Automobile Maintenance Contract (I) Entrusting Party (Party A): _ _ _ _ _ _ _ _ _ _ _ _
Contractor (Party B): _ _ _ _ _ _ _ _ _ _ _
According to the Contract Law of People's Republic of China (PRC) and other laws and regulations, Party A and Party B have reached the following agreement on automobile maintenance on the basis of equality, voluntariness, fairness and good faith:
Article 1 Vehicle maintenance
1. License plate number _ _ _ _ _ _ _ _
2. Engine number _ _ _ _ _ _ _ _
3. Color _ _ _ _ _ _ _ _ _ _ _ _
4. Model code/car _ _ _ frame number
6. Line kilometers _ _ _ _ _
Article 2 Maintenance categories and items
Party B shall diagnose and inspect the vehicles that need maintenance, put forward the categories and items that need maintenance, and fill in the Vehicle Diagnosis and Inspection Form before maintenance.
After confirmation, Party A shall sign a diagnostic checklist before vehicle maintenance.
Article 3 the maintenance parts materials
1. Where Party B provides materials for maintenance parts, it shall truthfully fill in the list of materials, indicating the original parts, sub-factory parts or maintenance parts respectively, and clearly mark the price to ensure the quality.
2. During the maintenance period, Party B will replace the accessories and components and hand them over to Party A for its own disposal.
Article 4 Maintenance price
1. Party A agrees that Party B will calculate the price according to the published unit price of working hours/working hours and the price difference rate of purchasing and selling materials.
2. Implementation standard of settlement man-hour quota: provided by automobile manufacturers and formulated by the Municipal Traffic Management Bureau.
3. Maintenance budget: _ _ _ _ _ Yuan, in words: _ _ _ _ _ _ _ _ _ _.
In which: working hours are _ _ _ _ yuan, in words: _ _ _ _ _ _ _ _ _ _ _; The material fee is _ _ _ _ _ _ _ Yuan, in words: _ _ _ _ _ _ _.
4. If the maintenance cost is higher than or lower than _ _% of the maintenance budget cost, it shall be settled by both parties through consultation, otherwise it shall be settled according to the actual maintenance cost.
Article 5 Vehicle handover
When Party B receives the vehicle to be repaired, Party A shall take away the movable articles in the vehicle by itself.
If vehicle accessories and equipment are filled in the diagnostic checklist before vehicle maintenance, Party B shall be responsible for keeping these accessories and equipment and the repaired vehicle before delivery.
Article 6 Quality standards
1. Implementation of quality standards: requirements of national standards, industry standards, local standards, maintenance manuals of production enterprises and other related materials.
2. The quality guarantee period shall be implemented according to the following item _ _ _ _.
(1) It shall be implemented in accordance with Article 37 of the Management Regulations on Motor Vehicle Maintenance issued by the Ministry of Communications: the quality guarantee period for vehicle or assembly repair is xx0km or 100 days; The quality guarantee period of secondary maintenance is 5000 kilometers or 30 days for the vehicle; The quality guarantee period of first-class maintenance, minor repairs and special repairs is XX kilometers or 10 days.
(2) The vehicle travels for _ _ _ _ _ _ kilometers or _ _ _ _ days promised by Party B (not less than the provisions of the Ministry of Communications).
3. The warranty period is calculated from the date when Party A picks up the car after the maintenance is completed; In case of repair due to maintenance quality problems, after the repair is completed, the repaired operation items shall be recalculated from the date when Party A accepts and picks up the car.
Mileage and date indicator, whichever comes first.
Article 7 Completion acceptance
1. The completion date is _ _ _ _ _ _ _ _ _ _ _.
2. If the vehicle has passed the quality inspection after completion of maintenance, Party B shall issue a national unified vehicle maintenance completion factory certificate for vehicles with more than two-level maintenance (inclusive); Party B shall issue the maintenance qualification certificate (including the settlement list) to the vehicles below the second level.
If Party B fails to issue or issue it, Party A has the right to refuse to pay the fee.
Article 8 Settlement
1. After the vehicle maintenance is completed, Party B shall issue a legal settlement bill to Party A, and attach the Guilin Motor Vehicle Maintenance Settlement List supervised by Guilin Transportation Management Office. The cost of working hours and materials should be itemized.
If Party B fails to produce a legal settlement bill and list, Party A has the right to refuse to pay the fees.
2. Payment method: cash □ transfer □ other _ _ _ _ _ _ _.
3. Payment terms: _ _ _ _ _ _ _ _ _ _ _ _.
Article 9 Liability for breach of contract
1. If the repaired vehicles, vehicle accessories and equipment are damaged or lost due to improper storage, Party B shall be liable for compensation.
2. During the quality guarantee period, if the vehicle cannot be used normally due to the maintenance quality, Party B shall be responsible for free maintenance and compensate Party A for the corresponding losses.
3. If Party B fails to deliver the vehicle, Party B may pay liquidated damages to Party A, and the amount of liquidated damages is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. If Party A fails to pay the maintenance fee, Party B has the right to detain the vehicle and pay liquidated damages to Party B, the amount of which is _ _ _ _ _ _ _ _.
5. If Party B finds that it is really necessary to increase the maintenance items, increase the agreed maintenance expenses or extend the maintenance period during the maintenance contract period, it shall notify Party A in time, explain the reasons and obtain the consent, otherwise Party A will not bear the liability for breach of contract caused by Party B's unauthorized increase of maintenance expenses or overdue payment of maintenance expenses; Party A shall give a reply within _ _ _ _ days after receiving the notice.
If Party A needs to change or terminate the contract midway, it shall notify Party B in time, and compensate Party B for the corresponding losses if it causes losses to Party B..
Article 10 Other agreements
1.__________________。
2.__________________。
Article 1 1 Dispute settlement
Disputes arising from this contract shall be settled by both parties through consultation, and may also be submitted to Guilin Automobile Maintenance Industry Association and other organizations for mediation; Or solve it according to the following _ _ _ _ method.
1. Submit to Guilin Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 12 Supplementary Provisions
1. Matters not covered in this contract shall be handled in accordance with national laws, regulations and rules.
2. This contract and its annexes are made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Automobile Maintenance Contract (II) Entrusting Party (Party A): _ _ _ _ _ _ _ _ _ _ _
Contractor (Party B): _ _ _ _ _ _ _ _ _ _ _
Does Party A have a car? Taiwan Province, upon mutual consent, Party A agrees to transfer the unit? Party B is entrusted to repair _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
first
Party A agrees that Party B is the vehicle maintenance unit designated by Yueyang Food and Drug Administration.
second
Service scope of Party B: vehicle overhaul, maintenance at all levels, minor repairs, annual inspection of vehicles and other services related to vehicle maintenance.
essay
Procedures for sending and handing over maintenance vehicles
Party B shall undertake vehicle maintenance business according to the arrangement of Party A's vehicle management leader. After completing the vehicle maintenance, Party B shall provide the printed fixed-point maintenance settlement list and submit it to the maintenance unit for review.
Article 4
Maintenance time: minor car repairs, first-class and second-class maintenance _ _ _ hours, and third-class engine maintenance _ _ _ _ hours; Overhaul the engine 4 days before leaving the factory; If the whole vehicle is not delivered from the factory according to the agreed time, Party B shall bear the liquidated damages of RMB for each day of delayed delivery.
Article 5
Maintenance service: Party B provides _ _ hours service (including holidays), and vehicles are on call _ _? When repairing, Party B will repair the rescue vehicle on the road, and the local rescue fee will be exempted.
Article 6
Quality assurance: Our factory implements three guarantees (return, replacement and compensation) for the quality of automobile maintenance, and the quality standards are strictly implemented in accordance with the quality standards of automobile maintenance industry in Hunan Province. The warranty period for overhauled vehicles is 50,000 kilometers or one year, and the warranty period for tertiary maintenance of engines is 1 10,000 kilometers. Party B shall be responsible for all vehicle losses and traffic accident losses caused by maintenance quality and parts problems.
Article 7 Rights and obligations of Party A:
1. In view of the long-term cooperative relationship established between Party A and Party B, Party A has the right to ask Party B to give priority to maintaining the vehicles maintained by Party A. ..
2. If the finished car is found to be unqualified or inconsistent with the "maintenance list", Party A has the right to ask Party B to rework it for free until it meets the requirements.
3. Party A shall settle the vehicle maintenance fee with Party B according to this contract.
Article 8 Rights and obligations of Party B:
Party B has the right to require Party A to settle the vehicle maintenance fee on time; Party B shall give priority to providing maintenance services for vehicles sent by Party A for repair; Party B shall not transfer the obligations agreed in this contract to any third party; ? Party B shall complete the maintenance work within the time specified in the "Maintenance Delivery Form"; Party B shall ensure the safety of vehicles to be repaired; Party B shall guarantee the maintenance quality; Party B guarantees that all accessories are brand-new original factory accessories that meet the national quality standards, and shall not replace automobile accessories with inferior ones or at will;
Article 9 Method of settlement:
Settle accounts once every quarter. Party B shall issue a statement for each maintenance in the current period to Party A. ..
Article 10 The term of validity of the contract:
This contract is valid for years, from the date of signing the contract to? _ _ _ _ year? _ _ _ _ month? _ _ _ _ days.
Article 11 Disputes and Solutions
Any dispute arising from the performance of this contract shall be settled through negotiation as far as possible. If negotiation fails, either party has the right to bring a lawsuit to the people's court where Party A is located.
Article 12
For matters not covered in this contract, both parties may sign a supplementary agreement through consultation. The supplementary agreement has the same legal effect as this contract.
Article 13
This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect after being sealed and signed.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Automobile Maintenance Contract (III) Entrusting Party (Party A): _ _ _ _ _ _ _ _ _ _ _
Contractor (Party B): _ _ _ _ _ _ _ _ _ _ _
In order to regulate the motor vehicle maintenance behavior, Party A and Party B, through friendly negotiation, signed this agreement in accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations for mutual compliance.
1. The following terms in this contract shall be interpreted as follows:
(1) "Contract" refers to the agreement signed by Party A and Party B and indicated in the contract format, including all attachments, appendices and all documents constituting the contract.
(2) "Contract price" refers to the price that Party A should pay to Party B after Party B correctly and completely performs its contractual obligations according to the contract.
(3) "Maintenance" refers to vehicle overhaul, primary and secondary maintenance and minor repair, medium repair, annual inspection of vehicles and other related vehicle maintenance services specified in the bidding documents.
(4) "Accessories and materials" refer to the spare parts and consumables that Party B must provide to Party A when providing maintenance services according to the contract.
(5) "Party B" refers to the automobile maintenance manufacturer that provides designated automobile maintenance services.
(6) "Party A" refers to Party A receiving maintenance services.
Second, the scope of services
Vehicle overhaul, maintenance at all levels, minor repair, medium repair, annual inspection of vehicles and other services related to vehicle maintenance and vehicle maintenance in traffic accidents.
Third, the repair procedure
3. 1 When Party A's agent sends the vehicle for repair, he must fill in Party B's "Vehicle Maintenance Dispatch Sheet" (hereinafter referred to as "Dispatch Sheet") as required. The dispatch list shall clearly fill in the brand model, vehicle license plate number, accumulated mileage and maintenance items of the vehicle to be repaired, and submit it to Party B after being signed by Party A's agent, and Party B shall confirm the maintenance of the items with this list.
3.2 If Party B finds other faults (beyond the maintenance plan) during the maintenance, it must report to Party A in time and obtain the consent of Party A before continuing the maintenance. ..
3.3 Party B shall give priority to the maintenance of Party A's vehicles, and spare parts that cannot be replaced shall not be replaced as far as possible. Spare parts that cannot be repaired or repaired uneconomically can only be replaced with the consent of Party A. ..
Fourth, the maintenance cost.
4. 1 Party B shall calculate the maintenance cost according to the working hour quota and charging standard not exceeding the provisions of Guangdong automobile maintenance industry. See the attached quotation sheet for the scope and standard of preferential treatment.
(1) Maintenance expenses shall include: working hours, materials and taxes.
(2) The working hours fee includes the charging standard of working hours fee for minor repairs and major repairs. (The meanings of minor repairs and major repairs are explained in the remarks of "Maintenance Man-hour Quotation List")
(3) Material cost, i.e. material price, shall be listed separately in the official maintenance invoice issued by Party B. ..
Verb (abbreviation for verb) Vehicle handover procedure
5. 1 After the vehicle maintenance is completed, Party B shall fill in the "Vehicle Maintenance Settlement Sheet" (hereinafter referred to as "Settlement Sheet"), carefully fill in the specific parts, materials and components consumed, pricing, working hours and warranty period of vehicle maintenance, indicate the preferential items, and submit them to the manager of Party A for review and signature. This document is copied for future reference.
5.2 Party A shall carefully check the completed vehicles. If the maintenance result meets the requirements of sending for repair and the maintenance cost is calculated reasonably, the agent of Party A shall sign the "Settlement List" for approval; If the repair results do not meet the repair requirements, the maintenance cost calculation is unreasonable, or the unqualified parts and materials are found, Party A shall raise the existing problems with Party B in writing. If Party B can't give a convincing answer, Party A can report to the statutory inspection agency for inspection.
5.3 The old parts after repair and replacement shall be returned to Party A. ..
5.4 When Party B delivers the whole vehicle to Party A, it shall submit the "settlement list" together with the factory certificate of maintenance completion to Party A..
5.5 If Party A fails to ask questions to Party B in writing within 5 days from the date of vehicle completion and fails to sign the "Settlement List", it shall be deemed that Party A agrees to accept the contents in the "Settlement List".
Settlement method of intransitive verbs
6. 1 This contract is settled in RMB.
6.2 Party B shall directly settle accounts with Party A with the following documents:
(1) official invoice;
(2) A "Settlement List" signed and sealed by the acceptance personnel of Party A. ..
6.3 Payment.
30th of each month is the deadline of that month. Party B shall submit all settlement lists (and print the general statement) and special invoices for automobile maintenance to Party A's agent for review and signature before the 5th of the following month, and go through the payment procedures within ten working days after being reviewed by Party A's financial department.
Seven. quality assurance
7. 1 When Party B provides maintenance services, its service quality shall be implemented in accordance with the relevant provisions and standards not lower than the Interim Measures for the Administration of Automobile Maintenance Industry, the Measures for the Administration of Automobile Maintenance Quality and the Interim Measures for the Administration of Motor Vehicle Maintenance Technology in Guangdong Province.
7.2 Within the warranty mileage and time agreed by both parties, all mechanical accidents and economic losses caused by maintenance quality shall be borne by Party B. ..
7.3 Party B shall provide quality assurance for vehicles that have passed the maintenance and left the factory.
7.4 Party B shall ensure that the materials used for maintenance are qualified, original products and unused genuine products (if it is really necessary to use ex-factory products or old disassembled parts, it must be approved by Party A), and fully meet the quality and performance requirements stipulated in the contract. Party B shall ensure that the used auxiliary materials have satisfactory performance during their service life under the conditions of correct installation, normal use and maintenance. After the maintenance vehicle is handed over to Party A, during the quality guarantee period, Party B shall be responsible for the defects in maintenance technology, process or spare parts and materials, and any defects or failures caused by Party B, and the expenses shall be borne by Party B. According to the inspection results of legal inspection institutions or during the quality guarantee period, if it is proved that the maintenance is defective, including potential defects or unqualified parts and materials, Party A will file a written claim with Party B according to this guarantee.
7.5 If Party B fails to take measures within the time stipulated in the service commitment attached to the contract after receiving the claim notice, Party A may take necessary remedial measures, but the risks and expenses shall be borne by Party B. ..
Eight. ask
8. 1 Party A has the right to submit the documents issued by the statutory inspection agency.
The vehicle maintenance quality inspection report will lodge a claim with Party B. ..
8.2 During the quality guarantee period stipulated in the contract, if Party A's claim is borne by Party B, Party B shall settle the claim in one or more of the following ways agreed by Party A:
(1) Party B agrees to waive the maintenance fee for this maintenance and bear part of the losses and expenses arising therefrom.
(2) Party B must replace it with a brand-new original qualified product that meets the specifications, quality and performance requirements stipulated in the contract free of charge. At the same time, Party B shall extend the warranty period of repaired or replaced parts as stipulated in the contract.
(3) During the warranty period, if the vehicle breaks down, the driver of Party A's vehicle shall remedy it in time to avoid further losses. If no measures are taken, Party B can only compensate for the initial losses.
8.3 If Party B fails to reply within 5 days after Party A sends the notice of claim, it shall be deemed that Party B has accepted the above claim ... If Party B fails to settle the claim in any way stipulated in the contract within 10 days after Party A sends the notice of claim, Party A will deduct the claim amount from Party B's performance bond (Party B needs to make up the difference in cash) or settle the claim through legal channels.
Nine. Party B's delivery delay
9. 1 Party B shall complete the maintenance project within the time specified in the maintenance notice and deliver the completed vehicle to Party A for acceptance.
9.2 During the performance of the contract, if Party B fails to complete the maintenance project on time and handle the handover formalities with Party A, it shall promptly notify Party A in writing of the reasons for the failure to deliver the goods on time and the possible delay time. After receiving the notice from Party B, Party A shall analyze the situation and decide whether to extend the maintenance time.
X. delay compensation
10.65438+ but the maximum compensation amount is ten thousand yuan only. Once the maximum amount of delay compensation is reached, Party A may consider terminating the contract and confiscating Party B's performance bond.
XI。 force majeure
1 1. 1 If Party B delays the performance of the contract or fails to perform its obligations under the contract due to force majeure, Party B will not be confiscated of the performance bond, nor will it be liable for overdue compensation or termination of the contract.
1 1.2 The "force majeure" mentioned in this article refers to the following unforeseeable events beyond the control of Party B, but does not include Party B's breach of contract or negligence. These events include: war, serious fire, flood, typhoon, earthquake and other events agreed by Party A and Party B. ..
1 1.3 Party B shall notify Party A and Party A in writing as soon as possible after the force majeure event occurs. Unless otherwise required by Party A and Party A in writing, Party B shall continue to perform its contractual obligations as far as possible, and seek to adopt a reasonable scheme to perform other matters not affected by force majeure. If the force majeure event lasts for more than 20 days, Party A, Party A and Party B shall reach an agreement to further perform the contract through friendly negotiation within a reasonable time.
Twelve. taxes and administrative charges
12. 1 All taxes and fees related to this contract collected from Party B by the government tax authorities according to the current tax law shall be borne by Party B. ..
Thirteen. Performance bond
13. 1 If Party B fails to perform its contractual obligations, Party A has the right to get compensation from the performance bond.
13.2 the performance bond shall be returned to party b within 7 working days after the expiration or termination of the contract, without interest.
Fourteen Dispute mediation
All disputes related to this contract arising from the execution of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, apply to the people's court of the place where the contract is signed for settlement.
Fifteen. Termination of contract due to breach of contract
15. 1 During the execution of this contract, Party A will regularly or irregularly check Party B's execution of this contract. In any of the following circumstances, Party A may notify Party B in writing to terminate this contract:
(1) The vehicle repaired by Party B has three quality problems;
(2) Without the consent of Party A, Party B sends the vehicle to other repair shops for repair;
(3) Without Party A's consent, Party B uses spare parts not manufactured by the original factory for vehicle maintenance without authorization;
(4) In any case, Party B exchanges old parts for vehicle parts to be repaired;
(5) Due to the quality problem of Party B's maintenance, the vehicle sent for repair has an accident, causing heavy losses;
(6) Failure to submit maintenance statistics to Party A seriously, timely and accurately every month.
15.2 Under no circumstances shall Party B provide any form of kickback to Party A's agent. Once found, Party A can immediately terminate the contract in an all-round way, confiscate the performance bond, and ask the relevant departments to investigate the responsibilities of the parties.
15.3 if party a fails to settle accounts with party b according to regulations, party b has the right to unilaterally terminate the contract and pursue economic compensation from party a. ..
Sixteen. Party B's service
Party B shall provide 24-hour service and accept the supervision of Party A. ..
16.2 Party B shall strictly implement the maintenance man-hour cost quota, charging standard and parts price stipulated in the contract, and accept Party A's regular or irregular inspection of automobile parts, maintenance quality, vehicle files and service commitments. If three violations are found, Party A will deduct its performance bond and cancel its qualification as a designated repair shop.
XVII. Validity of the Contract
This contract shall come into force as of _ _ _ _ _ _ _ _ _ _ _.
Eighteen. Entry into force of contract and others
18. 1 The contract shall come into effect after being signed and sealed by the representatives of both parties.
18.2 this contract is made in quadruplicate, with each party holding two copies.
18.3 if it is necessary to modify or supplement the contents of the contract, both parties shall negotiate and sign a written modification or supplement agreement. This agreement will be an integral part of this contract.
18.5 Party B shall not transfer its contractual obligations in whole or in part unless Party A agrees in writing in advance.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.