5 Sample Contracts for the Sale and Purchase of Factory Equipment
If the buyer does not accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller, do you now know how the contract looks like? I am here to share with you some sample contracts for the sale and purchase of plant equipment, I hope it can help you.
Sample contract for the sale of factory equipment (Part 1)
Seller: _______________ (referred to as Party A) ID number: _____________________
Buyer: _______________ (referred to as Party B) ID number: _____________________
According to the "Contract Law" and other relevant laws and regulations, A, B and the two sides on the basis of equality, voluntariness, consensus, on the purchase of real estate in the direction of the A party signed this contract, in order to *** with the implementation of the letter.
1, Party B agreed to buy Party A has a seat in the ______________________________ property, building area of _____ square meters (area error in the range of ± 5% will no longer take into account the difference in price, more than 5% of Party B has the right to terminate the contract, except for Party B's voluntary make-up the difference in price), the nature of the building __________________.
2, the transaction price of the above property is calculated as: a price of ____________ million yuan, the price will not be adjusted.
3. Time and method of payment: On the date of signing of this contract, Party B shall pay Party A RMB __________ in full as deposit for the purchase of the house. Party B pays the remaining amount of __________ RMB in one lump sum within 3 days after Party A's delivery of the house is completed.
4. Party A shall deliver all the traded properties to Party B for use within ____ days from the date of receipt of Party B's deposit, and shall settle the property fee and other expenses on the day of delivery.
5, tax and fee sharing Party A and Party B should comply with national real estate policies, regulations, and pay for real estate transfer procedures in accordance with the provisions of the tax to be paid. After consultation between the two sides, the transaction tax is borne by the _______ party, the intermediary fee and the handling fee for the transfer of property rights on behalf of the ______ party.
6, due to the performance of this contract there is a breach of contract, should be borne to the other party in accordance with the total price of the house of three thousandths of a day liquidated damages.
7, this contract in triplicate. A and B each sign a copy, the housing registration department archives a copy.
8, the contract dispute resolution: disputes occurring in the course of performance, the two sides can be resolved through negotiation, consultation fails by the Xi'an Arbitration Commission ruling. Both sides of this contract reserved address and contact information as a valid contact information.
9, article of this contract, A and B may be agreed upon, the supplementary agreement signed by both parties and the contract has the same legal effect.
10, the parties agreed on other matters:
___________________________________________________________________________.
Seller (Party A): _______________ Buyer (Party B): _______________
_________ year ________ month _______ day _________ year ________ month _______ day
Model Contract for the Sale and Purchase of Factory Equipment (Part 2)Purchasing unit: Shenyang Jiu Li Building Materials Co. (hereinafter referred to as Party A)
Supply unit: Shenyang Hanwei Machinery Manufacturing Co. (hereinafter referred to as Party B) Based on the "Chinese People's **** and the State of the contract law", the A and B sides after friendly consultation, reached the following agreement:
A, the subject of the contract (name, specifications, models, unit price, etc.)
Name of the equipment: DH-213D large plastic machine
Quantity: 2 sets
Unit price: 3.7 million yuan Installation fee: 160,000 yuan Total: 7.56 million yuan
Second, the amount of the contract
The total amount of the contract: 7.56 million yuan Uppercase: seven hundred and fifty-five million yuan
Third, the payment time and mode
The contract for a second time Payment: within 15 days after the contract comes into force, Party A pays Party B 60% of the total contract amount; equipment installation and commissioning is completed, and preliminary acceptance within one week, the equipment is running normally, by both sides of the official acceptance within one week, Party A pays Party B 35% of the total contract amount; warranty period expires after the payment of the balance of the payment
2, in the contract payment 2 days before the payment of the contract amount, Party B to the Party to issue an equivalent amount of Value-added tax coupon
Fourth, delivery time, place, mode
1, delivery time: delivery within 20 days after the contract comes into effect
2, delivery place: Party A designated
3, delivery mode: Party B is responsible for the transportation of goods
4, freight mode: steamship
5, Party B will be the contract equipment transported to the enterprise and after the installation and commissioning, put into use and after Party A inspection The equipment will be delivered only after it is installed and commissioned, put into use and accepted by Party A. (According to the actual situation, the delivery date will be agreed upon. (According to the actual situation agreed delivery date and what is delivery: such as the provisions of the supply side of the equipment will be installed and commissioned, put into use as delivery, the equipment through the acceptance of the Party A time to agree on a clear) Party A in the contract agreed to pick up the delivery location, transportation costs and transportation insurance are borne by Party B. The contract equipment damage, loss, loss of life and damage to the equipment. Contract equipment damage, risk of loss since the completion of the delivery of Party B transferred to the Party.
6, Party B shall notify Party A of the shipment situation (shipment time, number of pieces, etc.) within one working day after the shipment of the contracted equipment, and Party A shall pick up the contracted equipment consigned by Party B in a timely manner after the contracted equipment arrives at the location specified in the contract.
7, Party A to extract the contract equipment, should check the contract equipment packaging. Contract equipment packaging is undamaged, before picking up. If the contract equipment packaging damaged or found that the number of pieces of contract equipment packaging box does not match, should be notified within 2 working days to Party B, so that Party B for the contract equipment distress claim procedures.
8. Party A shall properly receive and keep the contract equipment delivered by Party B. The misdelivered or over-delivered goods shall be properly stored. Party A shall be responsible for proper storage of wrongly or excessively issued goods and notify Party B in time, and Party B shall bear the costs incurred.
9, such as Party A requires a change in the delivery location, should be in the contract for delivery date of fifteen days before the notice to Party B. Due to the change of shipping address to increase the transportation and insurance costs borne by Party A.
V. Acceptance time, place, standard, mode
1, acceptance time: Party B shall complete the installation and commissioning of the equipment within 30 days after the contract comes into force, after the completion of the installation and commissioning, Party A shall arrange for a preliminary acceptance within 2 days. Equipment within 2 days after the contract comes into force through the two sides of the qualified acceptance and acceptance issued by the Party.
2, acceptance location: Party A equipment workshop
3, acceptance standards: enterprise standards
Six, on-site service (recommended according to the actual situation to be agreed)
1. Supplier on-site personnel should comply with the demand side of the factory rules, systems, if there is a violation of the party responsible for the B.
2.
2. Supplier's on-site personnel will take care of their own food and accommodation.
3. If the demand side needs to invite the supply side to carry out non-quality technical services, the supply side should be assisted.
VII, personnel training
Party B is responsible for Party A operators, maintenance personnel and relevant process technicians for operation training, maintenance training, equipment maintenance training, so that it fully grasp all the use of technology in order to enable Party A personnel to normal use, repair and maintenance equipment. (According to the technical requirements of the equipment, depending on the specific circumstances to be agreed or detailed agreement in the technical agreement; if not necessary, may not be agreed)
VIII, warranty
1, since the date of acceptance of both sides of the equipment by the manufacturer of the provisions of the free warranty service, free warranty service period of 5 years. During the warranty period, Party B must send someone to Party A for on-site maintenance within 3 days after receiving Party A's warranty notice.
2, the warranty period, such as due to fire, flood, earthquake, magnetism and electricity strings into, and other irresistible causes and Party A damage caused by human factors, Party B is responsible for free maintenance, equipment and material costs borne by Party A.
3, the warranty period is 5 years.
3, after the warranty period, Party B must be sent to Party A within days of receipt of Party A repair notice on-site maintenance. The maintenance and replacement of equipment, Party A discretionary cost and service fees, fees agreed separately.
IX. Liability for breach of contract
1, Party A returns the product halfway without any reason, it should pay Party B 5% of the total amount of liquidated damages.
2, Party A late payment, each day late, should pay Party B 2 ‰ of the total contract amount of liquidated damages, liquidated damages cumulative total of not more than 5% of the total contract amount.
3, Party B late delivery, each day late, should pay 1% of the total amount of the contract liquidated damages, liquidated damages cumulative total of not more than 30% of the total amount of the contract. Late delivery of more than 10 days, as delivery can not, Party B should double back to Party A has paid, Party A has the right to terminate the contract and require Party B to pay 30% of the contract amount of liquidated damages.
4, the warranty period, Party B failed to fulfill the warranty obligations in the contract within the agreed period of time, for each day of delay, Party B to Party A to pay 1% of the contract amount of liquidated damages and compensation for other economic losses, liquidated damages cumulative total of not more than 30% of the total contract amount, Party B more than thirty days still did not fulfill the warranty obligations, Party A has the right to terminate the contract and demand compensation for economic losses; Party B failed to receive notice from Party A within thirty days of the equipment will be delivered to Party A within thirty days, Party B has the right to terminate the contract and request compensation for economic losses. Party B fails to repair the equipment to normal use within thirty days after receiving Party A's notice, Party A has the right to request Party B to replace the goods or terminate the contract and request Party B to compensate the economic loss. After the warranty period, Party B fails to fulfill the maintenance obligations within the period agreed in the contract, for each day of delay, Party B to Party A to pay 1% of the contract amount of liquidated damages and compensation for other economic losses, liquidated damages cumulative total of not more than 30% of the total amount of the contract.
5, the equipment is not in accordance with the agreement of the contract through the acceptance of the Party A, each delay of one day to the Party A to pay the total contract amount of 1% liquidated damages; more than one day is still not accepted, the Party A has the right to terminate the contract, the Party B should be immediately returned to the amount received and compensation for the Party A suffered from the other economic losses.
X. Force majeure
If force majeure occurs, the party affected by force majeure events should obtain a notary public can not perform or can not perform the contract in full, and within 15 working days after the occurrence of the event, timely notification of the other party. Both parties agree that they may be exempted from all or part of the responsibility accordingly.
XI, the contract changes, the two sides to negotiate the settlement of outstanding issues; changes and modifications to the contract shall be agreed by both parties to change in writing.
XII, dispute resolution If there is a dispute between the two sides, should be resolved through consultation; if the consultation fails, either party should be to the People's Court of the location of the Party to file a lawsuit.
XIII, the entry into force of the contract and termination of the contract since the two sides signed and sealed the contract came into force, the rights and obligations of both parties to fulfill the completion of the contract, the contract is terminated.
XIV, the contract in quadruplicate, each side of the two copies, with the same legal effect.
Party A: Shenyang Jiu Li Building Materials Co. Party A: Shenyang Hanwei Machinery Manufacturing Co.
Representative: Liu Jiashan Representative: Li Jun
Time: May 15, 20__
May 15, 20__ 6 Time:
Factory Equipment Sale and Purchase Contract Model (Part 3)Name of the first party (seller):
Registered address:
Registered Address:
Business License No.
Bank of Account:
Account No.
Legal Representative:
Contact No.
Appointed Agent:
Contact No.
Name of Party B (Buyer):
Registered Address. Business License No.
Bank of Account:
Account No.
Legal Representative:
Contact No.
Appointed Agent;
Contact No.
In accordance with the "People's Republic of China*** and the National Code of Laws and Regulations" and other relevant laws and regulations, the above parties, on the basis of voluntariness, equality and consensus, enter into the following contract for observance. The following contract is entered into for compliance:
Article I. Agreement on the products sold
Product name:
Specification:
Applicable car models:
Brand name and trademark:
Unit of measurement:
Quantity:
Unit price: CNY Yuan
Total price: CNY (￥) (￥ yuan). Upper case) (￥ yuan)
Article II Agreement on quality requirements and technical standards
The product is executed according to "Technical Conditions for Automotive Electrical Equipment".
Article 3 Party A is responsible for three packages for the quality of the products with original packaging, original sealing and original marking intact and without any abnormality, and the period of the three packages is one year;
Article 4 Agreements on the place of delivery, mode of delivery and acceptance
Place of delivery:
Mode of delivery:
Party B shall carry out acceptance inspection of the received goods in accordance with the quality standard determined in the second article. Acceptance should be completed within days from the date of receipt of the goods; objections to the quantity and quality of the goods, etc., should be received within days of the expiration of the acceptance period to Party A in writing; overdue objections, the goods proposed by Party A is deemed to meet the contract requirements.
Article V on the mode of transportation and the cost burden agreement
The product is transported by road;
Freight and miscellaneous costs: freight and miscellaneous charges, insurance, etc. borne by Party B.
Article 6 Agreement on Reasonable Loss
Calculation of reasonable loss:
Article 7 Agreement on Packaging
Packaging carton (specification standard), wooden box (specification standard), foam packaging (specification standard);
Packaging costs borne by the party;
Packaging is not recycled.
Article 8 Agreement on Delivery and Acceptance
Delivery, delivery time and quantity:
First quarter:
Second quarter:
Third quarter:
Fourth quarter:
Party B shall accept the goods with the waybill, accompanied by the same list of goods, the certificate of conformity of the product and the contract. If Party B has any objection after receiving the goods, it must notify Party A within ten days after receiving the goods, and attach the commercial inspection report; otherwise, it is regarded as no objection.
Article IX Settlement
Collection and payment, payment by inspection (or payment by inspection);
Settlement period: January 1, 2012.
Article X of the contract on the change or termination of the agreement
After the contract enters into force, both parties shall perform in accordance with the agreement; by mutual consensus, the contract can be changed or terminated, otherwise the contract continues to be effective; other changes, in accordance with the provisions of the law.
Article 11 agreement on the responsibility for breach of contract
Any party violating the provisions of this contract, in accordance with the "Chinese People's *** and the National Code," the relevant provisions of the responsibility for breach of contract.
Article 12 Agreement on Dispute Settlement
Any dispute arising out of or in connection with this contract shall be resolved by the parties to the contract through consultation, or mediation by the relevant authorities. If the negotiation or mediation fails, the dispute shall be settled in the following ways:
(1) Submit to the Arbitration Commission located in (place) for arbitration. The arbitration award is final and binding on all parties;
(2) To the people's court of competent jurisdiction in the location according to law.
Article 13 Matters not covered in this contract shall be resolved by the parties through separate negotiations, the results of which shall be attached to this contract in writing, the terms of which shall have the same effect as this contract.
Article 14 This contract is in one copy, each party to the contract; each copy of the contract has the same legal effect. This contract shall enter into force after it is signed by all parties.
Party A (seal): Party B (seal):
Legal representative (signature): Legal representative (signature):
Entrusted by the agent (signature): Entrusted by the agent (signature):
Time: January, 2012
Identification (notary) opinion:
identification (notary) organ (chapter), the person in charge. :
Time: Month of the year
Sample Contract for the Sale and Purchase of Factory Equipment (Part 4)Transferee: _______________ Address: _________________ Legal Representative: ___________
Transferee: _______________ Address: _________________ Legal Representative: ___________
In order to realize the needs of production and operation, Party A intends to acquire the machinery and equipment owned and controlled by Party B. By the consensus of Party A and Party B, we hereby sign this contract:
Article I. Equipment Name, Specification, Quantity, and PriceThe equipment transferred by Party B to Party B includes monitor production equipment, Injection molding production equipment, power supply equipment, transportation equipment and other equipment, see details, the original value of the equipment _______ yuan, by mutual agreement the price of _______ yuan.
Article II payment within seven days after the entry into force of this contract to pay the RMB __________, the rest of the price in the _____ year after the quarterly payment, of which the ________ year to pay ______ per quarter, _______ year after the payment of _______ per quarter.
Article 3 Delivery Time of Equipment After receiving the RMB ________ paid by Party A, Party B will deliver the machine and equipment to Party A in _______ working days.
Article IV patented and non-proprietary technology Party B will be formed for the normal use of the equipment under this contract, patented or non-proprietary technology.
Article V Representation Guarantee Commitment Party A's Representation, Guarantee and Commitment:
1. Party A is a company established and validly existing according to the current valid laws of the People's Republic of China*** and the State of China
2. Party A has the right ability to be assigned the transfer of the equipment and the ability to act
3. Party A has been assigned to the Party B's equipment, the shareholders have been convened and made a resolution agreeing to be assigned in accordance with the provisions of the Articles of Association of the company. Make a resolution of consent to be transferred.
Party A: ________________ Party B: ________________ Date of signing: _______________ Date of signing: ________________
Factory equipment sale and purchase contract model (Article 5)Industry? Industry? Product? Product? Buy? Sell? The contract is not a contract for the purchase of products. Contract
(Note: Applicable to the equipment purchase contract of each company)
Party A (buyer):? Contract No.
Place of performance: City? District/County
Party B (seller):? Time of signing: ? Year? Month
Article 1? Subject, quantity, price and delivery time
Name of the subject
Specifications
Number? Quantity
(units/sets)
Unit price
(yuan/)?
Amount (yuan)
Delivery period
The goods will be delivered to Party B within __ days after the contract comes into effect, and the installation and commissioning will be completed within __ days.
Total RMB amount in capitals: including full VAT invoice, tax rate %.? ￥:
Remarks: The price details of complete sets of equipment are shown in the attachment
The second quality standard: the equipment meets the national standards and/or the requirements of the "equipment technical indicators" provided by Party B, and can meet the production needs of Party A. The equipment will be delivered to Party B's company within __ days.
Article 3? Party B is responsible for the quality of the conditions and period: the warranty period of one year, since the installation and commissioning of the acceptance of the two sides signed a written acceptance of the date of the report, quality problems during the warranty period, Party B free of charge to repair, replacement, repair or replacement of three times after the production needs of Party A can not be met, Party A has the right to repair or replacement, and all the costs and consequences arising from the Party B to bear.
Article 4 Packaging standards, supply and recovery of packaging: standard packaging, packaging without billing and recovery.
Article V? Random necessities, accessories, tools quantity and supply method: (here according to the actual situation agreed)
Party B should provide equipment for the first time to provide equipment installation diagrams, process flow diagrams, design drawings, certificates of conformity, operating passwords and to ensure that meet the acceptance of the equipment for normal production of all relevant materials necessary).
Article 6 reasonable loss standard and calculation method? Here according to the actual situation agreed?
Article VII of the subject matter of the transfer of ownership from the time of delivery.
Article VIII delivery (pick up) mode and location: Party B to the Party A company yard and unloading to the Party A designated location, unloading completed as delivery.
Article IX mode of transportation and arrival station and cost burden: (mode of transportation, according to the actual situation agreed), Party B is responsible for the transportation and bear the cost, Party B is responsible for the unloading and bear the cost.
Article X inspection standards, methods, locations and deadlines:
1. After the goods to Party A's company, Party A on the number of equipment, the appearance of the initial inspection; equipment installation and commissioning is completed, no quality problems after three months of normal operation by the two sides *** with the quality of the equipment acceptance, acceptance of both sides of the qualified issued on behalf of the two sides signed and stamped the company's official seal of the written acceptance report, acceptance If the quality is unqualified, Party B shall repair, replace or rectify the equipment free of charge in accordance with Party A's requirements. Acceptance of quality problems during the warranty period, Party B should be free of charge in accordance with Party A's requirements in a timely manner to repair, replacement, to ensure that the normal operation of the equipment, and recalculate the warranty period.
2. Equipment installation and commissioning by Party A into production trial run found that there are quality problems, Party A promptly notify Party B, Party B received a letter within 5 days after the letter should be promptly arranged for personnel to carry out maintenance and rectification, in order to achieve the Party contract and the use of purpose. If overdue, Party A has the right to unilaterally or entrust a third party to transform the equipment, the transformation behavior is considered to be Party B agreed, after the repair, transformation still can not meet the production needs of Party A, Party B equipment is considered unqualified quality.
3. All related materials such as acceptance report and equipment quality shall be stamped by Party A to be valid.
Article 11? Installation and commissioning of complete sets of equipment: Party B is free to install, commissioning, to meet the acceptance criteria.
Article 12? Settlement mode, time and place: the goods to the company after the initial inspection, Party B issued a full VAT invoice to pay the total contract price of %; equipment installation is completed to pay? %; debugging completed normal operation for three months without quality problems and issue a written acceptance report to pay the total contract price of ? %, the remaining 10% as a warranty, in the warranty period and by both parties to confirm in writing that no quality problems after the interest-free payment.
Party B's collection account name: ?
Name of the bank: ?
Account number of the opening bank:
Article 13? Guarantee mode:? According to the actual situation agreed
Article 14? The conditions for the termination of this contract: one party defaults on the contract and fails to realize the purpose of the contract, the other party has the right to terminate the contract.
Article 15? Liability for breach of contract: Party B fails to perform, incomplete performance of this contract, shall bear 30% of the total contract price of liquidated damages; Party B did not deliver the goods according to the agreed time, or delivery of the delayed installation is completed, per day in accordance with the total contract price of 3 ‰ to bear the liquidated damages; equipment debugging during the quality of the problem should be received by the Party B notification (including courier, e-mail, fax, etc.) should be repaired in a timely manner within five days, replacement, rectification, otherwise Otherwise, Party B shall bear liquidated damages according to 1‰ of the total contract price per day; if there is any quality problem during the warranty period, Party A has the right to reduce the contract price in accordance with the actual operating capacity of the equipment after repairing, replacing or rectifying the problem and Party B has to bear liquidated damages of 30% of the total amount of the contract. If the above situation still fails to meet the purpose of the contract after 3 times of repair and rectification, Party A has the right to terminate the contract, and has the right to ask Party B to compensate for the loss and bear 30% of the liquidated damages. After 3 times of repair, replacement, rectification and still not qualified as Party B does not fully fulfill the contract.
Article XVI of the contract dispute resolution: the contract in the course of the dispute, the parties to the negotiation to resolve; consultation fails, the two sides agreed to Party A to the seat of the court ruling.
Article 17? This contract in duplicate, each party to sign a copy, since the two sides signed the effective date.
Article 18? Other matters agreed:
1. Party A has the right to refuse payment if Party B fails to issue full VAT invoice, and the responsibility will be borne by Party B.
2.
2, the two sides signed a separate written supplemental agreement for any outstanding matters, and the altered part of the contents mentioned in this contract is invalid.
3, Party A and Party B confirm the following:
Party A confirms the delivery address: ? ,
Contact e-mail.
Party B confirms the delivery address: ?
Contact e-mail:.
If both sides of the information adjustment, should be within 3 days in writing to the other party to explain the adjustment; if both sides did not fulfill the obligation to notify in writing, a party to mail the relevant materials at the original address or notification of the relevant information that is considered to have fulfilled the obligation to serve. If the above materials are delivered in person, they shall be deemed to have been served at the time of delivery; if they are delivered by post, SMS, fax, e-mail, micro letter, etc., they shall be deemed to have been received by the other party if the system does not show any abnormality after they are sent out, issued or mailed.
4, "equipment specifications", "safety production agreement", "integrity agreement" and fax, e-mail correspondence, etc. is an integral part of the main contract, and the main contract has the same legal effect.
5, the installation and commissioning process to be filed in the government administration of the written material is not as a basis for acceptance of the equipment.
Seller
Unit Name (Chapter):
Unit Address:
Legal Representative:
Appointed Agent:
Tel:
Fax:
Zip:
Buyer
Unit Name (Chapter):
Unit Address:
Legal representative:
Entrusted agent:
Telephone:
Fax:
Zip code: