Bf-2008-0607
Contract number:
Rental contract for construction machinery in beijing city
Tenants (a): (unit full name)
Lessor (b): (full name of unit)
Industry identification certificate: licensing authority
In accordance with the contract law of the people's republic of china and other relevant laws and regulations, and in accordance with the principles of equality, voluntariness and good faith, the parties reached agreement on matters relating to the rental of construction machinery as follows:
Article i: lease of machinery and calculation and payment of rent
(if not sufficient, alternative schedules)
Mechanical name
Number
Specifications/models
Producer
Device number
Rental method
Duration/start of lease
Rental rates
Rental amount ($)
Entry date
Projected appearance date
Remarks
Rental rate calculation: one of the following options is selected for inclusion in the above table, “pay rate calculation” column
A. Monthly. Rentals for the end days of less than one month are calculated by dividing the monthly rent by 30 days multiplied by the actual days used。
B. Daily。
C. On a class basis (for rental periods, in uncertain workloads and in situations where rental costs are not easy to calculate on a workload basis, such as tracked or tyre cranes): mechanical work hours per day and one working day at a mechanical desk. Prior to the month, both sides confirmed the actual number of workstations in the previous month。
D. Based on workload (per cubic metre or square metre) (for engineering transport machinery such as concrete delivery pumps, transport vehicles, excavators, asphalt road stalls, etc.). The actual workload of the previous month was confirmed by the parties prior to the month。
E. Other ways:
2. Total rent: $/caps
3. Payment modalities:
4. Duration of payment:
Article 2: place of use, project name and work content
Location of use:
Project name:
Work:
Article iii: lease duration
The length of each mechanical lease is detailed in the table under article i of this contract。
Because of the need for an extension of the lease, the parties shall renew the contract within ... Days of the expiration of the contract。
Upon expiry of the lease, the first party continued to use machinery, and the other party did not object, the original lease contract remained in force for an indefinite period of time。
Article iv: entry costs
The total cost of leasing machines for entry is rmb and consists of: transport, suspension, installation, dismantling
A: total: $
B: total: $
Article v: mechanical handover and acceptance
1. When handing over machines in the direction of b, the parties shall jointly perform acceptances and sign the handover list and the entry tests for the type, specification, attachment, quantity, quality, etc. Of the delivery machinery。
The laws and regulations require the installation of debugging and testing to be operational, or the contract provides for the installation of a debugging or third-party testing on site of a machine to be operational, and the installation of a debugging or test is deemed to be the date of transfer of the machine in direction b。
The laws and regulations stipulate that installation must be carried out by the installation construction company with the relevant qualifications, and that a third party, who does not possess the above-mentioned qualifications, or who requires a third party test, shall, at its own expense, entrust the installation or testing to a third party with the corresponding qualifications。
2. A party shall return the machinery to b at the time and place agreed upon in the contract, and the parties shall jointly examine and inspect the model, specifications, accessories, quantity, quality, etc. Of the machinery and sign the handover list。
Article 6: bonds
Whether or not party b has taken a bond from party a as a guarantee of performance of this contract。
If the parties agree that a bond is to be collected by party b, party a shall pay it before the mechanical entry. Upon expiry of the lease, the bond, after deducting damages due to the machinery, loss, returns the balance without interest to party a。
Article vii: operation, maintenance and repair
1. The parties agree that the machinery shall be operated and maintained by the parties. The operator under this contract shall, in accordance with the terms of the mechanical operation, operation, command, maintenance, etc., and may entrust the operation and maintenance of the machinery to a professional company with the appropriate qualifications, which shall be deemed to act as such。
2. If the machinery is unable to function properly due to malfunction, party b shall be present for on-site maintenance within one hour of receiving notice. B is exempt from rent as of until the date on which the machine returns to normal operation if it cannot be repaired within hours/days from the date of receipt of the notice of maintenance. However, the mechanical failure was due to a violation of the command and control of a, which should still pay the rent during the shutdown。
The parties agreed on a monthly hourly period for normal maintenance of machinery, as follows:。
Article 8: rights and obligations of the parties
A. Rights and obligations
1. Party a is entitled to require that party b provide qualified machinery as contracted。
2. A party is entitled to require that b provide maintenance services for the machinery as contracted. If mechanical damage, loss or malfunction is rendered unserviceable by cause of b, a has the right to terminate the contract or to require b to replace machinery of the same type, performance, and b to compensate for the loss。
3. A party shall pay rent and other expenses in accordance with the time, manner and amount agreed upon in the contract。
4. A shall provide and facilitate mechanical access to the site, other maintenance operations and the timely receipt of machinery delivered by b。
5. A shall provide a safe operating environment for the machinery and shall be responsible for the care and security of the machinery at the construction site. If mechanical damage or loss is caused by a, b shall be compensated。
6. A party shall manage and use the machinery in accordance with operational protocols or mechanical usage requirements or contractual agreements and shall not work in violation of regulations or overload. The operator assigned by a must be certified to be on duty。
7. No sub-lease of machinery, no improvements or additions to machinery may be made without the written consent of party b。
B. Rights and obligations
1. Party b is entitled to receive rent as contracted。
2. Loss of mechanical damage due to a single cause entitles a second party to claim compensation from a single party。
Party b shall supply agreed machinery to party a in accordance with the agreed time and location, and shall not supply machinery that has been phased out or is dead。
4. The laws and regulations stipulate that documents such as a manufacturer's production licence or a product qualification certificate should be provided or, if they are required to be filed with the relevant department, the party b shall provide or process the documentation。
5. Party b shall provide to party a the necessary technical information or description of the environment in which the machinery is used, safety of use requirements, operational maintenance precautions, etc。
6. B. Shall provide technical safeguards to cover the maintenance obligations during the lease period。
7. The contract provided for the deployment of random operators by party b, who must be on board with a certificate, subject to the management of party a, subject to the rules and regulations of party a, and shall reject any violation of the command proposed by party a。
Article 9: liability for non-compliance
Liability for non-compliance by party a:
1. If a party fails to perform the contract, it shall pay a breach of contract to that party。
2. If a party fails to pay rent as agreed in the contract, it shall pay default money to party b at the rate of $/day for each overdue day. Party b is entitled to terminate the contract and to demand payment of default money from party a if it is overdue。
If a party does not use machinery in accordance with the relevant laws and regulations or the methods agreed upon in the contract, resulting in the loss of the leased machinery, party b is entitled to terminate the contract and to claim compensation for the loss。
If a party sublet the machine without its written permission, party a is entitled to terminate the contract and to claim compensation for the loss。
5. If a party improves or adds other things without the written consent of the party, party b has the right to restitution or compensation for the loss。
Other
B. Liability for breach:
1. If a party is unable to provide the machinery or the mechanical model and specifications provided under the contract, and has been unable to perform on time or to provide the replacement machinery in accordance with the requirements of the party, by written reminder from party a, the party is entitled to terminate the contract and to demand payment of the breach money。
2. If a party fails to provide machinery on the agreed date of the contract, it shall pay to party a the amount of the delay in performing the breach of contract at the rate of $/day for each overdue day. A party is entitled to terminate the contract and to demand payment of a breach of contract from party b if it is overdue. However, if a has not paid advance entry and exit fees or bonds, it is not entitled to demand payment of late default payments。
3. If, during the period of the contract, the work of the machinery is stopped for a reason on the side of b (including the actions of the operator assigned by b, except for the time it was contracted to perform repairs and maintenance of the machinery), the party of a may require, in addition to deducting the corresponding rent, that the party of b pay a default amount equivalent to % of the rental of the machinery. Where work has ceased for more than days, party a is entitled to terminate the contract and recover damages from party b。
Other
Article 10: force majeure
If a party is unable to perform this contract as agreed by reason of force majeure, it may be excused, in part or in whole, under the effect of force majeure, provided that the other party is notified in a timely manner and evidence is provided to the other party within fifteen days of the termination of the force majeure。
Article 11: dispute settlement
Disputes arising under this contract may be settled by agreement between the parties, or by conciliation, negotiation or conciliation between the competent authorities of the industry, in the following manner (only one option)。
(1) to institute proceedings before the people's court
(2) to apply to the arbitration commission for an award。
Article 12: other articles
1. This contract shall enter into force on the date of its signature by both parties. This contract and its annex, which shall consist of a single copy and shall have the same legal effect, consisting of one copy, one copy and one copy。
2. The schedule hereto, together with various documents in the course of performance of the contract, which are confirmed by the parties'signatures as an integral part hereof, shall have the same legal effect as here contract, as the order in which the documents were produced, unless specifically stated。
3. If this contract is not exhausted, the parties may agree to conclude a supplementary agreement which shall have the same legal effect as this contract。
4. Place of contract:
Other agreements: 。
Tenant: (a) lessor: (b)
Housing:
Statutory representative: statutory representative:
Delegate: delegate:
Telephone:
Fax: fax:
Opening bank:
Account number:
Postal code: postal code:
Day and day of year
