Purchaser: (hereinafter referred to as Party A)
Seller: (hereinafter referred to as Party B)
Party A and Party B, under the premise of *** together with the compliance with the "Chinese People's *** and the State Contract Law", by consensus, on the procurement of (hereinafter referred to as the product) matters from Party A to Party B to enter into this contract.
Article I Product Name, Material, Specification, Variety and Quantity
1, Product Name, Material, Specification, Variety and Quantity are shown in Annex I "Purchase List" of this contract
2 , the fixed total price has
included all taxes and fees for product production, transportation, installation, commissioning, repair, maintenance, etc., and Party A does not need to pay any other additional fees for this contract.
The second quality standard
The quality and technical standards of the products listed in the first article of this contract shall also comply with the following requirements:
1, in line with the current national, industry and Shanghai's relevant quality and technical standards;
2, in line with the xxx standard;
3, subject to the drawings confirmed by the signature of the Party A (see Appendix II, "xxx drawings "). / drawings: this item is not
Article 3 Party B's commitment to product quality, warranty period and after-sales service
1, Party B promises that the products and services it provides are free from any defects and flaws.
2, Party B undertakes to provide lifelong maintenance service and x years of warranty period for the products in this contract (calculated from the next day after Party A's written acceptance).
3, in the warranty period, the product quality problems (including the quality of equipment and the quality of installation), Party B shall be free to solve within × working days; Party B, such as failing to fulfill its warranty obligations in a timely manner, Party A has the right to entrust a third party to perform on behalf of the costs incurred are deducted in the warranty. For product quality problems beyond the warranty period, Party B should also provide paid maintenance services in a timely manner, Party B only charge maintenance materials and maintenance labor costs.
4, regardless of the causes of quality problems, Party B shall promptly repair to restore the use of the product function.
Article IV Packaging Standards, Supply and Recovery of Packaging
The packaging of the products shall meet the requirements of Party A. Any loss of the products during transportation due to poor packaging shall be borne by Party B. The packaging of the products shall be in accordance with Party A's requirements. Party B shall be responsible for the supply and recycling of product packaging.
Article V: Quantity and supply of accessories, spare parts and tools Party B undertakes to provide Party A with the necessary quantity of accessories, spare parts and tools (if any). In case of shortage or quality problem, Party B shall be responsible for the solution.
Article VI Reasonable Loss Standard and Calculation Method
The products listed in this contract have no loss.
Article VII Delivery and Installation of Products
1. Party B will transport all the products purchased by Party A to the place designated by Party A (address: ) by means of automobile transportation within × working days after receiving Party A's advance payment/× working days after receiving Party A's notice. All transportation costs shall be borne by Party B.
2. Party B shall notify Party A in writing of the following information within one working day prior to the dispatch of the products: the date of delivery, the expected date of arrival, the matters to be prepared by Party A, and the installation conditions.
3, all the products delivered to the location designated by Party A within × working days, Party B is responsible for Party A's requirements to complete the product installation. / Product installation completion time: no
4, all products after the end of the installation, Party B shall notify Party A to organize product acceptance.
Article VIII Transfer of Ownership
The ownership of the products shall be transferred to Party A from the date of written acceptance of the products by Party A's representative appointed by Party A. However, in case Party A fails to fulfill the obligation to pay the price of the products, the responsibility for the risk of the products shall still belong to Party B.
Article IX Acceptance Criteria and Methods and the Period and Method of Raising Objections
1. Acceptance Criteria and Methods:
1) Acceptance in accordance with the quality standards as set out in Article 2 of this contract.
2) the completeness and conformity of the product quality certificate, product packing list, product quality guarantee, product instruction manual, product warranty card and other information;
3) the intactness of the product's appearance and its conformity with the drawings and samples;
4) the product to meet the adaptability of its function;
5) the product installation and modulation completed Meet the technical requirements of the drawings.
2, the period and method of raising objections:
1) If Party A finds that the variety, model, specification, quantity or quality of the products do not conform to the above inspection standards during the acceptance process, it can raise objections and solutions in writing to Party B within seven working days. Party B shall be responsible for handling the objection within five working days after receiving the written objection from Party A. Otherwise, Party B shall be regarded as agreeing to the objection raised by Party A.
2)If Party A does not receive any reply from Party B after three working days of the written objection, Party A shall have the right to deal with the objection by means of requesting Party B to replace the product or return the product, etc.
The tenth objection shall be dealt with by Party B within five working days.
Article X Settlement Mode, Place and Period
1. The settlement mode is by check and the settlement place is in Shanghai.
2, in this contract after the entry into force of the x x, Party A to pay Party B contract price x x% of the prepayment of RMB x x x yuan (￥ × × × × × × yuan); / Advance payment: this item is not
3, Party A appointed representative of the Party to the written form of acceptance of the product within one working day after the acceptance of the Party A to the Party B to pay x% of the contract price of RMB (￥ $ yuan).
4, the fixed total contract price of × ×% of the balance as a warranty, to be paid to Party B within × working days after the expiration of the warranty period (if any). / Warranty deposit: this item has no
Article 11 Liability for breach of contract
1. If Party B fails to make the products according to the quality standard of Article 2 of this contract, or fails to deliver the products according to the specified schedule, or delays the completion of installation, or fails to deal with the objections raised by Party A for more than three days beyond the stipulated time of this contract, Party A has the right to unilaterally terminate the present contract, and request Party B to return the full amount of the price we have already paid and compensate the loss of Party A. and to compensate for Party A's loss.
2. If Party A fails to pay the contract price on time without any reason, Party A shall pay late fee to Party B for 3 per cent of the unpaid contract price for each day of overdue payment; Party B has the right to unilaterally terminate the contract if the overdue payment is more than five days.
3, such as product quality or installation quality leads to Party A or third party personal, property damage, Party B shall bear the corresponding liability for damages.
4. The total amount of all damages (including but not limited to breach of contract and tort liability) borne by Party A shall be limited to % of the price of this contract.
Article XII Ways of Resolving Contract Disputes
If a dispute arises in the course of the fulfillment of this contract, it shall be resolved through consultation between the two parties; if the consultation fails, either party may file a lawsuit to the court of competent jurisdiction in the place where the contract is signed.
Article XIII Annexes
The annexes to this contract include: Annex I, "×× Purchase List";
Annex II, "×× Drawings". / Annex II: This item is not available
Article XIV Other Matters
1. Party B shall submit to Party A a copy of its business license and qualification certificates, as well as the original product quality certificate or quality guarantee certificate, product instruction manuals and product warranty cards.
2, additions or modifications to this contract shall be completed in the form of a written agreement, this contract and its supplementary agreement (if any) shall be signed by an authorized representative of Party A and the corner of each page, Party A in the provisions of the place (including riding seams) stamped with the official seal or contract chapter, and signed by the representative of Party B and stamped with the seal of Party B after the entry into force.
3. Party A designates the representative of Party A, who is authorized by Party A in writing to perform its obligations under this contract.
4. This contract and its annexes *** pages in Chinese. This contract in two copies, each party to a copy, with the same effect, alteration is invalid.
5, the termination of this contract: the parties to terminate this contract or the expiration of the warranty period of the products in this contract, the termination of this contract.
6, the amount of this contract is expressed in upper and lower case, both should be consistent; if inconsistent, the upper case shall prevail. (No text below)
Party A: (seal) authorized representative: (signature)
Party B: (seal) representative: (signature)
Year and month:
Simple procurement contract example two
Demanding party: supply side:
Signing time: signing place:
The two sides on the procurement of goods and related trial, by the Full good consultation, reached agreement, and hereby sign this contract to *** with the letter.
I, the subject of the contract [product name, model, (specifications), unit, quantity, unit price, amount, delivery time] No. Product Name Specification Model
Unit
Quantity
Unit price
Amount
Delivery date
Remarks
123 Total: ￥
II. >Delivery Location:
Third, delivery mode: logistics to the goods, freight paid by the demand side.
Four, the goods packaging requirements: the supplier should ensure that the quality of packaging to meet the requirements of transportation safety, to protect the product itself from damage as well as to meet the requirements of the characteristics of the product itself.