The main contents of the commission contract include: 1, the information of the principal and the trustee; 2, the specific commission and the period; 3, if it is a paid commission, you need to write the commission remuneration; 4, the liability for breach of contract and the terms of settlement of disputes.
Trusted Procurement Contract Model 1
Trustee (Party A): ___
Address: ___
Postal Code: ___
Tel: ___
Fax: ___
Trusted Party (Party B): ___
Address:___
Postal code:___
Telephone:___(see the purchase order)
Fax:___
I. Party A and Party B, in accordance with the provisions of the relevant state laws, after friendly consultation, Party A entrusts Party B with the agency of purchasing the required products (details ___Attachment)
II. Party B, through the company to which it belongs to China_x Commodity E-commerce Distribution Center agent procurement of products required by Party A;
Three, Party B agent procurement of products should meet the requirements of Party A's contract, such as procurement of products do not meet the requirements set out in this contract, by Party B is solely responsible for;
Four, agent procurement of payment should be paid on the spot after the arrival of the goods after acceptance of all qualified, Party B should be one day after the purchase of the products, the purchase of the products, the purchase of the products, the purchase of the products. Party B shall ship the purchased products to Party A's designated place of receipt in one day.
Fifth, the settlement of contract disputes: the implementation of this contract dispute, by the A and B negotiation to resolve the consultation fails, the two sides agreed to arbitration by the __________ Arbitration Commission (or to the ____________ People's Court)
Sixth, this contract in duplicate, the two sides signed after the entry into force, the A and B each sign a copy
Party A ( Representative) Signature_x (seal):
Party B (representative) Signature_x (seal):
Commissioned Procurement Contract Example 2
Party A (commissioned by):
Legal Representative:
Address:
Party B (agent):
Legal Representative:
Address:
According to the "Contract Law of the People's Republic of China*** and the State" and other relevant laws and administrative regulations, Party A and Party B, following the principles of equality, voluntariness, fairness and honesty and creditworthiness, negotiate and enter into the present contract on the matter of ordering goods.
I. Scope of entrusted agency procurement:
The scope of entrusted agency procurement by Party B is the commodities in the contract signed between Party A and foreign suppliers from January 20_ to December 20_. The total credit amount of agency procurement is ten thousand euros.
2. Calculation of payment, agency fee, capital occupancy fee and related expenses:
1. Payment: based on the actual payment of the purchase amount from Party B to the supplier;
2. Calculated on the date of payment from Party B to the supplier, with the maximum account period for a single payment amount of not more than 80 days;
3. Capital occupancy fee and payment time: 8.5% of the actual payment of the purchase amount from Party B to the supplier. Supplier actually paid the purchase amount of 8.5% (calculated on an annual basis) to the date of payment to the supplier, calculated on a monthly basis, interest (less than one month according to the actual number of days of occupancy), in the Party A to pay the payment to the Party B and pay.
4. Related expenses and payment time: the related expenses incurred due to agency procurement (including but not limited to: import tax on goods, customs clearance fees, pick-up fees, insurance, transportation costs, other miscellaneous expenses) shall be borne by Party A, which shall remit the related expenses to Party B's designated account before incurring them, and Party A shall remit the relevant amount to Party B's designated account within 3 days after Party B's advancement.
3. Payment requirements and settlement methods:
1. After the signing of this contract, Party B shall pay the purchase price to the supplier designated by Party A for the purchase within three days according to the requirements of the purchase contract provided by Party A;
2. Party A shall provide Party B with all the materials necessary for payment of the payment, including the purchase contract, the purchase list, the invoice, etc.;
3. Party A shall Pay the full amount of payment and interest on funds to Party B before the expiration of the account period;
4. Invoicing: Party B will issue invoices every month according to Party A's payback (the invoice amount includes agency fee and capital occupation fee, interest on funds and other related expenses).
Four, the right of goods
In Party A to Party B to pay all the payments before the corresponding amount of ownership of the goods to Party B; in Party A to Party B to pay all the payments, the right of goods is automatically transferred to the Party.
Fifth, the rights and obligations of both parties:
Party B
1, in the name of Party B and the supplier to sign a contract for the purchase and sale of products, Party A accepts all the terms of the contract for the purchase and sale, Party B is only responsible for receiving entrusted with the signing of the contract for the purchase and sale of products with the supplier and the contractual agreement in the Party B to give the Party A within the credit line to pay the payment of the goods, as well as according to the agreement of the contract to the transfer of the right of goods to the Party, other specific contract performance only to the Party B, the Party B is the only one to pay the full amount of payment. Other specific contract fulfillment content only to Party A has the obligation to assist, due to the consequences caused by third parties outside of this contract has nothing to do with Party B.
2. Party B retains the ownership of the corresponding goods until Party A pays Party B the full amount of the purchase price and all other payments according to the agreement.
3, due to Party A's reasons for the purchase and sale of products or this contract can not be performed, can not be fully performed or delayed performance, Party B has the right to terminate the agency contract, and enjoy the right to dispose of the goods _, Party A shall bear all the costs and consequences arising from this.
4. Party A shall deal with the problems in quality, price, transportation, loading and unloading and storage of the supplier by itself and bear the corresponding risks.
5, due to the supplier's reasons for the contract can not be performed or can not be fully performed, Party B shall promptly notify Party A to take remedial measures. If Party A requests for claims in writing, Party B shall, according to its contract, actively assist Party A to make foreign claims, and Party A shall bear all the costs and consequences arising therefrom, and shall transfer the relevant costs to Party B's account according to Party B's written notification before making claims. If Party A fails to pay the relevant claim expenses, Party A loses the right to enjoy the rights arising from the claim, but is not exempted from the obligations arising from the claim. The above obligations include, but are not limited to, bearing the attorney's fees, litigation costs, arbitration costs, travel costs, communication costs, which Party B advances on behalf of Party B in advance.
6. Party B has the right to terminate the obligations in the agreement if Party A fails to pay the owed money and other default matters.
Party A
1, to ensure that the commissioned procurement of goods in line with national policies and laws, and to ensure that the commissioned procurement of goods does not infringe the intellectual property rights of others, or should bear all the resulting economic and legal responsibility.
2, Party A shall pay Party B the payment for the goods and interest on the funds, or other related expenses in strict accordance with Article 2 and Article 3 of this contract.
3, Party A and the supplier to agree on their own varieties, specifications, quality, price, transportation, loading and unloading, etc., Party B according to the content of Party A to determine the purchase and sale of products signed with the supplier contract. Party B and the supplier signed a contract for the purchase and sale of products, Party A have to bear the corresponding consequences, including but not limited to the circumstances agreed in this contract.
4, Party A is obliged to require the supplier to supply the goods according to the contract, and bear the supplier to send late, do not send, wrongly send, send less goods and goods quality problems, changes in the price of the goods, goods delivered to Party A before and after all the risks, other non-Party B causes Party B can not fulfill the contract or the performance of the contract is not in line with the responsibility of the consequences of the contract with Party B has nothing to do with Party B, and at the same time, Party A shall not refuse to pay all the money and interest on the funds. At the same time, Party A shall not refuse to pay to Party B all the payment for goods and interest on funds, such as at the same time cause Party B direct and indirect losses, Party A will unconditionally compensate for Party B within 15 days after Party B has issued a written notice, or else it will be a breach of contract.
5, the supplier is responsible for the creditworthiness of the supplier, bear the supplier's reasons for the contract can not be performed, can not be fully performed all the responsibility. The aforesaid default of the supplier causes this contract can not be performed or can not be fully performed, does not affect the right of the agent under this contract to collect all the payments and interest on the funds.
6, if party B found party A or the supply side of the contract in the form of arbitrage or other deceptive suspicion of party B, party B has the right to require party A to immediately pay all the purchase price, interest on the funds and related costs, and at the same time have the right to terminate or terminate the contract, party A shall bear the consequences of the termination of the contract or termination of the loss, and with the supply side of the party B's losses to bear joint and several liabilities.
Sixth, breach of contract
Party A has not paid all the payment and interest on funds to Party B after the expiration of the account period, Party A will pay Party B 2% of the overdue amount of liquidated damages for each day of overdue.
VII. Dispute resolution:
Disputes occurring in the process of commissioning agency shall be resolved through consultation between the two parties, and in case of unsuccessful consultation, the jurisdiction shall be vested in the Court of Yubei District of Chongqing Municipality.
VIII. Other
1. This contract is in duplicate, A and B both parties execute a copy of the contract shall enter into force after both parties have signed and sealed, and both parties shall not unilaterally terminate or terminate the contract. If there are any unfinished matters to be supplemented or modified, it shall be put forward in writing and come into effect after signed by both parties.
2. If Party A has defaulted on this contract or any other contract or if the amount payable is not paid, Party B has the right to offset or dispose of the goods under this contract directly or suspend the delivery of the goods, and has the right to decide whether to perform, terminate or dissolve the contract, and the responsibility arising from this shall be borne by Party A.
Party A: Party B:
Authorized Representative: Authorized Representative:
Place of Residence: Place of Residence:
Commissioning Agent Procurement Contract Sample 3
Party A (Purchaser):
Legal Representative or Entrusted Agent:
Party B: Construction Bidding Agent Ltd.
Legal Representative:
Qualification Grade: Provincial Government Procurement Class B Agency
Certificate No.: Zheng Cai Dai (B) No.
Commissioned Project Name:
Approved Procurement No.
Budgeted Amount:
Mode of Procurement: Cross (√) in □:
Open Tendering
Invitation to Tender
Competitive Negotiation
Request for Quotations
Single Source
To be assigned the person in charge of the project's full-time work:
Party A: Position Contact No.
Party B: Position Manager Contact No.
According to the "Law of the People's Republic of China on Government Procurement of the Chinese People's Republic of China", the "Law on Government Procurement of the Chinese People's Republic of China", the Chinese People's *** and State Bidding Law", "Chinese People's *** and State Contract Law" and its relevant laws and regulations, in accordance with the principle of openness and transparency, fair competition, fairness and honesty, the two sides of the government procurement bidding agent matters consensus, signed this agreement, and *** with compliance.
I. Scope of agency:
Drafting of government procurement announcements
Drafting of invitation to bid
Prequalification documents
Prequalification of bids
Prequalification of bids
Preparation and sale of bidding documents
Organization of bidders on-site inspection, question and answer, and drafting of the summary of the Q&A
The formation of the evaluation of bids in accordance with the law Committee
Organize the bid opening, bid evaluation, and bidding meeting
Issue a notice of award to the successful bidder, and a notice of award result to the unsuccessful bidder
Handle the filing procedures of the bidding and the procedures of publicity of the relevant matters
Draft a contract on behalf of the
Other Matters:
The second, the collection of agency service fees and the mode of payment
1. p>
1. According to the State Ministry of Finance, the State Planning Commission, the State Price Bureau (20_)980, the National Development and Reform Commission (20_)857 and other documents, the bidding agency service fee is charged at 1.5% of the amount of the winning bid.
2. As agreed by A and B, this agency service fee shall be paid by the successful bidder and deducted from the bidding deposit.
Third, the rights and obligations of Party A;
1, Party A has the right to review the agency's various qualification certificates;
2, to provide Party B with the procurement project approval procedures and implementation of funds;
3, to provide Party B to meet the completion of the bidding business required to meet the technology, drawings, services, business and other information, and the authenticity of the information provided, the completeness, Accuracy is responsible for;
4, designate the person as Party A's project leader, on behalf of Party A to contact and deal with specific matters related to the bidding process;
5, in the "agreement" during the performance of Party A to ensure that Party B independently perform the "agreement" and without any interference. "
6, Party A has the right to ask Party B about the progress of the bidding process and put forward proposals to participate in the whole process of bidding activities;
7, according to the evaluation report to determine the winning unit and the winning bidder to sign a supply contract;
Four, Party B's Rights and obligations
1, Party B has the right to charge the bidding agent service fee of the winning party according to the agreement reached between Party A and Party B in accordance with the relevant laws and regulations;
2, when Party A provides insufficient or unclear information, Party A must be required to make up for the relevant information;
3, have the right to participate in the organization of the Party involved in bidding for the relevant meetings and activities;
4, in accordance with the provisions of the preparation, publication and sale of bidding documents, and has the copyright, Party A only has the right to use, may not be copied, circulated;
5, on behalf of Party A in accordance with the procurement requirements for the selection of experts, the formation of the bid evaluation committee / negotiation team / request for quotations for the bidding activities; refused to carry out the Party A on the procurement activities to put forward the requirements do not comply with the provisions of the requirements.
6, in accordance with the law in accordance with the principles of openness, fairness, justice and honesty and trustworthiness of the organization of the bidding process, to safeguard the legitimate rights and interests of all parties;
7, on behalf of the Party to formulate and review the bidding documents, and in the media designated by the financial sector to publish procurement announcements; bidding documents, such as the need for clarification and modification of the confirmation of the Party to clarify and modify on behalf of the Party to be clarified and modified, and to notify the bidding units;
8, in the evaluation of bids, negotiations, the end of the inquiry work, Party B has to urge the winning party and the purchaser to sign the contract of sale and purchase obligations; and all the archives will be organized into a volume sent to the relevant departments for the record
Fifth, the interpretation of the agreed matters and changes
1, the interpretation of the tender documents belong to the Party.
2, the bidding process with complaints or objections, according to the supervision department and relevant laws and regulations, in principle, Party A to reply or Party A entrusted Party B to reply in writing.
Sixth, the contract in the course of dispute, the parties to negotiate a solution, consultation fails to the people's court according to law
seventh, the other
1, the bidding will be held in principle in the bidding agent, if the purchaser to determine the address of the bidding meeting, the travel, food and lodging expenses paid by the purchaser.
2. The second cost of re-opening and evaluating the bids, according to the actual situation, the costs incurred by the supervisory authority to clarify the responsibility, after the coordination between the A and B parties.
3, this agreement in triplicate, A, B, each side of a copy of the supervisory authority for the record, this agreement has the same legal effect.
4, this agreement is signed by the legal representative of both parties or delegate and stamped with the official seal, shall enter into force, the procurement bidding agency work is completed, and the notice of award and settlement of payments after the expiration of the notice.
5, this agreement is not exhaustive matters, by the parties **** with the negotiation.
Eight, the unexhausted matters, additional provisions:
Party A unit (seal): Party B unit (seal):
Legal representative: Legal representative: Legal representative:
Attorney: Attorney:
Address: Address: Address:
Tel: Tel: Tel:
Fax: Fax: ()
Month of 2000 Month of 2000
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