2. A finance lease, also known as an equipment lease or modern lease, is a lease that substantially transfers all or substantially all of the risks and rewards associated with ownership of an asset. Ownership of the asset may or may not ultimately be transferred. The lessor, according to the lessee's specific requirements for the leased object and the supplier's choice, finances the purchase of the leased object from the supplier and leases it to the lessee for use, and the lessee pays the rent to the lessor in installments, and in the lease period, the ownership of the leased object belongs to the lessor, and the lessee has the right to use the leased object. The lease expires, the rent is paid and the lessee according to the provisions of the financial leasing contract to perform all the obligations, the attribution of the leased object is not agreed or agreed to be unclear, can be supplemented by agreement; can not reach a supplemental agreement, in accordance with the relevant provisions of the contract or the custom of the transaction to determine, or can not be determined, the ownership of the leased object belongs to the lessor.
The owner can refer to the above to determine whether you are a financial lease contract.
3. contract template
Contract signing date:
Contract signing place:
Lessor: (hereinafter referred to as Party A)
Legal address:
Postal code:
Legal representative:
Calm:
Telex:
Tel:
Accounting Bank:
Account number. p>
Account number:
Fax:
Lessee: (hereinafter referred to as Party B)
Legal address:
Postal code:
Legal representative:
Telex:
Tel:
Account number:
Fax:
Office of the lessee: (hereinafter referred to as Party B)
Article I Leased Objects
Party A, based on Party B's request and Party B's own choice, finances the purchase of the objects listed in item (1) of the Schedule (hereinafter referred to as the Leased Objects) for Party B for the purpose of leasing to Party B, and Party B leases and uses the objects from Party A. The Leased Objects shall be leased by Party A to Party A, and Party B shall lease and use the Leased Objects.
Article 2 Lease Period
The lease period shall be as stated in item (5) of the Schedule and shall commence on the date of receipt of the bill of lading by Party B as stipulated in paragraph 1 of Article 5 of this Contract or on the date of dispatch of the bill of lading by Party A as stipulated in paragraph 2 of Article 5 of this Contract.
Article 3 Rent
1. Party A finances the purchase of the leased objects for Party B, and Party B shall pay rent to Party A for leasing the leased objects, and the rent and the time, place, currency and frequency of payment shall be in accordance with item (9) of the attached schedule.
2. The rent in the preceding paragraph is calculated on the basis of the estimated cost (hereinafter referred to as the estimated cost) recorded in item (7) of the Schedule. However, when there is a difference between the actual cost and the estimated cost on the date of commencement of leasing of the leased object, the actual cost shall prevail and the rent shall be calculated accordingly.
3. The actual cost in the preceding paragraph is the total amount of all amounts paid by Party A in foreign currency and RMB for the purchase of the leased item and delivery to Party B, the expenses and the interest thereon (the interest thereon shall be calculated from the date of Party A's payment or actual incurring of expenses to the date of the commencement of leasing of the leased item at the interest rate of (%/year) for the foreign currency and (%/year) for the RMB).
4. Pursuant to paragraphs 2 and 3 of this Article, when the actual cost differs from the estimated cost, Party A shall provide Party B with the "Calculation of Actual Cost of the Leased Objects" and the "Table of Actual Rental Rates", notify Party B of the amount of the actual cost and adjustments to items (8), (9), (10), (11) and (12) in the attached table in accordance with the actual cost, and Party B shall recognize the aforesaid adjustments. Such adjustment is not a change or modification of the contract, and Party B pays rent to Party A in the date, amount and currency stated in the Schedule of Actual Rent regardless of whether the Leased Objects are used or not.
5. The currency of this contract is chosen by Party B and shall not be changed during the performance of the contract. Party B shall benefit or bear the profit or loss caused by exchange rate changes.
Article IV: Purchase of Leased Objects
1. Party B selects the leased objects and the seller on its own according to its own needs and by investigating the creditworthiness of the seller. Party B enjoys the full right to decide on the name, specification, model, performance, quality, quantity, technical standard and service content, quality, technical guarantee, price terms and delivery time of the leased objects, and agrees with the seller directly, and Party B takes full responsibility for its own decision and selection. Party A signs the purchase contract with the Seller based on Party B's selection and requirements. Party B agrees and confirms all the terms of the Purchase Contract as stated in item (1) of the Schedule and signs the Purchase Contract.
2. Party B shall provide Party A with such approvals or licenses as Party A deems necessary.
3. Party A shall be responsible for raising the necessary funds for the purchase of the leased objects and shall carry out all the relevant import formalities in accordance with the purchase contract.
4. Customs duties, value-added tax, new state taxes and other taxes to be paid in connection with the purchase of the leased items, domestic freight and other domestic expenses that must be paid shall be borne by Party B, and shall be paid directly by Party B on time in accordance with the regulations and requirements of the relevant authorities. Party A shall not bear any responsibility for this.
Article V Delivery of Leased Goods
1. The leased goods shall be delivered to Party B by the seller or Party A (including its agent) at the place of delivery in item (3) of the Schedule. After Party A receives the bill of lading, Party A will immediately notify Party B by telegram to collect the bill of lading from Party A with the power of attorney, and Party B will issue a receipt for the leased articles to Party A at the same time. After Party B signs and receives the bill of lading, Party A shall be deemed to have completed the delivery of leased objects to Party B. The date when Party B signs and receives the bill of lading is the starting date of this contract. Party B receives the goods at the place of delivery with the bill of lading, and shall not refuse to accept the goods for any reason.
2. If Party B fails to collect the bill of lading on the date notified by Party A or refuses to accept the bill of lading, Party A will send the bill of lading to Party B by registered mail, which will be regarded as the completion of delivery of leased goods by Party A to Party B and the delivery of receipt of leased goods by Party B to Party A. In this case, Party A will send the bill of lading to Party B by registered mail. In this case, the date when Party A sends the bill of lading shall be the commencement date of this contract.
3. When the leased goods arrive at the place of delivery, Party A's transportation agent (shipping company) or Party B will handle the customs declaration and pick-up procedures. And regardless of whether Party B receives the goods in time or not, after the arrival of the leased objects at the delivery location, Party B is responsible for the custody of the leased objects.
4. Party A shall not be responsible for any delay in transportation, unloading and customs clearance caused by force majeure or governmental decree which is not attributable to Party A, thus delaying Party B's acceptance of the leased objects, or causing Party B to be unable to accept the leased objects.
5. After Party B receives the goods at the delivery place, it shall carry out commercial inspection at the place and time specified in the purchase contract in accordance with the relevant state regulations and submit a copy of the commercial inspection report to Party A in time.
Article VI Handling of Defects of Leased Objects
1. Since Party B enjoys the rights stipulated in paragraph 1 of Article 4 of this contract, if the seller delays the delivery of the leased objects, or if the leased objects supplied are not in conformity with the contents stipulated in the purchase contract, or if there is any defect in quality in the process of installation and commissioning and operation and during the period of quality assurance, the seller shall be responsible for the delivery of the leased objects according to the provisions of the purchase contract, and Party A shall be responsible for the delivery of the leased objects in accordance with the provisions of the purchase contract. seller of the contract shall be responsible, Party A shall not be liable for compensation, and Party B shall have no recourse against Party A.
2. The right to claim for late delivery and quality defects of the leased property shall belong to the lessor, who may transfer the right to claim to the lessee in part or in full, and the transfer of the right to claim shall be specified in the purchase contract.
3. The costs and results of the claim shall be borne by the lessee.
Article 7 Custody, Use and Expenses of the Leased Objects
1. Party B shall have full use of the leased objects during the lease period.
2. Party B shall not move the leased object away from the place of setting up as stated in item (4) of the Schedule, transfer it to a third party or allow others to use it unless Party A gives its written consent.
3. Party B shall give good maintenance to the leased articles in order to keep them in normal condition and play normal performance. Party B shall be responsible for the repair and maintenance of the leased objects and shall bear all the costs thereof. If there is a need to replace its parts, without the written consent of Party A, only the parts supplied by the original manufacturer of the leased object shall be used for replacement.
4. Party B shall be liable for any damages suffered by a third party as a result of the leased object itself, its installation, storage and use.
5. All expenses and taxes (including all taxes newly introduced by the state) incurred for the leased object itself, its setup, storage, use and delivery of rent shall be borne by Party B (except for the income tax payable on Party A's entire profit), if they are not in accordance with the provisions of paragraph 1 of this Article.
Article VIII: Loss and damage of leased objects
1. During the period of performance of the contract, the risk of loss and damage of leased objects shall be borne by Party B (except for normal wear and tear). If the leased object is lost or destroyed, Party B shall immediately notify Party A. Party A may choose one of the following ways, Party B shall be responsible for dealing with it and bear all the costs:
(1) Restoring or repairing the leased object to the state of full normal use.
(2) Replacement of the leased object with an object of the same condition and performance.
2. If the leased item is lost or damaged beyond repair, Party B shall compensate Party A for the amount of loss as stated in the Actual Rental Table.
3. When you pay us the amount of damages and any other sums due to us under the preceding paragraph, we transfer to you the leased goods (in their present condition) and the rights to third parties (if any).
Article 9 Insurance
At the same time when the Leased Premises arrive at the place of setting up as stipulated in item (4) of the Schedule, the Leased Premises shall be insured by Party B in the name of Party A and shall remain in force until the completion of the performance of the Contract in the amount and currency of the amount and currency of the damages determined as stipulated in the Contract. The cost of insurance shall be borne by you.
When an insurance accident occurs, Party B shall immediately notify Party A and deliver to Party A all the necessary documents which may be used for the following purposes:
(1) Payment of the expenses required under Article 8(1)(a) or (b).
(2) As payment of Article 8, paragraph 2 and other amounts payable by you to us.
Article 10 Leasehold Deposit
1. Party B shall deliver to Party A the leasehold deposit recorded in item (8) of the attached schedule as its guarantee for the performance of this contract at the same time of the conclusion of this contract.
2. The Lease Deposit in the preceding paragraph shall not bear interest and shall be credited as all or part of the rent in the amount and on the date stated in the Schedule of Actual Rent.
3. If Party B violates any of the terms and conditions of this Agreement or when there is any of the circumstances in Article 12, paragraphs 1 to 5, Party A shall deduct from the Leasehold Deposit the amount payable by Party B to Party A. The Leasehold Deposit shall be used for the purpose of paying the rent.
Article 11 Handling of Violation of the Contract
1. If Party B fails to pay the rent or fulfill other obligations stipulated in the contract, Party A has the right to take the following measures:
(1) Demanding immediate payment of the rent in part or in full, as well as all the sums payable.
(2) To take back the leased objects, and Party B shall compensate Party A for all the losses.
2. Although Party A takes the measures in the preceding paragraph (1) and (2), it does not exempt Party B from other obligations under this contract.
3. Party B shall also be responsible for all damages caused to Party A due to Party B's violation of this contract before the delivery of the leased objects.
4. When Party B fails to pay the due rent and other payments to Party A in accordance with the provisions of this Contract, or fails to reimburse Party A for any expenses advanced by Party A on time, in addition to Party A's right to take the measures as stated in the preceding three paragraphs, Party B shall pay the late interest at the rate stated in item (13) of the Schedule during the period of delayed payment, and the late interest will be deducted from the rent you deliver each time and will be credited at the first instance until you pay all the overdue rent and the late interest to Party A, which shall be deducted at the first instance until you pay all the overdue rent and the late interest to Party A. Until you pay all the overdue rent and delayed interest to Party A.
5. If Party B closes down, ceases business, merges or separates, it shall immediately notify Party A and provide relevant supporting documents. If Party B fails to fulfill this contract due to the above circumstances, Party A shall have the right to take the measures as stated in paragraph 1 of this Article and require Party B and the guarantor to bear the compensation responsibility for the loss incurred by Party A as a result of such circumstances.
During the lease period, the leased property does not fall within the scope of bankruptcy liquidation of the lessee.
Article 12 Assignment of Party A's Rights
Party A may, at any time during the period of performance of this contract, without affecting Party B's use of the leased object, assign all or part of its rights under this contract to a third party, provided that Party B is notified of the assignment in time.
Article XIII Modification of the Contract
Modification of this contract and all attachments must be signed by Party A and Party B and the guarantor in writing in order to be effective.
Article XIV Disposal of Leased Objects after Lease Term Expires
When Party B completes the lease term and performs all the obligations stipulated in the contract, Party B has the right to choose the following options for the leased objects:
1. Return the leased objects to Party A at its own expense and ensure that the leased objects are kept in good condition except for the normal wear and tear, or
2. 30 days prior to the expiration of the lease term, notify Party A in writing that the leased objects are in good condition according to the terms and conditions of the lease, and that the leased objects are not in any condition. Notify Party A in writing 30 days before the expiration of the lease term to continue the lease at the renewal rent and the amount of loss determined for the renewal of the lease as stated in item (10) and item (12) of the attached schedule (other conditions are the same as those of this contract), or
3. Party B pays Party A a property right transfer fee of RMB yuan, and Party A transfers the ownership of the Leased Objects to Party B.
Article 15 Guarantee
The Guarantor guarantees and is responsible for the effective performance of the terms of this Agreement by Party B. If Party B fails to pay the rent and other payments due to Party A in accordance with the provisions of this Agreement, the Guarantor shall fulfill its guarantee responsibility in accordance with the guarantee letter issued by the Guarantor under this Agreement.
Article XVI Settlement of Disputes
All disputes relating to this contract shall be resolved by amicable negotiation in the first place, and if the negotiation fails to be resolved and litigation has to be initiated, the parties to this contract shall file a lawsuit to the People's Court.
Article 17: Party B shall provide the necessary information
Party B agrees to provide Party A with the information that can reflect the real situation of Party B's enterprise, including: Party B's balance sheet, Party B's income statement, Party B's statement of changes in financial situation, and other necessary details, as requested by Party A on a regular basis or at any time.
When Party A requests Party B to provide the above information, Party B shall not refuse.
Article 18 Contract, Schedules and Attachments
1. The Schedules to this Contract and the Purchase Contract No. 1, the Actual Rent Table, the Actual Cost Calculation of Leased Objects, the Letter of Guarantee, and the Receipt for Leased Objects shall be the Attachments to this Contract, and they shall have the same effect as this Contract.
2. This contract shall come into effect upon the signatures and seals of A, B and the guarantor. The original of this contract shall be in one copy, and Party A, Party B and the guarantor shall each hold one copy.
Party A:
Legal Representative:
Party B:
Legal Representative:
Guarantor:
Legal Representative (Signature):
Address:
Accounting Bank:
Telephone number:
Postal code:
Fax:
Account Number:
Attachment
┌-┬------┬ ---------- ---------- -----┐
│(1) │ Leased object │ (See Purchase Contract No. attached hereto) │
│ │ │ (Manufacturer) │ │
├óΓé?┬a -┼?------┼?- ---------- ---------- ---┤
│(2) │ Seller │ │
├-┼---- ---┼------- ---------- --------┤
│(3) │ Place of Delivery │ Hong Kong (see details in the Purchase Contract, Attachment No.
) (see the destination port specified in the Purchase Contract attached hereto) │├-┼╦￡------┼╦￡------ ---------- ---------- ----┤
│(4) │ Leased objects │ │
│ │ │ Setting up place │ │
├-┼┼- -----┼?---- ---------- ---------- -┤
│(5) │ Lease period │ Months (starting from the date of delivery of the bill of lading for the leased object) │
├-┼---- --┼------- ---------- --------┤
│ │ │ Estimated delivery period │ Estimated delivery period: Month of year at Port loading (see above purchase contract for details) │
│(6) │ and leased items │ │
│ │ │Receipt delivery period │ Receipt delivery period for leased items: on the date of signing of the bill of lading for the leased items │
├óΓé?Γ?ó--┼┼?--- ---┼------ ---------- ---------┤
│(7) │ Estimate Cost │ Foreign exchange ( ): RMB: │
├-┼┼?-------┼?- ---------- ---------- ----┤
│(8) │ │ │ │ margin │
├-┼┼- ---┼?------ ---------- ---------┤
│ │ │ Rent and │ Rent: │
│ (9) │ Its payment │ Payment method: │
│ │ │ Method │ Place of payment: │
├-┼----- -┼-------- ---------- -------┤
│ │(10) │ Renewal rent │ │
├-┼? ---┬-┴-┬- -----┬---- ---┬-------┤
│ │ │ │ │ First rental │ First rental │ Second rental │ Third rental │
│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├￥----- -┼------┼? ----┼----- -┼------┼?-- ----┼----- ----┼----- -┼------┼?-- ---┼------┼ ------┼?--- ------┼?--- ---┼------┼ ---┼------┼ -┬╒┼----┼╒┼╒---- ---┴-------┤
│ │ │ Renewal of lease -┼------┴-┴- --- ┴------ --------┤
│ │ │ incidental │ │
│ │ │14 │ │ │
│ │ Terms │ │
└- ┴- - ┴---- ---------- ---------- ----┘
Actual Rent Schedule
＿＿＿＿＿＿Taiwan:
In accordance with the provisions of Article 3 of the Lease Agreement (No. 3) signed by you and us, we hereby agree to the following terms and conditions of the Lease Agreement
Schedule (8), (9) and (10) of the Lease Agreement. Items (8), (9), (10), (11) and (12) of the Schedule to the Lease Agreement are hereby adjusted as follows. Please pay the rent and other amounts payable on time accordingly.
Corporate Business Department (seal)
┌-------- --┬------- ----┬----- ------┐
│ General Manager's Office │ Business Department Manager │ Operator │
├- ---------┼ ---------- -┼-------- ---┤
│ │ │ │ │
└----- ----- ┴---- -------┴-- ---------┘
Schedule item (8) ) Item Margin Adjustment
┌-------- --------┬- ---------- ------┐
│ Margin at Estimated Cost │ Margin Adjusted for Actual Cost │
├- ---------- -----┼---- ---------- ---┤
│ │ │ │
└----- ---------- -┴-------- ---------┘
Schedule item (9) ) item Rental Adjustment
┌-----┬--- ---------- ---------- -----┐
│ Estimated Rent │ Actual Rent │
│ (*** times) │ (*** times) │
├- ----┼----- ---------- ┬á--------- --- ┤
│ │ │First rent: Payment date: Month, year │ Fifth rent: Month, year │
│ │First to ├￥- ---------- ---┼?------- -----┤
│The first of each │ │Second Rent: Payment Date: Month, Year │ │Sixth Rent: Month, Year │
│For: ├-- ----- ---------- ----┼----- -------┤
│Last time │Third rent: payment date: month of year │Seventh rent: month of year│< /p>
│For: ├￥--------- ------┼--- ---------┤
│ │ │Fourth time Rent: Payment date: Month, year │ Eighth rent: Month, year │
└-----┴- ---------- --- ┴------ ------┘
Schedule item (10) Renewal Rent Adjustment
┌- ---------- -----┬---- ---------- --- ┐
│ Estimated Renewal Rent (*** times) │ Actual Renewal Rent (*** times) │
├--- ---------- ---┼------ ---------- -┤
│ Each time: │ Each time: │
└------- ---------┴ ---------- -------┘
Adjustment of damages set out in item (11) of the Schedule
┌ --------┬- -------┬- ------┬--- ----┐
│ │ First Rental │ First Rental │ Second Rental │ Third Rental │
│ │ Before Payment of Gold │ After Payment of Gold │ After Payment of Gold │ After Payment of Gold │
├óΓé?Γ?ó- -------┼-- ------┼--- -----┼?---- ---┤
│Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Budget estimate: │Actual: │Actual: │Actual: │
├óΓé?┬a ------┼?--- -----┼---- ----┼----- --- ┤
│ Fourth lease │ Fifth lease │ Sixth lease │ Seventh lease │
│ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │ After the payment of gold │
├óΓé?┼? -----┼---- ----┼----- ---┼------ ---- ┴----- --- ┴------ --- ┴-------┘
Schedule item ( 12) Adjustment for Losses Fixed on Renewal of Lease
┌-------- --------┬- ---------- ------┐
│ Estimate: │ Actual: │
└-- ---------- ----┴----- ---------- --┘
Note:
(1) Date of signing the lease contract: Month, 199
(2) Commencement date: Month, 199
(3) Lease period: one month (Month, 199 to Month, 199)
(4) Lease payment: Every month. (4) Rental payment: once every month (first/later), before the payment date
Telegraphic transfer to the account bank of xxx company: xxx bank xxx branch, the account number of cash transfer: ＿＿＿＿＿＿＿.
(5) The estimated cost of the leased object is: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿, and the actual
interim cost is: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿.
(6) At actual cost, the security deposit is: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿ and
has been prepaid to ＿＿＿＿＿＿＿＿＿. The balance / amount owed is: ＿＿＿＿＿＿＿＿＿.
Copy to:
Guarantor (1):
Guarantor (2):
Contract No.: Starting date of the lease period: Month, year
Receipt for leased items
According to the Lease Agreement entered into by your company and this one on the day of January 1, 19, the following leased items are indeed leased on
this date without error. I hereby agree to abide by the terms and conditions of the said Lease Agreement during the period of performance.
Leasee (seal)
Authorized representative (signature)
┌------- ---┬------ ---------- -------┐
│ │ │ │
│ Leased object │ │
│ (Manufacturer) │ │
│ │ (See Purchase Contract No.) │
├￥------- ---┼------ ---------- -------┤
│ Seller │ │
├- ---------┼ ---------- ---------- ---┤
│ Leased object setting up place │ │
├óΓé?Γ?ó---- ------┼?--- ---------- ---------- ┤
│ │ │ months (the date of delivery of the bill of lading of the leased object │
│ │ the lease period │ │
│ │ │ the date of commencement) │
└----- -----┴---- ---------- ---------┘
┌ ---------- ---------- ----┐
│ This field is to be completed by the lessor │
├óΓé?┼?---- ---┬------ ---┬------┴ -┬-------┐
│ Department │ Responsible person │ Reviewer │ Manager │< /p>
├óΓé?┬a-------┼?-- -------┼?-- ------┼?--- ----┤
│ │ │ │ │ │ │
└---- --- ┴------ --- ┴------ --- ┴-------┘