Party B: _ _ _ _ _ _ _
According to the provisions of the Civil Code of People's Republic of China (PRC) * * * and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1, contract equipment
Party B shall provide Party A with the listed network equipment and hardware equipment, and be responsible for installation and debugging.
2. Total contract price
The total price is RMB yuan, and the total contract amount includes all tax-included expenses for design, manufacture, packaging, storage, transportation, installation and acceptance, and spare parts during the warranty period. During the execution of this contract, the total contract amount remains unchanged.
3. Composition of the contract
The detailed price, technical specifications and other specific information of the contract equipment are stipulated in the contract. All bidding documents, meeting minutes and agreements of this project are an integral part of this contract.
4. Technical requirements
The equipment provided by Party B must meet the relevant national standards, environmental protection requirements and Party A's technical requirements, and provide the factory inspection report of the equipment.
5. Packaging, delivery, installation, commissioning and acceptance of contract equipment
5. 1 Packaging of contract equipment
Equipment packaging should have good moisture-proof, rust-proof, moisture-proof, rain-proof, anti-corrosion and anti-collision measures. All losses and expenses caused by poor packaging shall be borne by Party B. ..
5.2 Delivery of Contract Equipment
5.2. 1 delivery time of party b: within 15 days after signing the contract.
5.2.2 Delivery place of Party B: transport to the place designated by Party A for unloading. ..
5.3 Installation and Commissioning of Contract Equipment
5.3. 1 Party B shall be responsible for the installation and commissioning under this contract, and all expenses shall be borne by Party B. ..
5.3.2 During installation, Party B shall take protective measures for other equipment and facilities at each installation site.
5.4 Equipment acceptance
5.4. 1 The contract equipment shall be accepted within 5 working days after installation and commissioning, and the acceptance shall be carried out with the joint participation of both parties.
5.4.2 Acceptance shall be conducted in accordance with relevant national regulations and norms. If the delivered equipment is found to be short weight, defective, damaged or otherwise inconsistent with the provisions of this contract during the acceptance process, Party A shall make detailed on-site records or sign a memorandum by both parties. This field record or memo can be used as effective evidence for supplementing, missing and replacing damaged parts. The relevant expenses arising therefrom shall be borne by Party B;
5.4.3 If the goods are in short supply or damaged due to accidents during the transportation, installation and commissioning of the contract equipment, Party B shall arrange replacement in time to ensure the smooth completion of the installation and commissioning of the contract equipment. The relevant expenses for replacement shall be borne by Party B..
5.5 Party B guarantees that the equipment provided under this contract will not infringe the patent, trademark or copyright of any third party. Otherwise, Party B shall be responsible for infringing the patent or copyright of a third party, and bear all expenses arising therefrom.
6, quality assurance and after-sales service
6. 1 Party B guarantees that the contract equipment is brand-new and unused, and its quality, specifications and technical characteristics meet the contract requirements.
6.2 The quality guarantee period of the contract equipment shall meet the manufacturer's standards, but it shall not be less than one year (from the date of signature and acceptance by the user unit). During the warranty period, if there are problems in product quality and installation due to non-human reasons, Party B shall be responsible for repair, replacement or return, and bear all expenses arising therefrom. Party B shall send someone to the site for maintenance within 24 hours after receiving the notice from Party A. ..
In the following cases, Party B is not responsible for the free warranty:
6.2. 1 Party A fails to follow the correct usage method provided by Party B, resulting in equipment failure and damage;
6.2.2 Unauthorized modification of equipment;
6.2.3 Damage caused by various external factors such as human factors or natural disasters.
6.3 In case of any dispute over the quality of the equipment, the quality inspection department of Guangdong Province shall conduct quality appraisal. If the equipment meets the quality standards, the appraisal fee shall be borne by Party A; If the equipment does not meet the quality standards, the appraisal fee shall be borne by Party B. ..
6.4 Party B provides training on operation and maintenance for Party A, which mainly includes the basic structure, performance, main components, structure and principle, daily operation, maintenance and management, troubleshooting of common faults, emergency treatment, etc. The training place is mainly at the equipment installation site or arranged by both parties through consultation.
7. Terms of payment
7. 1 The contract payment is made by RMB transfer, and the payment information is as follows:
7. 1. 1 procurement contract;
7. 1.2 Acceptance Sheet (with official seal of Party A);
7. 1.3 Commissioning opinion (with official seal of Party A);
7. 1.4 A copy of the official invoice issued by Party B, with the official seal of Party A affixed.
The payer shall pay the total contract amount, namely RMB yuan, within ten working days.
8. Technical services
8. 1 Party B shall send personnel to the place designated by Party A to cooperate with the work.
8.2 Party B shall implement the contract progress plan provided by Party A, and cooperate with Party A and relevant units to coordinate the contract implementation progress.
9. Force majeure
9. 1 Force Majeure refers to war, serious fire, flood, typhoon, earthquake and other force majeure events recognized by both parties.
9.2 If either party to the contract is affected by force majeure, the party with force majeure shall notify the other party of the accident as soon as possible. In this case, Party B still has the responsibility to take necessary measures to speed up the supply, and both parties should solve the implementation of this contract as soon as possible through friendly negotiation.
10, claim
10. 1 If there is any objection, Party A has the right to lodge a claim with Party B according to the inspection results of relevant government departments.
10.2 during the execution of the contract, if Party B is responsible for the claims and discrepancies raised by Party A, Party B shall settle the claims in one or more of the following ways agreed by Party A. ..
10.2. 1 Party B agrees to return the goods to Party A in the currency specified in the contract, and bear all losses and expenses arising therefrom;
10.2.2 Both parties agree to reduce the price of the goods according to the poor quality and damage of the goods and the amount of losses suffered by Party A;
10.2.3 If defective parts are replaced or repaired with new parts, components or goods that meet the requirements of specifications, quality and performance, Party B shall bear all expenses and risks, and bear all direct expenses incurred by Party A. At the same time, the quality guarantee period shall be extended accordingly.
10.3 If Party B fails to reply within 30 days after Party A sends the notice of claim, it will be deemed that Party B has accepted the above claim ... Party A will deduct the claim amount from the contract amount. If these amounts are insufficient to compensate the claimed amount, Party A has the right to claim compensation from Party B for the insufficient amount.
1 1, breach of contract and punishment
1 1. 1 Party A shall pay the payment to Party B within the time stipulated in the contract, and an additional 3% of the contract amount may be charged to Party A for each day of delay. Liquidated damages.
1 1.2 If Party B fails to deliver the goods on time, it shall pay Party A the contract amount of 3? Liquidated damages.
1 1.3 If the goods delivered by Party B are not in conformity with the contract, Party A has the right to reject them, and Party B shall pay Party A a penalty of 5% of the contract amount.
1 1.4 If Party A refuses the goods without justifiable reasons, it shall pay Party B a penalty of 5% of the contract amount.
1 1.5 If Party B fails to deliver the goods, Party B shall pay Party A a penalty of 7.5% of the contract amount. ..
12, the contract is terminated
If one party seriously breaches the contract and fails to correct the breach within 30 days after receiving the notice of breach from the other party, the other party may terminate the contract immediately.
13, legal proceedings
Disputes and differences arising from the performance of this contract shall be settled through friendly negotiation. If negotiation fails, a lawsuit (either arbitration or lawsuit) shall be brought to the arbitration institution or people's court in the place where the contract is signed. During the acceptance period, both parties shall continue to perform the rest of the contract.
14, other
14. 1 This contract is made in five originals, all of which have the same legal effect.