Offeror: ________ (hereinafter referred to as Party A)
Contractor: ________ (hereinafter referred to as Party B)
According to the Government Procurement Law of the People's Republic of China (PRC), the Chinese People's Republic of China (PRC), the Chinese People's Code of Laws (CPC), and the Bidding Documents for the Equipment Purchase Project, the Tendering Document, and the Winning Notification of Party B, Party A and B Both parties agree to sign this contract after friendly negotiation based on the principles of voluntariness, equality and mutual benefit. Detailed technical descriptions and other specific information about the contract item (if any) are described in the Annex to the Contract, and the Annex to the Contract and the Tender Document, Bidding Document and Notice of Award of the Project are inseparable parts of this Contract. Both parties agree to *** together to comply with the following terms:
I. Project Overview:
(I), Project Name: ________ Equipment Procurement, Installation Project
(II), Procurement of Equipment and Installation of the work:
1. List of Procurement of Equipment and Detailed Parameters
Name of the product, varieties, specifications, models, prices, Quantity and unit of measurement, see the following table:
2, work content: including equipment and related accessories customization, procurement, transportation, storage and custody, equipment installation, commissioning, equipment commissioning, operation training, environmental protection testing, equipment delivery to the Party management before the maintenance of equipment warranty and other all the work related to the procurement of this equipment, installation.
Second, the procurement, installation and implementation of the location:
The equipment procurement, installation for ____________.
Third, procurement, installation period:
The period of installation of this procurement of equipment is from ____ ____ month ____ to ____ ____ month ____.
Four, procurement, installation costs:
The procurement, installation of equipment (detailed list of contractual purchases) the total contract price of the winning bid contract price for the RMB capitalization: ________ yuan, that is, RMB ￥ ____ yuan; this cost includes:
1, including the design of the goods, materials, manufacturing, packaging, transportation, installation, debugging, testing, insurance, agency, training
1, including goods design, materials, manufacturing, packaging, transportation, installation, commissioning, testing, insurance, agency, training, taxes, to achieve normal use of all the random accessories and tools (transfer of equipment, insurance costs borne by Party A), in accordance with industry standards and the domestic equipment commonly used in the randomly equipped and standby tools and accessories, the cost of system integration and acceptance and delivery of the use of the warranty period before the warranty period, and so on, and so on, all the other relevant items of the cost.
2, equipment installation labor, auxiliary materials, machinery, scaffolding and other costs;
3, safety and civilization construction costs;
4, business management, taxes and all other costs.
V. Purchasing and installation requirements:
1. Party B shall provide brand-new goods (including parts, accessories, etc.), with no scratches on the surface, no traces of collision, and the ownership is clear, and shall not infringe on the intellectual property rights of others.
2, the goods must comply with or better than the national (industry) standards, as well as the quality requirements and technical indicators of the project bidding documents and factory standards.
3, Party B's equipment arrived at the site by Party B's own custody, before installation by Party A in accordance with the list of acceptance and signature confirmation; each piece of equipment should be product quality inspection on the mark of conformity.
4, the quality of goods manufacturing problems, Party B shall be responsible for three packages (package repair, package replacement, package refund), the cost borne by Party B, Party A has the right to Party B production site to check the quality of goods and production progress.
Sixth, the relevant information submitted:
1, Party B shall provide a complete set of equipment, detailed quality inspection reports and factory certificates.
2, Party B shall provide the whole process of installation, commissioning, commissioning of all the information and related video data.
3, Party B shall provide the project location of the environmental protection department issued by the environmental impact testing of a full set of relevant information.
VII. Payment Methods:
1. Payment Method: Party A shall pay the price by bank transfer or bank note.
2, payment time:
2.1, Party B according to the contract agreed list of equipment into the site, and received Party B notice and bills voucher information within 15 days after the contract amount of payment of ____ percent of the price: ￥ ____ yuan, yuan capitals ________ whole;
2.2 Party B all goods installation and commissioning is completed and acceptance, and Party A Received Party B notice and bills vouchers information within 15 days after the party to allocate to Party B of the total contract price of ____ percent of the money: ￥ ____ yuan, RMB capitals ________ yuan;
2.3 the remaining 5% of the amount as a quality deposit, in the quality of the equipment warranty period (24 months) is full, within 15 days of the party to Party B (interest-free) to pay the 5% warranty.
2.4, Party B shall issue to Party A a legally valid and complete tax-paid invoices and vouchers for payment and settlement.
VIII, Party A's responsibility:
1, Party A to help eliminate obstacles to the construction of Party B;
2, to assist Party B in the construction process of the water, power to the site, water, electricity costs by Party B is responsible for their own.
9, Party B's responsibility:
1, in accordance with the agreed scope of construction, deadline and requirements for construction, to ensure that equipment operation to meet the requirements of Party A and relevant departments.
2, according to the contract to provide relevant information.
3, responsible for reporting to the local environmental protection department for environmental impact testing, and obtain the relevant certificate.
Ten, default responsibility
1, Party A default responsibility
(1) Party A refuses to accept the goods without justifiable reasons, Party A shall pay five percent of the total contract price of liquidated damages;
(2) Party A late payment of payment of goods, in addition to timely payment of the full amount of the goods, should be reimbursed to the Party B for the arrears of the same period of interest on the bank loan;
2, Party B Liability for breach of contract
(1)If the quality of the goods delivered by Party B is not in accordance with the contract, Party B shall pay to Party A five percent of the total contract price of the liquidated damages, and shall replace the qualified goods to Party A within the delivery time stipulated in the contract, or else it shall be regarded as a breach of contract for Party B not being able to deliver the goods and shall be liable for breach of contract in accordance with the following paragraph of the article "(2)". Otherwise, Party B shall be deemed to be in breach of contract for failing to deliver the goods, and Party B shall pay liquidated damages to Party A according to the following paragraph "(2)" of this Article.
(2) Party B can not deliver the goods or late delivery of the goods and breach of contract, in addition to timely delivery of the goods, should be reimbursed to the total amount of overdue part of the goods during the same period of interest on bank loans; overdue delivery of more than 60 days, Party A has the right to terminate the contract, Party B shall be the contract price of five percent of the total amount of damages paid to the Party A and must be a full refund of the goods and its full amount of the money that has already been paid to the Party A and interest (calculated at the loan interest rate). interest (calculated at the lending rate).
(3) Party B's goods sent by Party A to the quality and technical supervision institutions with legal qualifications for testing, such as test results that the quality of the goods do not meet the standards set out in this contract, it is considered that Party B did not deliver on time and breach of contract, Party B shall be unconditionally replaced within 10 days with qualified goods, such as the late replacement of qualified goods, Party A has the right to terminate the contract, Party B shall pay compensation to Party A, five percent of the total price of the contract, Party B shall pay compensation of five percent of the total price of the contract. Party B shall pay another five percent of the total contract price to Party A.
(4) Party B guarantees that the 'rights' of the goods in this contract are free from defects, including the ownership of the goods and intellectual property rights. If any third party has the right to claim the right to the above goods by the court (or arbitration institution) or the state organs confiscate the goods according to the law, Party B shall, in addition to returning the received money to Party A, pay to Party A another 5% of the total price of the contract and compensate for all the damages caused to Party A.
(3) Party B guarantees that the rights of the goods are flawless, including the rights of ownership of the goods and intellectual property rights.
(5) If the liquidated damages paid by Party B are not enough to compensate for Party A's loss, Party B shall also pay compensation to Party A according to the portion of Party A's loss that has not been compensated.
Eleven, dispute resolution
1, disputes over the quality of the goods, by the quality and technical supervision department or its designated quality appraisal organization for quality appraisal. Goods in line with the standard, the appraisal fee borne by Party A; goods do not meet the quality standards, the appraisal fee borne by Party B.
2, the contract performance period, if the two sides dispute, can be resolved through consultation or mediation by the relevant departments, consultation or mediation fails, by the parties to safeguard their legitimate rights and interests in accordance with the law.
Twelve, special agreement:
1, all casualties occurring on the construction site due to Party B, Party B is responsible for its own, and bear the relevant medical and compensation costs.
2, the construction process involved in the channel, other coordination matters, etc., by both parties **** with the coordination of processing.
3, non-Party B caused by the detection, maintenance costs, Party B only cost fees.
4, in order to ensure that Party A can normally use the equipment and facilities in the future, Party A should be part-time management equipment, facilities, Party B in accordance with the requirements of Party A professional training of personnel, and tracking service for the use of equipment.
5.