(This article provides you with two model contracts)
Part I:
Contract No.:Party A (buyer): Party B (seller):
According to the "Chinese People's **** and the State of the Contract Law", "the Chinese People's *** and the State of Government Procurement Law , the Notice of Award (Bidding No.: ?°, Party A and Party B sign this contract on the principles of equality, voluntariness and mutual benefit, by mutual consensus. Party A and Party B agree to purchase the following products sold by Party B by Party A according to the following terms and conditions. Article I Product name, specifications, quantity, price
The above price is the price to the hospital, including packaging, warehousing, transportation, insurance, unloading, installation, commissioning, training and so on.
Article II Rights Guarantee
Party B shall guarantee that the product sold to Party A or any part of the product is not owned by others or with others **** have, not have a mortgage, lease, and does not infringe on the patent rights of others, copyrights, trademarks and other intellectual property rights. Once the infringement occurs, Party B shall bear full responsibility.
Article III Product Quality
(a), Party B sells the product quality should be in line with national, industry and other relevant standards; all technical performance specifications and parameters of the product, should be in line with the bidding documents and Party B bidding documents required by the technical standards and the manufacturer's public promotional materials and manufacturers of the official website of the publicity of the content of the standard requirements.
(b), Party B shall ensure that the products provided are new and unused original qualified genuine products (including parts), in full compliance with the contract provisions of the quality, specifications and performance requirements. Article IV Delivery and Acceptance (a), delivery time and place:
Delivery time: After the contract is signed and Party A signs the program confirmation map within 60 days after the completion of the product production, transportation, installation and commissioning and acceptance. Delivery location:
Note: Party A is responsible for the power supply to the electrical control box of the installation point of the light-emitting word.
(b), acceptance time: product installation, commissioning is completed, the product trial after two months, Party B to submit an application for acceptance, Party A shall apply for acceptance in Party B after the application for acceptance of gleaned? Party A shall organize the acceptance inspection within five working days after Party B puts forward the acceptance application. Party A shall issue an acceptance report after acceptance, and the acceptance report shall be issued by the acceptance organization if acceptance by other management organizations is required. If Party A does not organize acceptance inspection and does not put forward quantity and quality objections to Party B, the products delivered by Party B shall be regarded as conforming to the agreement of this contract. (C), acceptance criteria:
1, complete documentation: there should be a product certificate (or quality certificate), instructions, warranty certificate, invoices and other documents that should be; if the products provided by Party B are imported products, it is necessary to provide the legal import declaration information, duty-paid vouchers, commodity inspection certificates, and other information to the procurement department of the Party A commissioned by the auditing unit to verify the original.
2, quality in line with national, industry and other relevant standards, in line with the requirements of the bidding documents, bidding documents and manufacturers of public promotional materials and manufacturers of official website publicity content standards. Article V Technical Training
Party B is free of charge for Party A's products (equipment) to be responsible for the use of personnel training and other work, until Party A's use of personnel can be independent of the normal operation of the use of so far. Article VI Follow-up Services
After the acceptance of the product, in the quality assurance (repair) period, where the product itself caused by the failure, Party B is responsible for free warranty, all costs borne by Party B. The product quality assurance (repair) period, Party B is responsible for free warranty. This contract product quality assurance (repair) period of one year, product quality assurance (repair) period from the date of acceptance of the product, Party B maintenance personnel in the maintenance notice received within 24 hours after the response to the scene maintenance. After the expiration of the product quality guarantee (repair) period, Party B will continue to provide maintenance for the product, the specific matters to be agreed separately. Article VII Payment Term and Mode
30% of the total amount to be paid after the signing of the contract, 55% of the total amount to be paid after the arrival of the goods, 10% of the total amount to be paid after the equipment debugging and acceptance, normal operation, and the remaining 5% of the contract amount to be paid at the end of the warranty period. Article 8 Liability for breach of contract
(a), Party B's liability for breach of contract:
1. If Party B fails to deliver the goods, Party A will not pay Party B. Party B shall reimburse Party A for the amount of money paid. Party B shall reimburse Party A with liquidated damages equal to twenty percent of the purchase price of the undeliverable part of the goods;
2. If the product varieties, quantities, specifications, models, and quality of the products delivered by Party B do not conform to the national laws and regulations and the provisions of the contract, Party A shall have the right to refuse to take delivery of the goods, and Party B shall be responsible for the replacement or return of the goods, and shall bear the actual costs incurred as a result of this payment. Exchange of goods again delivery time exceeds the contract delivery time is considered late delivery, the return of goods is considered to be unable to deliver, and bear the late delivery, unable to deliver the default responsibility; 3, Party B late delivery, calculated on the basis of late delivery of part of the purchase price, reimbursement of Party A for the default of five thousandths of a day, and bear the loss of costs suffered by Party A as a result of the cost. (B), Party A's liability for breach of contract:
1, Party A did not provide the installation conditions (including the status quo itself is not suitable for installation), shall bear the losses caused by Party B (including the transformation of the status quo in order to meet the installation of all costs incurred); Party B refused to take over the goods in violation of the provisions of the contract or of the party shall bear the losses caused by Party B, and reimbursement of refusal to accept part of the purchase price of twenty percent of liquidated damages. Twenty percent of liquidated damages. 2, Party A late payment, should be in accordance with the bank lending rate for the same period to reimburse Party B for late payment of liquidated damages. Article 9 Force Majeure
Party A and Party B can not perform the contract due to force majeure, either party shall promptly inform the other party of the reasons for not being able to perform or can not be fully performed, in order to mitigate the losses that may be caused by the other party, after obtaining the certificate of the relevant agencies, allowed to postpone the performance of the performance of the part of the contract, or non-performance of the contract, and according to the circumstances of the situation may be partially or fully exempt from the default liability. Article X dispute resolution
1, due to disputes over the quality of the goods, by the law and the relevant rules and regulations of the technical unit for quality identification, both parties unconditionally submit to the conclusions of the appraisal; appraisal costs first by the identification of the party to pay in advance, the identification of the results of the appraisal in line with the contract provisions of the identification costs borne by the Party A, identification of the results of the appraisal is not in line with the provisions of the contract identification costs borne by the Party B.
2, the implementation of the contract disputes, the parties should be timely negotiation to resolve the consultation fails, either party can be to the people's court where the contract is signed to file a lawsuit. Article 11 Other Matters
Party B shall bear the compensation responsibility for the loss caused by Party A due to the quality of Party B's products. Article 12 Documents constituting this contract and the order of priority of interpretation
1, the text of this contract, 2, the notification of award, 3 the bidding documents and bidding Q&A, 4, the bidding documents and their annexes (including the clarification documents and supplementary information during the evaluation of the bidding). This contract shall apply only to the laws, rules and regulations of the People's Republic of China*** and the State. Article 13 Contract Entry into Force
This contract shall enter into force on the date of signature by A and B. The original of this contract shall be in two copies. The original of this contract in two copies, A and B each of one; copies of four copies, two copies of the Party, the other two copies sent to the relevant agencies for the record, archives. The original contract and the copy has the same legal effect, when the original and the copy is inconsistent, the original shall prevail.
Party A (signature):
Legal representative: commissioned agent: agent:
Signing date: January, signing place: Address:
Phone: Zip code: Bank of account: account number:
Party B (signature): Ltd. Huizhou Zhongda Hospital Address:
Phone: Zip: Bank: Account Number:
Part II:
Party A: __________________
Party B: __________________
Via ________________ (hereinafter referred to as Party A) and ________________ (hereinafter referred to as Party B) friendly, equal consultation, Party A entrusted Party B to publish network advertising, to reach the following contract terms, the two sides *** with the observance of:
First, the network advertisement release place: Party B's company website (www .__________________).
Second, the network advertising product keywords: ___________________________.
Third, the network advertising location: ____________________________________.
iv. The size of the online advertisement is: ____________________________________.
v. Network advertisement publishing form: ____________________________________.
VI. Network advertisement publishing time: _______ ______ month ______ day - _______ ______ month ______ day, i.e. from the date of advertisement publishing.
VII. Fee Settlement
1. Network advertising fee _________ yuan, capital RMB _________ yuan whole;
2. Payment by wire transfer in the form of payment, please pay the full amount before _________ _________ day, otherwise this contract is invalid.
VIII. Rights and obligations of Party A and Party B
1. Party A assigns a person on behalf of Party A to be fully responsible for the release of this network advertising;
2. Party A provides Party B with background information and data or websites related to network advertising;
3. Party A is responsible for the content of this network advertisement, which must be in line with the "People's Republic of China*** and the State Advertisement Act" and the relevant national laws and regulations. and relevant state laws and regulations, otherwise, the consequences caused by Party A is responsible for;
4. Party B according to Party A's advertising materials for advertising, within three days to complete the content of the advertisement;
5. Party B released the content of Party A's advertisements, obtaining the consent of the Party A can be published online;
6. Party B can not arbitrarily change the content of Party A's advertisements to change to consult with Party A's opinion can be. Party B can not change the content of Party A's advertisements, to change the need to consult the views of Party A can be.
IX. Liability exemption
1. Due to war, natural disasters and other causes of Party B's server can not run normally;
2. Due to government administrative actions that lead to Party B can not open the server;
3. Due to Internet disasters, China, the United States, and other reasons for the Internet interconnection leads to Party B's server can not be normal connection;
4. Due to Party B's operating platform and application software reasons lead to Party B's server can not be normal connection;
4. Temporary failure of Party B's servers to operate normally due to Party B's operating platform and application software;
5. Temporary failure of Party B's servers to operate normally due to unlawful attacks on Party B's website.
Based on the above reasons, Party B will not be responsible for any legal and other ways to cause Party B's website not to operate normally.
X. This contract is in duplicate, since the date of signature and seal of both parties, the contract fax has the same legal effect.
Party A (seal): __________ Party B (seal): __________
Client (signature): ________ Client (signature): ________
Bank: ________________ Company account name: ______________
Bank account number: ______________ Opening bank: ________________
Address: __________________ Bank account number: ______________
Zip code: __________________ Zip code: __________________
Phone: __________________ Phone: __________________
Fax: __________________ Fax: __________________
Email: _________________ Email: _________________
Web site: __________________ Web site: __________________
_________ Year _____ month ____ day _________ year _____ month ____ date
Place of signing: ______________ Place of signing: ______________