A model contract of loan use purchase and sales contract
Loan use purchase and sales contract
Part I: Bank loan purchase contract
Purchase
Contract
Party A: company or individual name
Party B: company or individual name
First, the principle of cooperation
Party A and B after friendly consultation, willing to in mutual benefit, risk *** share the principle of *** with the development of vt-1 brand fashion sales. Party B in recognizing and respecting Party A's right to exercise patents, goodwill, business level and management principles, reached the following agreement, *** with compliance.
Second, the authorized sales of goods and regional
Party A agreed to Party B in the vt-1 brand fashion agent sales; in the agreement period, Party B enjoys the city by Party A granted by the agent / sales of vt-1 brand fashion rights and obligations.
Three, obligations
Party B is the operator of vt-1 fashion, self-sustainable, all related to the lease, tax issues are handled by Party B, Party A does not bear any responsibility.
Four, settlement
In the agreement period party B to buy party A goods prices for reference retail price discount. (Other specials are negotiable)
Each transaction is settled independently, payment to shipment.
Fifth, the payment method
Party A in each quarter when the goods will be published, Party B can be on-site booking of goods, booking of goods
Products need to prepayment of goods rated gold. Party A collection account:, account name Qiu Xinliang, bank account: Construction Bank Xiushui Branch. Open the sale, additional goods, all cash spot.
Party A shall deposit the goods, the source of goods to determine, on time, according to the amount, according to quality sent to party B.
The area is set by Party A and Party B to purchase goods from July 1, 2013 to December 31, 2013 for 5 million. (See attached list). Reach the target purchase amount Party A will return the deduction of 4.2.
Two, the loan purpose contract is a procurement contract
Legal analysis: No. The bank needs to know about the borrower before taking out the loan. Before the loan, the bank needs to understand the borrower's use of the loan, the sales contract is only one of the proof of the purpose of the loan, but also other contracts, other written materials to prove the purpose of the loan.
Legal basis: "Chinese people's *** and national code" Article 469 parties to enter into a contract, may be in written form, oral form or other forms.
Written form is the contract book, letters, telegrams, telex, fax and other forms that can be tangible representation of the contents contained.
Electronic data interchange, electronic mail and other ways to be able to tangible expression of the contents of the data message, and can be readily accessed to check the data message, is considered to be in writing.
Three, what is the agreement procurement?
Procurement contract is the enterprise (supplier) and sub-supplier, after negotiation between the two sides agreed by consensus and signed the "supply and demand relationship" of the legal documents, the contract should be observed by both parties and fulfillment, and the two sides of the contact with the *** with the same linguistic basis. Both sides of the contract have their own economic purposes, the procurement contract is an economic contract, the two sides by the "economic contract law" protection and responsibility.
Procurement contract is a commercial contract documents, the content of the terms and conditions should generally include: the full name of the supplier and sub-supplier, the legal representative, as well as the two sides of the telephone, telegraph, telex, etc.; procurement of the name of the goods, models and specifications, as well as the number of purchases; price and delivery; delivery and delivery; delivery mode and delivery location; quality requirements and methods of acceptance and the treatment of defective products, when the quality agreement, then in the procurement contract, the quality of the procurement contract is the same as that in the contract. When there is a separate quality agreement, it is stated in the procurement contract, see "Quality Agreement"; responsibility for breach of contract. A framework agreement is a contract in which individual works and services are "performed in stages" over the life of the contract. The whole contract is controlled by the framework agreement, but individual transactions have their own special circumstances. Typical elements of a procurement framework agreement include: - governing terms and conditions - contract duration - no workload guarantees - annual inspection and escalation mechanisms - agreed price lists and discount rates - service level agreements - general specifications Typical elements of a specific framework order include: - details of the order (capacity/quantity, cost, delivery date) - specific details (e.g. changes to specifications or timetables) - name of requester - number of budgets allocated - authorizations Name - Number of allocated budgets - Authorized signatures
Four, the bank loan requires a contract, whether it is a contract of purchase or a contract of sale
It should be the first signing of the online contract of purchase, because generally the bank application for a loan need to provide a contract of purchase.