It's very necessary to have a contract for sales materials, and make all the items clear, which is a great guarantee. The following is the "Simple Material Sales Contract Template" compiled by me for everyone, for reference only, and you are welcome to read it. Template of material sales contract is simple (1)
Party A (hereinafter referred to as "Party A"): _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (hereinafter referred to as "Party B"): _ _ _ _ _ _ _ _ _ _ _ _ _.
article 1 contents of cooperation
party b shall provide party a with dressing change and maintenance services for fire fighting equipment and fire extinguishers, and party b shall follow up all the fire fighting equipment and fire extinguishers purchased by party a.
article 2 product quality requirements
the product quality, dressing change and maintenance service of fire extinguishers in the agreement shall meet the quality requirements stipulated by relevant national laws. Party B also guarantees that it can pass the fire inspection and acceptance.
article 3 delivery
3.1 party b shall provide the supply list and affix the company seal, and fill in the name, quantity, unit price and amount of all products in detail.
3.2 party b shall transport the goods to the delivery place designated by party a.
3.3 when party a receives the goods from party b, it shall notify party b in time if it finds any wrong loading, missing parts and other defects, and party b shall replace and supplement them free of charge within 2 days after receiving the notice, so as to meet the standards in the agreement.
article 4 quotation and settlement
4.1 the price of products provided by party b shall be subject to the price list confirmed by both parties.
4.2 both parties agree to pay in RMB, and the payment method is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4.3 settlement method: after the goods are accepted, Party A shall pay all the settlement price to Party B within 7 working days.
article 5 content and price of procurement
article 6 effectiveness and duration of the agreement
6.1 this agreement is made in quadruplicate, with party a holding two copies and party b holding two copies, and shall come into effect after being signed and sealed by authorized representatives of both parties.
6.2 the term of the agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 7 modification and dissolution of the contract
7.1 this agreement can be modified by mutual agreement, and both parties shall establish a supplementary agreement and a model contract for the modification.
7.2 this agreement can be dissolved by mutual agreement.
7.3 if one party breaches the contract in the following ways, the other party has the right to terminate the contract and demand the breaching party to compensate the economic losses or bear the liabilities for breach of contract.
① party b unilaterally terminates the agreement without reason, stops the supply in the middle or stops the supply without the written consent of party a ..
② The products supplied by Party B have quality defects and have not been replaced in time within the validity period after being notified by Party A..
③ party a terminates the agreement without reason, causing losses to party B ..
article 8 warranty period and after-sales service
8.1 the warranty period of the products under this agreement is 24 months from the date of acceptance. If it is necessary to replace or repair the parts due to Party B's responsibility, the warranty period shall be 24 months from the date of re-acceptance.
8.2 party b provides quality services for party a, and implements the whole-course tracking service for the fire-fighting equipment and fire extinguishers that party a purchased and maintained at party b, and assists in the inspection at least once a year. Party A can make an appointment by telephone at any time if necessary, and Party B will arrive within one working day.
8.3 fire fighting equipment purchased by party a at party b is delivered to the door free of charge; Party B will pick up the fire extinguishers after dressing change and maintenance, and return them to Party A in time after dressing change and maintenance.
8.4 party a shall correctly use, keep and store the fire extinguisher in strict accordance with the instruction manual of the fire extinguisher; Check the pressure gauge frequently. Once it is turned on, it must be refilled and maintained in time even if it is not sprayed much or the pressure gauge is below the green line. If necessary, Party B can be informed to give on-site guidance.
8.5 party a shall enjoy the free treatment of spare parts for dry powder fire extinguisher maintenance of the contracting unit of party b.
Article 9 Force Majeure
9.1 Force Majeure in this Agreement refers to events that cannot be foreseen, avoided or overcome when this Agreement is signed.
9.2 if either party fails to perform the agreement due to force majeure, it shall promptly inform the other party of the reasons for its failure or delay in performance, and provide written proof within fifteen days. Both parties shall negotiate whether to change or delay the execution of the agreement.
9.3 losses caused by force majeure shall be settled by both parties through negotiation.
article 1 liability for breach of contract
1.1 if party b delays delivery or the delivery quantity is insufficient, party b shall pay party a 1% of the total value of this batch of goods as liquidated damages.
1.2 if the products delivered by party b do not meet the specifications and quality requirements, party a has the right to refuse to go through the receiving procedures, and has no responsibility to keep them on its behalf, so party b shall be responsible for all the expenses incurred;
1.3 during the warranty period of the products, if the products supplied by Party B have quality problems or are damaged, Party B shall be responsible for repairing or replacing them free of charge, except for the abnormal use of Party A or human reasons.
1.4 if party a terminates the agreement in accordance with article 7.3 of this agreement, party b must return all the money paid by party a within one week after receiving the notice of termination of the agreement from party a. if the equipment has been delivered, party b will take back the equipment by itself within one week after returning the payment.
article 11 dispute settlement
11.1 all disputes arising from this agreement or the execution of this contract shall be settled by both parties through friendly negotiation. if negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
annex to article 12
annex 12.1 has the same legal effect as this agreement and is an inseparable part.
party a (signature): _ _ _ _ _ _ _ _ _ _ party b (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _
Party B (hereinafter referred to as "Party B"): _ _ _ _ _____________
Party A and Party B, through full friendly negotiation on the basis of equality and voluntariness, have reached the following agreement.
Article 1 Name, specification, model, quantity, price and quality standard of raw materials
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 2 packaging requirements
1. party b is responsible for packaging without damage and protecting the quality of raw materials.
2. The packing materials are provided by Party B, and will not be recycled and charged.
article 3 delivery time, place, mode of transportation and risk burden
1. delivery time: _ _ _ _ _ _ _ _ _ _ _.
2. delivery place: _ _ _ _ _ _ _ _ _ _ _ _.
3. mode of transportation: adopt the mode of transportation, and the transportation expenses shall be borne by party B ..
4. Risk bearing: The ownership of raw materials and the risks of damage and loss shall be borne by Party B before delivery and Party A after delivery.
article 4 weighing and testing
1. weighing: the weight of raw materials is based on the weighing list of party a's scale.
2. testing: the testing of raw materials is based on the quality inspection report issued by party a.
article 5 acceptance
1. initial acceptance: within three days after the raw materials arrive at the place designated by party a, party a will conduct initial acceptance, which includes checking the outer packaging, shape, appearance, color and weighing of the raw materials. after the initial acceptance, party a will sign the receipt for confirmation, but this behavior does not mean that the acceptance is qualified.
2. Re-acceptance: Within 3 days after the initial acceptance, Party A will test the raw materials, issue a quality inspection report after the test, and it will be deemed as delivery after the re-acceptance or concession acceptance.
if there are hidden (inherent) quality defects in raw materials that are not easy to be detected, Party A shall raise a written objection within three days after the quality defects are discovered, and Party B shall replace or return them within three days, and all expenses arising therefrom shall be borne by Party B, and Party A shall be compensated for the economic losses caused thereby.
article 6 total price and payment method
1. total price: (RMB) (RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. terms of payment: payment after the arrival of the goods, bank acceptance of bills of exchange or cash settlement.
if party b fails to issue the full value-added tax paid invoice within the agreed period, party a has the right of defense first and does not pay the remaining payment.
Party B's account opening information is as follows:
Party B promises to Party A to be honest and confidential, to operate in good faith, to prohibit commercial bribery, to protect Party A's business secrets and to ensure the full and proper performance of this contract. For details, please refer to Annex 2, Integrity and Confidentiality Commitment Letter.
if party a's employees or clients ask party b for the property or non-property interests in the letter of commitment on integrity and confidentiality in annex 3, party b shall immediately report and expose them to party a. Party A shall keep secret to Party B who reports the truth and strictly abides by the letter of commitment of honesty and confidentiality, and give priority to the invitation to offer under the same conditions.
Article 8 Liability for breach of contract
1. If Party B fails to deliver the goods within the time limit, the original price shall prevail when the price rises; When the price drops, it shall be implemented according to the new price, and for each day of delay, it shall pay a penalty of 7‰ of the total price to Party A and compensate Party A for the production and operation losses caused by it. If the goods are not delivered for more than 3 days, Party A has the right to choose to terminate the contract.
2. if party b fails to deliver the goods within the time limit, party b shall give priority to the continued performance of this contract and shall not supply the goods to a third party. Otherwise, a penalty of 1% of the total contract price shall be paid to Party A..
3. If Party B drives up the price, or its personnel collude with Party A's personnel, or collude with a third party to cause the price of raw materials to be higher than the market price by 3% (including 3%), Party B shall not only refund the higher price, but also pay Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the price of raw materials is higher than the market price but does not exceed 3%, the higher price shall be refunded.
4. Party B promises that the delivered raw materials and the third party have no property rights defects, and have not been awarded, sealed up or detained by state authorities or arbitration institutions. Otherwise, it will be regarded as Party B's breach of contract, and Party B shall pay 3% of the total price as liquidated damages to Party A and compensate Party A for the production and operation losses caused thereby.
5. if party b violates the commitment of integrity and confidentiality in annex 3, it shall pay a penalty of 3% of the total price to party a, and compensate party a for the production and operation losses caused thereby. if it is suspected of a criminal offence, it shall be transferred to judicial organs for criminal responsibility according to law.
6. When Party B learns of Party A's confidential information such as technology and operation during the performance of the contract, it shall undertake the obligation of confidentiality, and shall not disclose, use or allow others to use it (for details, see Annex III Commitment on Integrity and Confidentiality). Otherwise, it shall be regarded as a breach of contract by Party B, and Party B shall pay a penalty of 3% of the total price to Party A, and compensate Party A for the production and operation losses caused thereby.
7. if party a resolves the dispute through litigation due to party b's breach of contract, all expenses (including but not limited to reasonable attorney's fees, notarization fees, travel expenses, etc.) incurred by party a in the process of realizing the creditor's rights shall be borne by party B ..
article 9 dispute settlement methods
disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, a lawsuit shall be brought to the people's court of Party A's domicile.
article 1 contract signing and notification method
1. this contract is signed by fax: first, both parties negotiate by phone, then party a writes the contract signature (fax number:) and makes an offer to party b (fax number:), and party b will reply to the fax after receiving the fax signature of the contract to make a commitment;
2. During the performance of this contract, the business personnel entrusted by Party A (citizen ID number:) communicate with the business personnel entrusted by Party B (citizen ID number:) by email or in writing, and the email account number of Party A is; Party B's e-mail account number is. Neither others nor other means shall be regarded as a binding expression of will for both parties.
Xi other agreed matters
1. The contract contains an annex: Annex I: a copy of the business license (signature), a copy of the organization code certificate (signature), a copy of the legal representative certificate (original), a copy of the ID card of the entrusted agent (signature) and a power of attorney (original) of both parties.
2. if there are any matters not covered in the contract, both parties shall make a supplementary agreement after consultation. The supplementary agreement and the annexes to this agreement are an integral part of this contract. The express mail, fax and e-mail exchanged between the two parties confirm their legal effect.
3. this contract is made in sextuplicate, with party a and party b holding three copies respectively, and shall come into effect after being signed and sealed by both parties.
party a (signature): _ _ _ _ _ _ _ _ _ _ party b (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ (hereinafter referred to as Party A)
Supplier: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
1. Product name: _ _ _ _ _ _ _ _ _ _ _ _ _.
second, quantity: _ _ _ _ _ _ _ blocks.
iii. price: _ _ _ _ _ _ (including tax). Invoices shall be issued according to Party A's requirements (such as shale bricks, etc.), and factory certificates and inspection reports shall be provided.
iv. acceptance criteria
party a, together with relevant technical managers and warehouse keepers, shall accept the goods according to the relevant provisions of the contract. if the quality, quantity and specifications of the goods delivered by party b do not meet the national standards and party a's requirements, party a has the right to sign for or return them according to the actual situation, and the relevant expenses arising therefrom shall be borne by party B ..
5. party b shall bear the responsibility.