How to write the latest used equipment transfer contract model
People in the process of economic interaction in order to protect the interests of all parties, most people choose to sign a written contract with each other. This can be the rights and obligations between the two sides clearly agreed, to avoid the parties to the dispute did not have the relevant prior agreement. Used equipment transfer contract model: Purchasing unit: (hereinafter referred to as Party A) Supply unit: (hereinafter referred to as Party B) in order to increase the responsibility of Party A and Party B, to ensure the realization of their respective economic purposes, according to the "Chinese People's Republic of China * * * and the State Law of Contract" and the contents of the bidding documents, the A and B through friendly consultation, on the purchase of the A to the B side to reach the following agreement: A, the subject matter of the contract (name, specification, model, Second, the contract amount The total contract amount: capitals: RMB 10,000 yuan Upper case: RMB 10,000 yuan Upper case: RMB 10,000 yuan Third, the payment time and mode 1, the contract is divided into three installments: after the contract comes into effect within a day, Party A to pay Party B, the total amount of the contract % of the purchase price; equipment installation and debugging is completed, and preliminary acceptance of a week, the Party A to pay the total amount of the contract within % of the purchase price; the equipment normal operation of the day, the two sides formally acceptance of the contract within a week, Party A to pay the contract within Within one week after the formal acceptance by both parties, Party A pays Party B % of the total amount of the contract; after the expiration of the warranty period, the balance of the payment. (According to the relevant provisions of the bidding documents to change and modify) 2, the collection account number: 3, in each period of the contract payment days before the payment, Party B to Party A to issue the same amount of value-added tax invoices (according to the actual situation to be agreed upon) Fourth, the delivery time, place, mode 1, delivery time: the contract entered into force within days of delivery 2, delivery location: consignee's name: (should be the name of the unit contracted for) address: 3, the delivery method : Party B is responsible for the transportation of goods 4, freight mode: steam 5, Party B will contract equipment to the United States of America Industrial City and after the installation and commissioning, put into use and acceptance by Party A, only after the equipment delivery date. (According to the actual situation agreed delivery date and what is delivery: such as the provisions of the supply side of the equipment installation and commissioning, put into use as delivery, the equipment through the acceptance of the Party agreed to a clear time) Party A in the contract agreed to pick up the delivery location, transportation costs and transportation insurance are borne by Party B. The risk of damage and loss of the contract equipment is transferred to Party A after Party B completes the delivery. 6. Party B shall notify Party A of the shipment situation (shipment time, number of pieces, etc.) within one working day after the shipment of the contracted equipment, and Party A shall pick up the contracted equipment consigned by Party B in a timely manner after the contracted equipment arrives at the place specified in the contract. 7、When Party A extracts the contract equipment, it should check the outer box packaging of the contract equipment. Contract equipment packaging is undamaged, before picking up. If the contract equipment packaging damaged or found that the number of pieces of contract equipment packaging box does not match, should be notified within one working day to Party B, so that Party B for the contract equipment distress claim procedures. 8. Party A shall properly receive and keep the contract equipment delivered by Party B. The wrongly or excessively shipped goods shall not be accepted. Party A shall be responsible for proper storage of wrongly or excessively delivered goods and notify Party B in time, and Party B shall bear the costs incurred. 9. If Party A requests to change the delivery place, Party B shall be notified fifteen days before the delivery date specified in the contract. Due to the change of delivery address increased transportation and insurance costs borne by Party A. V. Acceptance time, place, standard and method 1. Acceptance time: Party B shall complete the installation and commissioning of the equipment within days after the contract comes into effect, and after the installation and commissioning is completed, Party A shall arrange the preliminary acceptance within days. The equipment shall pass the qualified acceptance of both parties within days after the contract comes into effect and Party A shall issue the acceptance certificate. 2. Acceptance place: 3. Acceptance standard: 6. On-site service (it is recommended to be agreed according to the actual situation) 1. The on-site personnel of the supplier shall abide by the factory rules and system of the demand side, and Party B shall be responsible for any violation. 2. 2. The on-site personnel of the supplier shall take care of their own food and accommodation. 3. If the demand side needs to invite the supply side to carry out non-quality technical services, the supply should be assisted. VII. Personnel training Party B is responsible for Party A's operation, maintenance personnel and the relevant technology technicians for operation training, maintenance training, equipment maintenance training, so that they fully grasp all the use of technology, in order to enable Party A personnel to normal use, repair and maintenance of equipment. (According to the technical requirements of the equipment, depending on the specific circumstances to be agreed upon or agreed in detail in the technical agreement; if not necessary, may not be agreed upon) VIII. Warranty 1, since the date of acceptance of the equipment by both parties in accordance with the terms of the manufacturer's free warranty service, free warranty service period of years. During the warranty period, Party B must send someone to Party A for on-site maintenance within days after receiving Party A's warranty notice. 2、Warranty period, such as due to fire, flood, earthquake, magnetic string into, and other irresistible causes and Party A damage caused by human factors, Party B is responsible for free repair, equipment and material costs borne by Party A. 3、After the warranty period, Party B must send someone to Party A for on-site maintenance within days after receiving Party A's maintenance notice. Equipment maintenance, replacement, Party A discretionary cost and service fees, fees agreed separately. IX. Liability for breach of contract 1. Party A shall pay Party B 5% of the total amount of the contract to return the goods without any reason. (If the other party puts forward similar provisions for this agreement, otherwise, it is recommended that this paragraph be deleted) 2, Party A late payment, every day late, should pay Party B 2 per cent of the total contract amount of liquidated damages, liquidated damages totaling no more than 5% of the total contract. (If the other party puts forward similar provisions can be used for this agreement, otherwise, it is recommended to delete this paragraph) 3, Party B late delivery, every day late, shall pay 1% of the total amount of the contract liquidated damages, liquidated damages cumulative total of not more than 30% of the total amount of the contract. If the late delivery exceeds one day, it is regarded as the delivery can not be made, Party B shall double back to Party A the paid amount, Party A has the right to terminate the contract and require Party B to pay 30% of the contract amount of liquidated damages. 4, the warranty period, Party B failed to perform the warranty obligations within the contract period, each day of delay, Party B to Party A to pay 1% of the contract amount of liquidated damages and compensation for other economic losses, liquidated damages cumulative total of not more than 30% of the total amount of the contract, Party B more than thirty days still did not fulfill the obligation of warranty, the Party has the right to terminate the contract and demand compensation for economic losses; Party B failed to receive notice from the Party A within thirty days Party B fails to repair the equipment to the state of normal use within thirty days after Party A's notice, Party A has the right to request Party B to replace the goods or terminate the contract and request Party B to compensate for the economic loss. After the warranty period, Party B fails to fulfill the maintenance obligation within the period agreed in the contract, for each day of delay, Party B shall pay to Party A 1% of the contract amount of liquidated damages and compensate Party A for other economic losses, and the cumulative total of liquidated damages shall not exceed 30% of the total amount of the contract. 5, the equipment is not in accordance with the agreement of the contract through the Party acceptance, each delay of one day to the Party to pay 1% of the total amount of the contract liquidated damages; more than one day is still not accepted, the Party has the right to terminate the contract, the Party should immediately return the money received and compensate for the Party suffered from other economic losses. X. Force majeure If force majeure event occurs, the party affected by force majeure event should obtain the notary public's certificate of not being able to perform or not being able to perform the contract in full, and notify the other party in time within 15 working days after the event occurs. Both parties agree that they can be exempted from all or part of the responsibility accordingly. XI, the contract changes The two sides to negotiate to resolve any outstanding issues; changes and modifications to the contract shall be agreed by both parties to change in writing. XII, dispute resolution If there is a dispute between the two sides, should be resolved through consultation; if the consultation fails, either party should be to the People's Court of the location of Party A to file a lawsuit. XIII, the contract comes into force and termination of the contract since the two sides signed and sealed after the entry into force of the rights and obligations of both parties to fulfill the completion of the contract, the contract is terminated. Fourteen, the contract in quadruplicate, each side of the two copies, with the same legal effect. Party A: Party B: Representative: Representative: Date: Date: Signing place: In summary, the model contract for the transfer of used equipment needs to be written by both parties to the contract, first of all, their identity information, and then write the current situation of the second-hand equipment, as well as the two sides in the transfer process of the rights and obligations of the specific content. Finally, it is also necessary to agree on the equipment transfer disputes when the solution. This will maximize the legal risks beforehand.