Purchasing unit: (hereinafter referred to as Party A)
Supplying unit: (hereinafter referred to as Party B)
Signing place:
In order to increase the sense of responsibility of Party A and Party B to ensure the realization of their respective economic purposes, according to the "Chinese People's Republic of China *** and the National Law Code" and the contents of the bidding documents, the A and B through friendly negotiations, the A and the B side of the purchase of Party A reached the following agreement:
A contract subject (name, specifications, model, unit price, etc.)
II. The following agreement:
One, the subject matter of the contract (name, specifications, model, unit price, etc.)
Two, the contract amount The total contract amount: Capital: RMB 10,000 yuan Capital: RMB 10,000 yuan
Three, the payment time and mode
1, the contract is divided into three batches of payment: in the contract comes into force within days, the party to pay the total amount of the contract to the party % of the payment; equipment installation and debugging is completed, and preliminary acceptance of the contract, the party to pay the total amount of the contract to the party. Debugging is completed, and within one week of the preliminary acceptance, Party A pays Party B the total amount of the contract % of the purchase price; normal operation of the equipment days, by both sides of the official acceptance within one week, Party A pays Party B the total amount of the contract % of the purchase price; the warranty period expires after the payment of the balance. (According to the relevant provisions of the bidding documents to change and modify)
2, Links:
3, in each period of the contract payment days before, Party B to Party A to issue the same amount of value-added tax invoices (according to the actual situation to be agreed).
Fourth, delivery time, place, mode
1, delivery time: delivery within days after the contract comes into effect
2, delivery place: consignee name: (should be the name of the contracted unit) Address:
3, delivery mode: Party B is responsible for the transportation of goods
4, freight transportation: steam freight
5, Party B will be the contracted equipment to the industrial city of the United States and after installation and adjustment of the contracted equipment. Party B will deliver the contract equipment to Midea Industrial City and after installation and commissioning, put into use and acceptance by Party A, only after the equipment delivery date. (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 Party A time agreed clearly) Party A in the contract agreed delivery location pick up the goods, transportation costs and transportation insurance premiums borne by Party B. The contract equipment will be delivered to Midea Industrial City and after installation and commissioning, put into use and accepted by Party A. The risk of damage and loss of the contract equipment is transferred to Party A after Party B completes the delivery.
6, Party B shall notify Party A of the shipment status (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 place specified in the contract.
7. When Party A extracts the contracted equipment, it shall check the packaging of the contracted equipment. Contract equipment packaging is undamaged, before picking up. If the contract equipment packaging damaged or found that the number of contract equipment packaging box does not match, should be within one working day to notify 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 wrongly or excessively shipped goods shall be kept in a safe place. Party A shall be responsible for proper storage of wrongly or excessively sent goods and notify Party B in time, and Party B shall bear the costs incurred.
9, such as Party A request to change the delivery location, should be in the contract specified in the delivery date of fifteen days prior to the notice to Party B. Due to the change of delivery address increased transportation insurance fee 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 days after the contract comes into effect, after the installation and commissioning is completed, Party A shall arrange for a preliminary acceptance within days. Equipment within days after the contract comes into effect through the two sides of the qualified acceptance and acceptance issued by the Party.
2. Acceptance place:
3. Acceptance standard:
6. On-site service (it is recommended to be agreed according to the actual situation)
1. On-site personnel of the supplier shall comply with the factory rules and system of the demand side, and Party B shall be responsible for any violation.
2. The on-site personnel of the supplier shall 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.
Seven, personnel training Party B is responsible for Party A operation, maintenance personnel and the relevant process technicians for operation training, maintenance training, equipment maintenance training, so that they 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 agreed in detail in the technical agreement; if not necessary, may not be agreed)
Eight, the warranty mode
1, since the date of acceptance of the equipment by both parties in accordance with the terms of the manufacturer's warranty services, warranty services for a period of years. During the warranty period, Party B must send someone to Party A for on-site maintenance within days after receiving Party A's warranty notice.
2, the warranty period, such as due to fire, flood, earthquake, magnetic string into, and other irresistible causes and Party A damage caused by human factors, Party B is responsible for the maintenance of the equipment and material costs borne by Party A.
3, after the warranty period, Party B must be sent to Party A within days of receipt of Party A maintenance notice to repair the site. The maintenance and replacement of equipment, Party A discretionary cost and service charge, the charges are separately agreed.
Nine, the responsibility for breach of contract
1, Party A returns the goods halfway without any reason, it should pay Party B 5% of the total amount of the contract liquidated damages. (If the other party puts forward similar provisions for this agreement, otherwise, it is recommended that this paragraph be deleted)
2, Party A late payment, each day late, should pay Party B 2? of the total amount of the contract liquidated damages, liquidated damages cumulative total of not more than 5% of the total amount of the contract. (If the other party puts forward similar provisions can be used for this agreement, otherwise, it is recommended to delete this paragraph)
3, Party B late delivery, each day late, shall pay the contract total 1% of the liquidated damages, liquidated damages total cumulative total of not more than 30% of the total amount of the contract. If the delivery is overdue for more than one day, it is regarded as the delivery can not be made, Party B shall double the amount paid by Party A. Party A has the right to terminate the contract and require Party B to pay 30% of the contract amount as liquidated damages.
4. During the warranty period, Party B fails to fulfill the warranty obligation within the period agreed in the contract, for each day of delay, Party B pays to Party A 1% of the contract amount of liquidated damages and compensates Party A for other economic losses, and the cumulative total of liquidated damages does not exceed 30% of the total amount of the contract, and Party B still fails to fulfill the warranty obligation for more than thirty days, Party A has the right to terminate the contract and demand compensation for economic losses; Party B fails to deliver the equipment to Party A within thirty days of notification of Party A. Party B has the right to cancel the contract and request for compensation for economic losses. Party B fails to repair the equipment to the normal use of the state 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 for the economic loss. After the warranty period, Party B fails to fulfill the maintenance obligation within the period agreed in the contract, for each day of delay, Party B pays Party A 1% of the contract amount of liquidated damages and compensates Party A for other economic losses, and the cumulative total of liquidated damages does not exceed 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 1% of the total amount of the contract 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 suffered from the other economic losses.
Ten, force majeure force majeure event, the force majeure event affected by the party should obtain a notary public can not perform or can not perform the contract in full proof, and in the event of 15 working days after the occurrence of timely notice to the other party. Both parties agree that they may be exempted from all or part of the responsibility accordingly.
Eleven, the contract changes, the two sides to negotiate the settlement of any outstanding issues; changes and modifications to the contract shall be agreed by both parties to change in writing.
Twelve, dispute resolution If the dispute between the two sides, should be resolved by negotiation; if the negotiation fails, either party should be to the People's Court of the location of the Party to file a lawsuit.
Thirteen, 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 the two sides to fulfill the contract is terminated.
Fourteen, the contract in quadruplicate, each side of the two copies, with the same legal effect.
Party A: Party B:
Representative: Representative:
Date: Date.