Party B:
Party A, due to the business needs of Party B to install some of the products, the two sides, after consultation, reached the following letter of agreement:
First, the name of the project and the location of the installation:
Second, the name of the product installed, specifications, models, quantities and installation of remuneration:
Name Specifications Model Quantity Installation
Total
Third, the completion of the installation period:
from January to January
Fourth, the quality of installation requirements:
Fifth, the installation of the safety responsibility:
Party B to ensure that the specification, the safe completion of the installation of the above, the installation of the process of damage to persons, property, such as the occurrence of accidents, party B Take full responsibility or loss, and Party A has nothing to do;
Six, the settlement of the installation remuneration payment time:
Seven, breach of contract: Party B every day late, pay liquidated damages of yuan; Party A late payment, in accordance with the daily two-thirds of a point to compensate for the loss of interest;
Eight, such as disputes arising out of the Agreement, the two sides to negotiate a solution, failing to be referred to the People's Court of xxx County referee. County People's Court referee.
IX, this agreement by the two sides after the signing of the seal, the agreement in duplicate, the two sides of a.
A party to the agreement, the first party to the agreement, the second party to the agreement.
Party A: xxx factory Party B:
Year month
--------
Name of the project: _________
Contract No.: _________
_________ Engineering Company (hereinafter referred to as the buyer) and _________ Sporting Goods Supply Co. (hereinafter referred to as the Seller) for the goods and services provided by the Seller to the Buyer for the _________ Stadium Shooting Hall Equipment Project, by consensus between the Seller and the Buyer, sign this contract, *** with the observance of the following terms and conditions:
One, the subject matter of the contract
1. The subject matter of the contract is the equipment system for the shooting hall of the _________ Stadium, including the supply of equipment and services.
1.1 All the seller's supply and service must make the completion of the shooting gallery equipment system fully meet the requirements of the technical specifications, technical specifications for details see the contract annex (1) omitted;
1.2 The seller for the buyer to design, manufacture and provide the system of equipment and materials required, the detailed list of the contract annex 2 (omitted);
1.3 The seller to the buyer to provide the supplied The seller shall provide the buyer with the following services for the goods supplied: design, training, installation, testing and acceptance, service during the _________ campaign, quality assurance, after-sales service, etc.;
1.4 The seller shall effectively manage all the work undertaken by it under the contract to ensure that the progress of the work is in accordance with the requirements of the contract, Annex 3 (omitted).
2. The name, model, specification, quantity, and delivery time of the goods are shown in the table (omitted). Delivery time of equipment: _________ _________ month _________ month; equipment start installation time: _________ _________ month; equipment commissioning and acceptance completion time: _________ _________ month. Specific scope of supply, technical specifications and technical drawings, engineering execution plan time details see the contract annex (omitted).
Two, price
1. The total contract price: (RMB) capital _________ (￥ _________).
2. The price of all the goods includes all the costs of manufacturing, packaging, taxes, tariffs, commodity inspection fees for the mainframe and random accessories, as well as the installation of the withering test, acceptance, training, technical services (including the provision of technical information, drawings), warranty period protection.
3. The price of this contract is fixed.
4. If the product of unit price and quantity is inconsistent with the total price, the unit price shall prevail and the total price shall be revised.
Three, the origin of the goods and standards
1. Origin
Goods for _________ meter electric target, control table, total console of _________ Instrumentation Factory, _________ meter lifting and lowering target of _________ Athletic Sports School of _________ Aerospace Science and Technology Group Inc. _________ meter conveyor target of _________ Institute, _________ meter moving target of _________ Electronic Equipment Factory of _________ City, and brand new (original) products of _________ Shooting, Electronic Reporting Target System of _________ Company.
2. Standards
The goods and services referred to in this contract shall be in accordance with the standards of the National Sports Commission's Sports Equipment and Equipment Validation Committee and the International Joint Shooting Committee.
IV. Delivery
1. Place of delivery: _________ City _________ District _________ Town _________ Sports Training Base _________ Gymnasium Shooting Hall site ground. 2. After receiving the advance payment from the buyer on schedule, the seller shall deliver the goods to the owner after unloading the goods (together with the list of goods) at the place of delivery of the contract in accordance with the delivery time required by Article 1 of this contract.
V. PACKAGING, SHIPPING AND TRANSPORTATION
1. Packaging must be appropriate to the mode of transportation, and the seller shall be responsible for determining the mode of packaging and the cost of packaging; the seller shall be responsible for any damages to the goods in the course of transportation due to improper packaging.
2. Packaging should be sufficient to withstand the entire process of transportation, transshipment, loading and unloading, storage, etc., taking full account of the various conditions during transportation (such as exposure to adverse weather, etc.) and _________ the climatic characteristics of the region, as well as the need for open-air storage.
3. Specialized tools and spare parts should be packaged separately and their use should be indicated outside the box.
4. Two sides of each box with indelible paint and visible Chinese characters to make the mark. Markings include: box (piece) number, gross weight, size (length _________ width _________ height in mm), net weight (kg), delivery address, consignee's name, the contract number, and "do not near the wet", "careful and light", "this is a lightweight ", "this side up" and so on.
5. Packing and freight charges are included in the contract price.
6. Insurance
All insurance costs before the goods arrive at the place of delivery (insured at _________% of the value of the total price of the goods) and the personnel sent to the buyer to carry out the service are insured against personal and other relevant risks, which are the responsibility of the seller.
VII. Shipping Documents
The original of the following documents shall be handed over to the buyer at the same time of delivery in case of transportation by rail, ship or air, while the copies (or photocopies) of the documents shall be handed over to the buyer _________ days before delivery:
1. Packing list in one _________ copy, indicating the contract number, shipping mark, contents of the goods, the size and weight of each package;
2. weight;
2. One _________ copy each of quality and quantity certificate issued by the manufacturer.
VIII. Payment
1. Within _________ days after the signing of this contract, the buyer pays _________% of the total contract price, i.e., ￥ _________ to the seller as an advance payment for the contract;
2. Within _________ days after all the contracted goods arrive at the contracted place of delivery and are unpacked and inspected, the buyer pays _________% of the total contract price, i.e., ￥ _________ to the seller as an advance payment for the contract. Pay _________% of the total price of the contract i.e. ￥ _________ to the seller.
3. All goods installation and commissioning pre-acceptance of _________ days to pay _________% of the total contract price of $ _________ to the seller.
4. _________ days after the end of the _________ campaign, the buyer pays _________% of the total contract price of ￥ _________ to the seller.
5. Payment: by check, bank draft and wire transfer.
9, performance bond
1. The seller shall, upon receipt of the "Notice of Award", at the buyer's request to submit to the buyer in favor of the buyer in the amount of _________% of the total contract price of ￥ _________ performance bond.
2. In the event that the Seller fails to fulfill any of its obligations under this contract, resulting in a liability for breach of contract, the Buyer shall be entitled to indemnify it against any direct loss from the funds of the performance bond.
3. The performance bond is valid until the expiration of the warranty period of the goods, if the extension of the delivery period causes the warranty period to be extended, the seller is obliged to extend the validity period of the performance bond.
4. The performance bond shall be in Renminbi and shall be submitted in the following manner: one original and two copies of bank guarantee in the form provided in the bidding documents (or other forms acceptable to the buyer) submitted by a reputable domestic bank acceptable to the buyer.
5. The Buyer will return the Performance Bond to the Seller within _________ days after the Seller has completed its contractual obligations (including any warranty obligations).
X. Technical Documents
1. The Seller shall provide the Buyer with all technical documents relating to the execution of this contract at the same time of delivery. If the project is necessary but the contract does not provide for the seller to provide technical documents, the seller should also provide the buyer in a timely manner. Technical documents may be manuals, drawings or other forms of documentation. 2. 2. The above technical documents shall contain all the contents necessary to ensure that the Buyer can correctly carry out the installation, operation, inspection, repair, maintenance, testing, commissioning and operation.
3. The Seller shall be liable for any damage to the system and/or equipment or parts thereof arising from any installation, operation, inspection, repair, maintenance, testing, commissioning carried out by the Buyer in full accordance with the instructions in the technical documentation.
4. The Seller shall provide the Buyer with two sets of the above technical documents in accordance with the Buyer's requirements.
5. The full cost of all technical documentation supplied by the Seller is included in the price of the contract goods.
6. All technical documents to be supplied by the Seller, for which no delivery time is specified, must be delivered to the Buyer in separate packages with the equipment at the time of delivery of the goods.
7. If the buyer finds that the seller has not provided the relevant documents after the receipt of the goods, the buyer may postpone the payment until the seller makes up the relevant documents.
XI. Intellectual property rights
1. The seller shall guarantee that the buyer shall be immune from any action brought by a third party for infringement of its patent, trademark or other intellectual property rights when the buyer uses the goods or any part of the goods in the People's Republic of China. In case of such disputes, the seller shall bear all responsibilities.
2. The right to use the technical data and software provided by the seller for the execution of this contract shall belong to the buyer.
XII. Accompanying Services
1. Design
1.1 The Seller must cooperate with the Buyer's construction design, and provide the Buyer with the detailed information necessary to satisfy the construction design within _________ days after the effective date of the Contract.
1.2 The Seller shall complete the review of the design carried out by the Buyer in connection with the selection of the Seller's products, if it is submitted to the Seller for review, within _________ days, confirming or advising on such design.
2. Installation and commissioning
2.1 The seller must provide the buyer with the materials and technical information necessary for the installation of the contract equipment.
2.2 The seller sends suitable personnel to the site for installation and commissioning work immediately after the arrival of its own goods. The installation and commissioning time is _________ days.
2.3 If the content of the work completed by the seller does not meet the requirements of the contract, the owner may request the seller to be responsible for repairing and completing the work. Seller can not make the content of the work to meet the requirements of the contract, the owner may require the seller to make compensation.
2.4 The seller shall ensure the safety of the construction site. The seller shall bear the losses caused by the seller's negligence.
2.5 If there are subcontractors, the seller shall be liable for the damages caused by the negligence of its subcontractors.
3. Testing and pre-acceptance
3.1 The seller must provide the buyer with a testing and pre-acceptance program in accordance with the technical specifications of the contract at the same time of delivery.
3.2 The buyer to organize testing and pre-acceptance work, pre-acceptance, the buyer and seller to sign the pre-acceptance certificate.
3. 3. 3 If the seller does not carry out the work according to the above requirements and the time arranged by the buyer, the buyer has the right to postpone the payment in the corresponding payment period until the seller completes the work in this period.
4. Training
4.1 The Seller is responsible for providing on-site operation and maintenance training programs and training materials in one _________ copy.
4.2 The seller is responsible for the buyer's trainees to operate, maintenance training, through the trained personnel to issue a training certificate.
Thirteen, acceptance and warranty period
1. After the goods arrived at the delivery site, the buyer and seller need to immediately send representatives to the work site, both sides for acceptance outside the box. Inside the box by both sides in the installation before (after the arrival of _________ days) to agree on a one-time **** with the opening and acceptance, such as the discovery of missing, damaged parts, the seller must be made up in a timely manner to the buyer, such as the result of the delay in the schedule, the buyer has the right to claim for the delayed delivery.
2. After the installation and commissioning of the contract goods, in accordance with the technical specifications of the contract, the manufacturer's technical specifications for pre-acceptance, pre-acceptance, the buyer signed the pre-acceptance certificate. If the acceptance inspection finds that the supplied goods are not manufactured according to the contract, the buyer has the right to make a claim. After acceptance, both parties shall sign the pre-acceptance certificate in _________ copies, one for each party. 3. The seller must ensure the normal use of the whole system during the _________ Games, and send someone to carry out on-site maintenance during the _________ Games to deal with the problems in time.
4. The quality assurance period of this contract (referred to as the "warranty period") is _________ years from the date of the end of the Games (or _________ months after the arrival of the contract goods). During the Warranty Period, the Seller shall carry out the "three guarantees" of quality.
5. After the expiration of the warranty period, if there is a failure of the parts and components, identified by the authority of the life of abnormal problems (obviously shorter than the normal life of the parts), the seller is responsible for the free replacement and repair.
6. After the expiration of the warranty period, at the request of the buyer, the seller should refer to the market price at that time, preferential to the buyer to provide the necessary spare parts.
7. The seller shall cooperate with the buyer in time during the acceptance inspection conducted by the relevant departments. If the seller fails to be present in time to cooperate with the acceptance inspection after the buyer's notification, the seller's contractual obligations will be regarded as unfinished, and the buyer shall have the right to claim for any loss caused by the seller.
8. The seller's goods do not meet the quality requirements, resulting in failure to achieve the purpose of the contract, the buyer may refuse to accept the goods or terminate the contract. If the buyer refuses to accept the goods or terminate the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
9. Final acceptance: after the expiration of the warranty period, the buyer organizes the relevant departments in accordance with the standards set forth in the contract for final acceptance.
XIV. Claims for objections
The seller agrees that the buyer shall choose the following methods to solve the claims:
1. The seller is responsible for the equipment supplied is not in conformity with the requirements of the contract. The seller agrees that the buyer rejects the goods and pays the amount of the rejected goods to the buyer in the same kind of currency as stipulated in the contract, and the seller bears all the losses and expenses incurred. This includes bank interest, transportation and insurance costs, inspection costs, installation costs, storage and handling costs, and other necessary costs required for the custody and protection of the rejected goods;
2. If the goods are found to be damaged or defective upon arrival, the price of the goods shall be reduced by mutual agreement, according to the extent of the defects and damages to the goods, and to the amount of the damages suffered by the buyer;
3. Defective parts, components and equipment, the seller shall agree to pay the buyer in the same currency as specified in the contract, and the seller shall bear all losses and expenses incurred thereon, For defective parts, components and equipment, the seller shall agree to replace them to meet the specifications, quality and performance as stipulated in the contract, and the seller shall bear all the costs and risks as well as all the losses suffered by the buyer. At the same time, the seller shall extend the warranty period of the replaced goods accordingly.
4. The seller shall bear all losses caused by installation.
5. The claim shall be deemed to have been accepted by Seller if Seller does not respond within _________ days of Seller's receipt of the claim. If Seller fails to settle the claim in accordance with the method chosen by Buyer within _________ days after Seller's receipt of the notice of claim or within such extended period as may be agreed to by Buyer, Buyer shall be entitled to recover the amount of the claim from the prepaid purchase price or from the performance bond issued by Seller, while reserving the right to make further demands for the claim.
Fifteen, force majeure
1. When the delivery of goods cannot be made in accordance with the contract due to unforeseen accidents caused by generally recognized human force majeure, the seller shall immediately notify the buyer in writing to prove the existence of the accident.
2. After the occurrence of force majeure events, the parties shall endeavor to seek to take reasonable programs to perform other matters not affected by force majeure. If the force majeure continues to exist, resulting in failure to deliver the goods within _________ days after the delivery date specified in the contract, the buyer shall have the right to terminate the contract, in which case neither the buyer nor the seller shall have any claim against each other. The buyer shall not be liable for the termination of the contract and shall not forfeit the performance bond. However, the seller must return the advance payment paid by the buyer in full with interest within _________ days.
Sixteen, late completion and late payment penalties
1. If the seller can not be completed in accordance with the time specified in the contract (in addition to the force majeure factors in Article 14 of this contract), the seller must pay liquidated damages to the buyer, the rate of liquidated damages at the rate of the total amount of the goods per day _________ ‰. If the Seller fails to complete the work even after the deadline of _________ days, the Buyer shall have the right to terminate the contract, and the Seller shall pay to the Buyer the liquidated damages at the rate of _________‰ per day of the total value of the goods (the time of calculation shall be from the date of receipt of the prepayment by the Seller to the date of payment of the liquidated damages), and the Seller shall immediately pay the Buyer the penalty which is double the amount of the prepayment, and the liquidated damages shall not be sufficient to compensate the Buyer for the Seller's default. If the above amount of liquidated damages is still insufficient to compensate the buyer for the loss caused by the seller's default, the buyer shall have the right to make further claims against the seller. 2. If the buyer cannot pay the advance payment to the seller within the period specified in the contract, the seller has the right to postpone the delivery of the goods; if the buyer does not pay the advance payment for more than _________ days after the payment time specified in the contract, the seller has the right to terminate the contract, and then the buyer shall pay the liquidated damages to the seller at the rate of _________% of the total amount of the goods: if the buyer fails to pay the price of the goods to the seller according to the date specified in the contract, the buyer shall also pay the resulting liquidated damages. If the buyer fails to pay the seller on the date specified in the contract, the buyer shall also pay the resulting liquidated damages, which shall be calculated according to the amount of the arrears of _________‰ per day until the amount is paid off. If the buyer still fails to pay for more than _________ days after the contractual payment period, the buyer shall compensate the seller for any loss caused by the buyer's failure to pay.
3. This contract for the buyer's payment and the seller's completion of the conditions precedent agreement, according to the agreement.
XVII. Transfer of title and risk
1. The title to the goods shall be transferred from the seller to the buyer only when the seller transports the equipment and materials to the place of delivery and delivers them to the buyer.
2. The risk of damage to or loss of the goods shall pass from the seller to the owner when the goods arrive at the buyer's warehouse and are opened and inspected by the buyer and the corresponding report is issued.
3. In case of refusal of acceptance or in case of termination of the contract, the risk of damage to or loss of the goods shall be borne by the seller.
4. The transfer of property rights and risks does not affect the buyer's right to demand that it be held liable for breach of contract because the seller's performance of its obligations does not conform to the agreement.
5. The risk of destruction or loss of the goods in transit, which are handed over by the seller to the carrier for transportation, shall be borne by the seller.
Eighteen, the settlement of disputes
1. All disputes arising from this contract, the buyer and the seller should first be resolved through friendly consultation, such as after consultation still can not reach an agreement, either party can file a lawsuit to the court.
2. The place of jurisdiction for the litigation of this contract shall be the court of _________ having jurisdiction.
3. During the court proceedings, the other parts of the contract shall continue to be performed except for the matters submitted to the court.
4. This contract shall be interpreted in accordance with the laws of the People's Republic of China*** and the State of China.
Nineteen, notice
1. The notice of one party to this contract to the other party shall be in writing and delivered to the address of the other party specified in the contract, telex or facsimile to be confirmed in writing by the other party, notice in the form of telegrams, telegrams from the local post and telecommunications office to send the telegrams of the _________ day is deemed to have been served.
2. The notice shall take effect on the date of delivery or on the effective date of the notice, whichever is later.
Twenty, Taxes and Duties
1. All taxes and duties levied by the Chinese government on the Buyer in accordance with the current tax laws in force in connection with this contract shall be borne by the Buyer.
2. All taxes and duties imposed by the Chinese government on the Seller or its employees in accordance with the current tax laws and regulations in relation to this contract (including but not limited to import tariffs on equipment and components, and domestic value-added tax on all goods) shall be borne by the Seller.
3. All taxes and charges incurred outside China in connection with the execution of this contract shall be borne by the Seller.
XI. Entry into force of the contract
This contract shall enter into force after the following two conditions have been met:
1. The contract shall enter into force after it has been signed and sealed by the authorized representatives of both parties, and the date of the contract signing shall be based on the date of the last signing;
2. The seller has submitted the performance bond as required.
22, other
1. Bidding documents, bidding documents, notification of award and all attachments to this contract are valid parts of the contract and have the same legal effect as this contract. If there is any contradiction, the contract, the contract annexes, the bidding documents, the bidding documents in the order of implementation.
2. In the course of execution of this contract, all the documents signed and confirmed by the buyer and seller (including minutes of meetings, supplementary agreements, and correspondence) shall become an effective part of this contract, and its effective date shall be the date of signature and seal or confirmation by both parties.
3. In the execution of the contract, the seller shall submit to the buyer a management fee of _________% (￥ _________) of the total cost of the contract. This fee shall be deducted by the Buyer on a pro rata basis at the time of each payment.
4. The Seller shall not assign its obligations under the Contract in part or in full except with the prior written consent of the Buyer. 5. This contract shall be executed in _________ copies by each party.
6. This contract is a total of _________ pages of a4 paper, missing pages of the contract is invalid.
Party A (seal): _________ Party B (seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ Date
Place of signing: _________ Place of signing: _________