1. Sample of construction machinery leasing contract
Lessor: (referred to as Party A)
Lessee: (referred to as Party B)
Party B due to the needs of the project to the Party A to lease vertical transportation equipment: construction of man cargo elevator. Party A and Party B to clarify the rights and obligations of equipment leasing, by *** with the consultation, to enter into the following terms so that the two sides *** with the compliance with the implementation.
First, the name of the equipment, the number of equipment and equipment leasing handover location, use place.
1, the name of the equipment:
2, the number of leases:
3, leased equipment handover location:
Lease location:
4, the use of equipment height:
Second, the lease period and date:
1, the lease period from the year from the date until the use of the completion of the deactivation. Party B, if the use of overtime, can be renewed supplemental agreement, but must notify Party A fifteen days in advance, for the renewal of the lease procedures.
2, the lease date: the contract signed and sealed by both parties after the entry into force of the installation and acceptance of the month of January, or installation of three days after the start of the calculation of the lease fee to the end of the equipment leased deactivation.
Third, the lease period equipment repair, maintenance and other:
1, the equipment leased during the maintenance and warranty work undertaken by the Party. Maintenance of general work must be completed within four hours, the agency replaced no more than 8 hours, special faults in 24 hours to complete, failed to resolve the corresponding lease fee deduction.
2, Party A's equipment into the site of Party B, Party B is obliged to assist Party A to keep a variety of equipment accessories, and Party B to provide a warehouse for safekeeping. If damage or loss occurs by Party B and is responsible for compensation.
3, the operator of the leased equipment for each three. (Wages borne by Party B)
4, the operation of the leased equipment by Party B is responsible for the costs paid by Party B, due to improper operation of the safety accidents occurring in Party B is responsible for the costs incurred by Party B. The costs incurred due to unauthorized command by Party B are borne by Party B. Due to illegal command of the costs incurred by the responsible party to bear.
5, Party A's equipment into the site of Party B, Party B should arrange for good equipment and a variety of accessories storage and management.
Fourth, the responsibility of Party A and Party B
1, Party B is responsible for the construction of the foundation of the equipment, the foundation must be in line with the parameters of the equipment, to meet the performance of the equipment, if due to the foundation of the problem (not in accordance with the data provided by Party A construction) caused by all the losses caused by Party B is responsible for the Party B, resulting in the loss of Party A's equipment by the party to bear. If the data provided by Party A is wrong, the loss caused by Party A shall be borne.
2. Party B shall not sell, transfer, reform, sublet, mortgage or any other infringement of Party A's ownership of the rented Party A equipment. Party A has the right to check the integrity of the equipment, Party B should provide all the convenience.
3. The inspection fee of the leased equipment shall be borne by us.
4, leased equipment into the scope of Party B equipment management.
5, Party B to provide the necessary installation site, power supply and road access work, to assist Party A to do a good job of equipment, verticality, level of observation, elevator attached to the wall mounting holes by the project is responsible for, so that it meets the specification requirements.
6, Party B is responsible for educating employees not to move the equipment, without Party A's permission to use the equipment caused by safety accidents and equipment damage by the responsible party.
7, Party A is responsible for providing the necessary food and accommodation facilities.
8, Party A operators to listen to Party B's normal work arrangements management, such as Party A operators do not listen to Party B's normal arrangements, Party B has the right to return to replace the personnel, and compensation for the corresponding losses.
9, Party A leased equipment by Party B scheduling, personnel 24 hours a day to listen to Party B arrangements management command.
10, Party A and Party B should carefully investigate the site before construction, the project should be prepared by Party A according to Party B's requirements for their own construction and installation programs, and designate targeted safety and technical measures, Party A must be strictly in accordance with the requirements of the Party B, into Party B's safety system management and standardized management.
V. Liability for breach of contract
Without the consent of both parties, no party shall change or cancel the contract, the defaulting party shall bear the responsibility for breach of contract in accordance with the relevant paragraphs of the Economic Contract Law.
Sixth, this contract, once signed, on both sides of the A and B have the same legal binding effect. Matters not yet resolved by the two sides of A and B consultations.
VII, this contract in four copies, A, B and two copies of each party, both signed and sealed into force.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ Day
2.Sample of Construction Machinery Leasing Contract
Lessor (Party A):
Lessee (Party B):
In accordance with the provisions of the "People's Republic of China*** and the State of the Contract Law", the two sides by mutual consensus, on the lease of the following equipment from Party B to Party A to reach an agreement:
I. The place of use of the equipment and the project:
II. Overview of the leased equipment
Name of the equipment, specifications and models, quantity (units)
III. Ownership of the equipment:
The ownership of all the leased equipment listed in the contract belongs to the lessor, and the lessee enjoys the right of use of the leased equipment and machinery during the lease period, and does not have the right of subletting of the equipment. The lessee shall not mortgage the equipment for any reason, otherwise all the consequences shall be borne by the lessee.
IV. Basic responsibility:
1. Provide good technical equipment.
2, the equipment into the construction site of Party B, Party A, the mechanics obey the Party B construction management personnel scheduling and command, and comply with the rules and regulations of Party B construction site.
3. The Party A operator should construct the equipment according to the operation regulations of the equipment.
V. Party B's basic responsibilities:
1. Provide accommodation and food for Party A's drivers without any compensation.
2, Party B is responsible for equipment in the construction site care and ensure the safety of equipment and personnel. Party B is responsible for compensation for any damage or loss of equipment caused by Party B.
3, Party B shall not force Party A to work against regulations or overload.
4, Party B shall check and accept the leased machinery and equipment at the delivery place, and at the same time, sign and stamp the receipt of machinery leasing to Party A
5, Party B shall conduct safety training for Party A to enter the construction site.
Sixth, the settlement method and related matters:
1, the lease period: from January to January, the rent began to calculate. If Party B uses it in advance, the rent will be calculated from the date of use. At the end of the lease period, Party B will hand over the equipment to Party A in good condition, and then go through the exit procedures. If Party B continues to rent need to sign a renewal contract, renewal of less than one month, the rental fee is calculated according to the actual number of days.
2, the settlement method: equipment rental fee calculated on a monthly basis, yuan / month, Party B in the Party confirmed that the equipment to Party A to pay the first month's rent of million yuan, and fully pay the entrance fee and reverse freight deposit of 5,000 yuan for shipment procedures. The reverse freight deposit shall be deducted from the monthly rent at the end of four months of the lease period. Party B shall deliver the next month's rent to Party A five days in advance of each month. If the rent is not paid by the due date, Party A has the right to stop the machine or remove the equipment from the site, and Party B shall bear the loss caused. The equipment is billed on a monthly basis. If the equipment is used for less than one month, it will be settled according to the whole month. More than one month, the excess is calculated by day (yuan / day).
3, the assumption of freight: the equipment's entry fee is borne by Party B, and the exit fee is borne by Party A. If the rental period is less than four months, the equipment will be delivered to Party A. The equipment will be delivered to Party B. If the rental period is less than four months, the check-out fee will be borne by Party B. Party B should notify Party A within five days before the equipment check-out.
4, working time: the monthly working time shall not exceed 300 hours, the exceeding part of 10 hours equivalent to one day to calculate the rent of machinery and overtime pay for the mechanic.
5, oil supply: Party B is responsible for the provision of the equipment required for the operation of the lease period in line with the operating standards of the oil, otherwise caused by the loss of downtime by Party B to bear.
6, equipment maintenance: Party B should assist Party A to do a good job of maintenance of equipment, the maintenance fee to be paid by Party A to the signature of the driver shall prevail.
7, the equipment due to faults caused by the work stoppage of more than 3 days per month (maintenance of a total of 12 hours equivalent to one day), if more than three days, the number of days in excess of the rental fee is not counted.
8, equipment rental period, Party B, such as the need to transfer the site construction, must obtain Party A's written consent, and to ensure that Party A's equipment at the end of the agreement to return.
7, the annexes to this contract when the contract is an integral part of the contract, and this contract has the same legal effect. The annexes of this contract include: the schedule of the lease contract and the supplementary provisions made by both parties through consultation.
VIII. Dispute resolution:
All disputes related to this contract, A and B shall be based on the "People's Republic of China *** and the State Contract Law" and other relevant provisions of the law and friendly negotiation to resolve. If the consultation fails, it shall be submitted to the Arbitration Committee at the place where Party A is located, and the arbitration award shall be made in accordance with the relevant procedures of arbitration. The arbitration fee and the winning party's attorney's fee shall be borne by the losing party.
Nine, this contract in two copies, by the A, B each party. A and B signed and sealed (contract chapter) date of entry into force.
X. If this contract is not stamped with a contract chapter, it is considered invalid contract.
Party A:
Legal representative:
Party B:
Legal representative:
3. Sample of construction machinery leasing contract
Lessor (referred to as Party A):
Lessee (referred to as Party B):
According to the Honest and trustworthy, the principle of equality and mutual benefit, in order to clarify the rights and obligations of Party A and Party B, by mutual consensus, the signing of this contract.
I. Party B, due to the needs of the construction project, the rental of Party A tower cranes, mixers, steel pipes, steel molds, fasteners, scaffolding, etc. and a variety of power equipment, Party A agreed to rent to the use of Party B at a cost (Party A provides Party B with a price list of machinery and equipment leasing).
Second, the type of leased goods, quantity, rent, compensation for damage to the standard according to market standards. The type, detailed specifications and quantity of the leased goods shall be subject to the bill of lading signed by Party B. The deposit, leasing fee and compensation shall be subject to the receipt issued by Party A.
Third, the use of the leased goods and the use of the leased goods, Party B shall use the leased goods for urban construction () projects, and to ensure the proper use of the construction specifications, operating procedures in accordance with national regulations, Party B shall not overload and illegal use of leased goods.
Fourth, Party B immediately after the contract came into effect to provide Party A with a schedule for the use of various specifications and quantities of the leased goods, so that Party A on time, according to the amount of supply.
V. The lease period is from January to January, *** counting days. Party B needs to extend the lease period because of the project, should be 15 days before the expiration of this contract, renew the lease contract.
Six, the lease fee should be paid monthly, Party B should be submitted to Party A before the 10th of each month, the list of the previous month's lease fee, and pay all the rent for the previous month, Party A received the rent to Party B issued a receipt.
VII, by mutual agreement, Party B shall pay Party A a deposit of leased goods RMB (capital)::, Party A shall issue a receipt to Party B after receiving the deposit and handle the pick-up procedures. Lease period, Party B shall not deposit against the lease fee, the lease expires, Party B to return the leased goods accepted without defects, the deposit is fully refunded to Party B (without interest).
VIII, Party B in the designated location to pick up the goods, pick up the two sides on the spot to count the number and acceptance of quality. Party B assigned as the pickup, after the pickup of Party A to Party B issued a bill of lading, Party B or the pickup signed or stamped on the bill of lading to confirm that the leased goods have been accepted as quality, intact. Party B is fully responsible for the quantity and quality of the leased goods after pickup, regardless of any accidents with Party A has nothing to do.
IX. The transportation, freight, loading and unloading costs for the pickup and return of the leased goods shall be borne by Party B.
X. During the lease period, the storage, repair and maintenance costs of the leased property shall be borne by Party B.
xi. During the lease period, Party B shall not transfer or sublet the leased property without Party A's consent, nor sell it or use it as collateral.
XII, Party B of the leased property should be properly stored, the correct use. At the end of the lease period, Party B shall return all the leased goods, the leased goods will be transported to the location designated by Party A on time and organize the stacking. Leased goods returned, the two sides to check and acceptance, such as storage, improper use of leased goods caused by damage, loss, Party B must bear the leased goods maintenance and compensation.
Thirteen, breach of contract
(1), Party B does not pay the monthly rent on time, shall pay Party A three thousandths of the amount of the daily rent of liquidated damages.
(2), Party B overdue return of the leased property, in addition to continue to bear the lease fee under this contract, every day to Party A to pay the total amount of overdue rent of three thousandths of the liquidated damages.
(3) If Party B transfers, sublets, or sells or mortgages the leased property during the lease period, Party A has the right to terminate the contract, and Party B shall immediately return the leased property, or else, it shall bear the responsibility for breach of contract in accordance with the provisions of paragraph (2) of this Article.
(4), other violations: such as economic losses and legal liabilities arising from failure to comply with the specification requirements or unauthorized operation, are borne by Party B.
Fourteen, the guarantor on Party B's contractual obligations to provide security to Party A, to ensure that Party B to fulfill the contractual obligations, such as Party B default, the guarantor in accordance with the provisions of the "Guarantee Law" on Party B default to assume responsibility for the guarantee.
XV, this contract in duplicate, signed by Party A and Party B, the contract enters into force.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ Day
4. Sample of construction machinery leasing contract
Party A: (Lessee):
Party B: (Lessor)
A, B and both sides, according to the "Chinese People's Republic of China *** and the State of the contract law" of the relevant provisions, in accordance with the principle of equality and mutual benefit, after consultation between the two sides, on the party A to the party B to lease machinery and equipment. Party B to rent machinery and equipment to sign this contract.
Project Overview:
1, Project Name: Yingpanshui - Gulang Shuangta Expressway, the fifth contract section.
2, the project location: Gulang County, Gansu Province, Xinbao Township.
3. Contracting method: monthly package with fixed unit price
I. Quantity and unit price of leased equipment
The unit price of this agreement is fixed unit price, which will not be adjusted later for any reason. The unit price includes Party B's machinery rental fee, taxes, profits and all risks and costs expressed or implied in the agreement.
Third, the lease period
from 20_x month xx to the works of Party A does not need until the field, if Party B can not enter the field according to the time of this agreement, the actual entry date of the lease fee.
Fourth, the responsibilities and obligations of Party A and Party B
(a), Party A's responsibilities and obligations
1, equipped with a person to manage the leased machinery scheduling.
2, to provide Party B driver accommodation and food.
3, is responsible for the development of relevant rules and regulations, and urge Party B to seriously implement.
4, responsible for arranging and coordinating Party B's machinery for operation.
5, the obligation to pay Party B equipment rental fees.
6, the main oil of the leased machinery by Party A.
(B), Party B's responsibilities and obligations
1, obey Party A's management, strictly implement Party A's rules and regulations.
2, responsible for the daily maintenance of machinery and equipment, bear the repair costs, accessories, sub oil and other perishable materials.
3, responsible for the daily management of the driver and the driver's wages, bonuses, and other benefits and treatment costs of payment.
4, responsible for Party B driver medical insurance, workers' compensation insurance premiums.
5, in order to ensure that Party A can normally use the machinery, Party B must be rented to the machinery with a double-shift driver to ensure that on-call to meet the needs of Party A construction.
6, in order to ensure the safety of construction machinery, Party B drivers must be licensed to work, according to the operating procedures for mechanical operations, and shall not be unauthorized operation. If Party B's machinery in the course of the operation of safety accidents, Party B will bear all the responsibility for safety accidents and costs, Party A does not bear any responsibility and costs.
7, the machinery in and out of the mobilization fee by Party B's own responsibility.
8, in order to maintain local stability and security, Party B's drivers shall not cause trouble, no alcohol, no gambling, no fighting, if Party B's personnel do not abide by the discipline caused by lawlessness and other responsible accidents, Party B shall bear all the responsibility, Party A does not bear any responsibility.
9, in order to safeguard the interests of Party A, Party B drivers are not allowed to drive machinery in the lease period to do private work, selling fuel, if such phenomena occur, Party A management found once, Party A has the right to terminate the contract, and all the previous lease fees will not be settled payment.
V. Settlement and payment mode
Settlement mode: monthly settlement on the 20th of the month, the monthly machinery has 3 days of maintenance time, if the maintenance time is more than 3 days, according to the unit price of this agreement, according to the actual use of the days of settlement. Payment: 70% of the month's leasing fee is paid to Party B after the monthly settlement, and the remaining 30% is paid to Party B after the end of the lease. When Party B pays, Party B must improve the financial procedures in accordance with the national tax law, and provide Party A with a full amount of official invoices of the state or withholding tax by Party A.
Sixth, the responsibility for breach of contract
This agreement is signed by both parties *** with the negotiation, both parties must *** with the observance of any party shall not be changed or discharged arbitrarily, in the absence of consent of Party B does not fulfill the terms of the contract or unilaterally terminate the contract, depending on the Party B as a fundamental breach of contract, the Party has the right not to settle and to compensate for the economic losses caused to Party A.
VII.
VII, other
1, Party B leased to Party A machinery into the field, Party B shall not be arbitrarily transferred out or exchange, in case of special circumstances, to inform Party A, the two sides *** with the negotiated settlement.
2, Party B is responsible for its own win-loss, due to Party B's mismanagement of losses, Party A is not responsible.
3, for the settlement of payment must be the signer of the agreement or its written authorization of the commission agent, other people are not allowed to handle.
Eight, the entry into force of the agreement and dissolution
This agreement *** in triplicate, Party A holds two, Party B holds a copy of this agreement from the date of signing, to the Party to pay off the lease fee expires on its own.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ month ____ day _________ year ____ month ____ Day
5. Sample of construction machinery leasing contract
Lessor (Party A): __________________
Lessee (Party B): __________________
In accordance with the "Contract Law" and the relevant According to the "Contract Law" and the relevant laws and regulations, in order to clarify the rights and obligations of the lessor and the lessee, following the principle of equality, voluntariness, fairness and good faith, the two sides on the ____________ machinery leasing consensus, to enter into this contract.
I. The basic situation of the name of machinery and equipment
B to Party A to rent _________ machinery and equipment, the specifications of the machinery and equipment model is _________, the number of rental _________, the machinery and equipment is mainly used for _________.
Second, the lease time
The period of lease of this model equipment is _________ from _________ month _________ to _________ day _________, which lasts for _________ days.
Third, the ownership of machinery and equipment
The ownership of all leased equipment listed in this contract belongs to Party A. Party B only enjoys the right to use the leased equipment and machinery during the lease period, and does not have the right to sublease the equipment. Party B shall not mortgage the equipment for any reason, otherwise all the consequences caused by Party B.
Fourth, rent and payment
1, rent and calculation: rent _________ yuan / month; the actual use of less than a month part of the calculation in accordance with the monthly rental fee ÷ 30 days × the actual number of days of use.
2. Rental payment: The rental fee is calculated monthly. On the 25th of each month, the lessor will issue a statement and invoice for the month's rental fee to the lessee for settlement procedures. Party B shall pay the lease fee according to the landlord's payment for the project according to _________.
3. Rental concessions: the rental period of 12 months according to the 10-month rental fee. The rental fee shall be calculated according to _________ for the expiration of the rental period of _________.
4. Others: __________________________________________.
V. Responsibilities of both parties
1. Party A's responsibility
(1) According to Party B's request to enter the machinery into the site in time for delivery.
(2) Responsible for the testing procedures and various management required documents.
(3) Provide machinery-related information.
(4) Obey Party B's command and accept Party B's inspection.
(5) Responsible for machinery repair and maintenance, provide 24-hour service to meet construction needs.
(6) Operators with valid certificates on duty.
(7) Party A assumes full responsibility for any mechanical failure caused by Party A's operators, and Party A will compensate for any loss caused to Party B.
(7) Party A is responsible for the maintenance and repair of the machinery.
2. Party B's responsibility
(1) Pay Party A the rent in time according to the contract.
(2) Provide accommodation and food to Party A's machine operators, the cost of which is borne by Party B.
Sixth, breach of contract
1, A, B must strictly fulfill the terms of this contract, without the written consent of the other party, either party shall not change or terminate this contract.
2, in the lease period, without the written consent of Party A, Party B shall not be leased equipment on the arbitrary increase and deduction of parts, leased equipment shall not be subleased or mortgaged, or the resulting loss of Party B shall bear the liability.
3, if Party B does not pay the rent according to the contract period or overtime use, Party A has the right to terminate the contract to call back the rented equipment, every day over Party B should pay normal rent to Party A and add 5% of the monthly rent as liquidated damages.
VII, this contract in accordance with the Chinese people's **** and the country's relevant laws, if any outstanding issues, the two sides need to formulate another written agreement or in accordance with the relevant laws and regulations. If there is a dispute, the two sides can not be successfully resolved, will be in accordance with the relevant laws of the People's Republic of China *** and the State, through the relevant organizations to resolve.
VIII, this contract in duplicate, A and B each party holds a, signed and sealed by both parties, immediately effective.
Lessor (seal): ___________ Lessee (seal): ___________
Legal representative (signature): _______ Legal representative (signature): _______
______ year ______ month _______ day ______ year ______ month _______ _______