other costs: packaging, getting out of the car, installation debugging, inspection acceptance certificate, and all other costs are borne by the supplier。
Liability for breach of contract: under contract law. And agrees with each other as follows:
8. 1 the supplier's late performance of the obligation to deliver the goods shall be paid to the required party on a daily basis, calculated at three ten thousandths of the total contract price, from the date of expiration; if delivery is not possible after 10 days of delay, the required party is entitled to notify the supplier of the suspension of the crane purchase and sale contract and to recover damages and damages for breach of contract。
8. 2 the supplier will not be entitled to recover the quality assurance money retained by the crane if it violates the quality assurance and after-sale service agreement under the crane purchase and sale contract during a period of one year after delivery of the crane。
8. 3 the supplier shall pay to the supplier a breach of contract calculated on the basis of three ten thousandths of the total contract price if the party in need does not accept the delivery on notice; in the event of non-receipt of goods after 10 days of delay, the supplier has the right to notify the party in need of the termination of the crane purchase and sale contract and to recover damages and damages for breach of contract。
8. 4 demanding parties are late in fulfilling their obligation to pay for the equipment and, as of the date of the delay, pay default payments to suppliers on a daily basis calculated at three ten thousandths of the total contract price; if the payment for the equipment remains outstanding for 10 days, the supplier has the right to notify the demand side of the suspension of the crane purchase and sale contract and to recover damages for breach of contract。
Ix. Modalities for the settlement of contractual disputes: amicably negotiated settlement. They may be supplemented or amended by consensus between the parties. If this is not possible, either party has the right to choose the means of arbitration or litigation at the place of contract。
X. Other contractual matters: none。
Xi. The main page of the contract consists of three pages, the technical specifications for cranes, which have the same legal force as the technical specifications for cranes, and the supply side is required to produce the technical specifications for cranes。
12. This contract shall be in one form, provided that three copies from the required party and that the facsimile shall have the same legal effect and shall enter into force on signature by both parties。
Demand: supply:
A crane purchase and sale contract
A: (hereinafter a)
B: (hereinafter: b)
Date of contract: 20 03 november
Place of contract: kunming
On the one hand and on the other side, in connection with the procurement of the b-talk crane on the one side, the following agreement was reached by friendly agreement:
The subject matter of the contract (name of equipment, technical specifications, price and date of delivery):
Technical requirements
1. Quality standards
(b) the tower crane provided by b meets national standards, there are no national standards by industry and no industry standards by enterprise;
2. Tower crane base and balanced weighting
B provides the base of the tower crane and balanced heavy drawings to a, which is home-made。
3. Quality assurance period
Under normal conditions of use:
Three institutions: upscaling, variation, turnaround, hydraulic top lifting, one year of quality assurance。
Iii. Location and modalities of provision
The b plant delivers the goods and a is responsible for the freight。
Iv. Packaging standards, supply and recycling of packagings
The mainframe and accessories are naked and small wooden boxes are packed。
V. The standards, methodology and the time for conclusion
At the time of the shipment, the parties had jointly inspected and accepted the goods at the b plant and, if there were any objections, the parties had agreed to settle them。
Vi. Number of random items, accessories and tools
Be equipped according to plant b standards。
Vii. Method and duration of settlement:
At the time of the signing of the contract, the a party made an advance payment of rmb b to collect the full amount of rmb b (us$ 36,000. 00) and a one-time payment of the balance (us$ 50,000. 00)。
Viii. Technical support
1. When tower cranes are first installed, party b provides technical support to the relevant specialist。
2. Operators engaged in the operation of lifting products on the a side must obtain a legal operating certificate issued by the local government authorities in order to operate the b side. The a side must install, dismantle and ship tower cranes in strict compliance with the technical protocols of the technical team with the appropriate qualifications and procedures in accordance with the law。
Ix. Qualifications for installation
Installations shall be provided by car suspension provided by a and a for installation。
2. Party b shall be responsible for providing information on the case of the installation, which shall be handled by party a。
X. Responsibility for breach
1. If a party fails to pay the contract deposit on time as agreed in the contract, it shall be liable for breach of contract to the other party at the rate of three per thousand per day of the total amount of the contract, the contract shall continue to be performed and the default of the first party shall cumulatively reach the point where the latter party is entitled to discharge the contract and the first party shall be liable for breach of contract at the rate of three per thousand per day of the total amount of the contract。
2. Party b shall perform its contractual obligations, such as full installation of equipment, as contracted, failing which it shall be liable for breach of contract with party a at the standard rate of five per thousand per day of the total contract amount。
3 in accordance with the relevant provisions of the state contracts act。
Xi. Methodology for the settlement of contractual disputes
During the period of performance of this contract, in the event of a dispute arising between parties a and b arising out of the performance of the contract, the parties settled it amicably and in good faith, and the parties negotiated numerous proceedings before a competent people's court in accordance with the law。
12. Other outstanding matters are settled amicably between the parties。
Xiii. This agreement shall be signed by each of the parties in two copies, and shall enter into force upon its signature。
Representative of a: representative of b:
Article 6
A:
B:
In accordance with the provisions of the contract law of the people's republic of china, contracts are specifically concluded after full consultation between the parties for mutual compliance。
Article 1 name, model and quality of tower crane
1. Name and type of tower crane:
(1) name: "xx" towers manufactured by xx mechanical manufacturing limited;
(2) model specification: qtz80 (6012), with an independent height of 44 m, with a maximum height of 60 m, with a maximum of 1. 2 tonnes hanging, and a maximum weight of 6 tonnes for the arm。
(3) other requirements:
A. Concrete base of towers: the pressure parameters and basic reference drawings for the tower base provided by b and by a the final plan for determining the concrete base according to the actual conditions at the site is provided by the foot bolts and pre-laying templates on side b and the organization and quality of construction on side a。
B. Balance of towers: provided by b。
C. Tower malfunction b is resolved within 24 hours of notification。
Technical standards for products (including quality requirements): implemented in accordance with national standards and the requirements of product use instructions。
Number of tower cranes
1. Number of tower cranes: one (comprising 1 basic section and 13 standard section);
2. The configuration of tower cranes is shown in the consignment list。
Article 3 packaging standards for tower cranes
Electrical elements of tower cranes and random tools are packaged in iron or wooden toolboxes。
2. Other components are naked。
Article iv delivery unit for the product, method of delivery, mode of transport, place of arrival
1. Delivery unit for the product: guangdong industry hulk manufacturing co. Ltd。
Method of delivery: party b is responsible for transport to the site at the expense of party b。
3. Location of delivery: xx x mechanical manufacturing co. Ltd
4. Transport, place of installation: article v. Time of delivery of products
1. Twenty-five days after the entry into force of the contract for the receipt of advance payments by party a, the delivery of the goods shall require the addition of a standard section and 20 days ' advance notice of the attachment。
Article vi installation of products
1. The installation of towers, tops (within an independent height) is the responsibility of b, and beyond the independent height is the responsibility of a。
2. Installation by hanging of vehicles not exceeding 25 tons. The additional cost is attributable to party a if more than 25 tons of vehicles are to be hanged due to site factors。
Article 7. Price and settlement of purchase price of tower cranes
Prices of tower cranes:
(1) the unit price of the tower is rmb: 10,000 yuan, inclusive of the tax price;
(2) the unit price of each section of the standard section shall be rmb: 10,000 yuan (¥11,000,000), free of taxes;
(3) the unit price of each set of attached devices shall be increased to rmb 10,000 per unit (¥11. 00. 00), free of tax, (with 1 set of caps and 3 bars of pullers (7 metres per length);
(4) in the case of late delivery, at price increase, at original price; in the case of price decline, at new price. In the case of late delivery, at the price increase, at the new price; in the case of price decline, at the original price。
2. Settlement of charges for tower cranes:
(1) upon the conclusion of the contract between the two parties, the first party shall pay the other party a sum of three thousand and ten thousand dollars (¥309,000. 00) as an advance payment;
(2) the balance of the purchase price is set at 206,000. 00. From the date of delivery of the goods, monthly payments are made to b on an average monthly basis;
(3) the purchase price is to be settled on the day the goods are received in real terms by adding standard sections and attachments。
(4) if a party fails to pay the price within the agreed time, it will continue to have title to and disposal of the tower until it has paid the price。
Article 8
1. Time of receipt and inspection: once installed, the tower will be arranged by the local security department and the cost will be borne by party b。
2. Means of acceptance:
(1) an inventory of the complete contents of the towers according to the shipping manifest and the annex to the contract;
(2) check whether the performance parameters of the towers are in conformity with the specifications for the use of tower cranes。
(3) acceptance and inspection standards: current national standards on technical quality requirements for towers。
(4) at the time of receipt and inspection, the acceptance was conducted by a qualified mechanical and electrical engineer appointed by party b。
(5) after a dispute over acceptance, arbitration is carried out by a special equipment quality inspection body at the place where the contract was signed。
Article 9 time and method for challenging tower cranes
1. In the event that a product is found to be of irregular variety, type or quality, a written objection shall be submitted to party a within two days。
2. If a party does not submit a written objection within the prescribed period, the product is deemed to be in conformity with the contract. No objection may be made to the deterioration of the quality of the product as a result of its use, custody and poor maintenance. After receiving written objections from the required party, party b shall deal with them within two days, failing which the objections and dispositions raised by party a shall be considered tacit。
Article 10 liability for breach of contract on the part of b
The “three packages” of the implementing country for the b-products stipulate a period of one year (three months for wire ropes, excluding lossable items)。
2. If the type, model, specification and quality of the product submitted by party b are not in conformity with the contract, party b shall be responsible for the replacement or repair of the product and for the actual costs incurred in repairing, transferring or returning the goods, depending on the circumstances of the product. If the party b is unable to repair or replace, it shall be treated as non-delivery。
Article 11 liability of a party for breach of contract
1. If a is late in payment, it shall pay to b the late payment of default money in accordance with the provisions of the people's bank of china regarding deferred payments。
2. If a party refuses to take delivery of the goods in violation of the terms of the contract, it shall bear the loss resulting therefrom。
Article 12 force majeure
Where either party is unable to perform the contract for reasons of force majeure, it shall promptly inform the other party of the reasons for its inability or inability to perform in full, and shall, after obtaining certification from the competent authority concerned, permit the suspension of performance, partial performance or non-performance of the contract and may, in the circumstances, grant partial or total exemption from liability for breach of contract。
Article 13 - after-sale services
When the tower hangs out in the course of their use, the b party undertakes to inspect and maintain the site within 24 hours of receiving notification from a, so as not to miss the duration of the work on a。
Article 14 - other
In the event of a dispute arising out of this contract, the parties shall settle the dispute in a timely manner by agreement and, in the event of failure to do so, file a complaint with the people's court of the place where the contract was signed. The steel configuration of this tower must be made of accessories produced by guangdong business hall mechanical co. Ltd., such as spare parts produced by the customer with other manufacturers or by itself, resulting in accidents and losses for which guangdong business hall mechanical co. Ltd. Is not liable。
Article 15 this contract shall enter into force upon receipt by b of an advance payment from party a and shall remain in force until such time as the parties ' rights and obligations have been discharged. Neither party may change or terminate the contract at will during the performance period. Failure to complete a contract shall be subject to mutual consultation between the parties and to a supplementary agreement which shall have the same effect as this contract. Four copies in one original and two copies in each of the parties hereto。
Purchase unit (a): (chapter)
