Protocol concept

Agreement: An agreement refers to a contract with economic or other relations concluded by both parties after consultation on a certain matter or issue. Agreement and contract belong to a large category of economic documents, both of which have legal effect and are closely related. An agreement can be a preliminary opinion that the parties wish to conclude a contract, and a contract is a concrete manifestation of implementing this opinion. But there are still differences between an agreement and a contract.

1, the angle range is different. Agreements often involve more macro perspectives and general principles. Consultation is about political, economic, military, legal and other related issues, ranging from national relations to personal exchanges, cooperation and dispute settlement, with wide adaptability; Most contracts are signed on a specific matter from a micro perspective.

2. The content requirements are different. The content of the agreement is not as detailed as the contract. For example, if two enterprises need to sign a joint venture or joint cooperation relationship, they can sign a single activity with related content under the agreement.

3. The time of failure is different. The validity of contracts is generally short. Target? Once realized, the contract is invalid; The validity period of the agreement is generally long, and some of them are permanent, such as the house exchange agreement, whose role will exist for a long time until the owner changes hands again.

Format writing of protocol

The format and writing of the agreement generally consists of four parts: title, contracting unit, text and signature.

1, the title of the property right agreement is the same as the title of the contract, that is, content+language.

2. Names and addresses of both parties to the contract unit (written in a similar way to the contract)

3. The text consists of reasons and themes. The reason indicates the purpose and basis of signing the agreement. Write the agreement item by item in the text. Specifically:

1)* * * The protocol is the same as the task and goal.

2) Obligations and rights of both parties.

3) Liability for breach of contract.

4) period of validity.

5) protocol scoring and saving.

6) Arbitration method.

4. The signature is written in the lower right of the text, with the full name and representative name of the agreement unit, and signed and sealed. Then write down the date of signature and so on below.

Matters needing attention in written agreement

1, pay attention to equality and mutual benefit

Step 2 pay attention to legality

3. Pay attention to clear language.

Model agreement 2

Party A:

Party B:

Through friendly negotiation between Party A and Party B, based on the principle of equality and mutual benefit, the following agreement is reached on the establishment of a taxi company through cooperative investment:

1. The name of the joint venture is North Taxi Company. Operating 100 cars. Among them, there are 7 Mercedes-Benz 280-S cars in West Germany (the mileage of used cars does not exceed 65,438+07,000 kilometers, with a brand-new appearance) and 83 Toyota cars in Nissan (including 50 cars with odometers, air conditioners and walkie-talkies). ) and 65,438+00 vans.

This joint venture is a limited company. The investment ratio of both parties is 3: 7, that is, Party A accounts for 70% and Party B accounts for 30%. The total investment is US$ 6,543,800+400,000, of which US$ 980,000 is invested by Party A (including public facilities such as warehouses) and US$ 420,000 is invested by Party B. The cooperation period is set at five years.

Three. The company has a board of directors composed of five members, three of whom are from Party A and two are from Party B. Party A is the chairman of 65,438+0 and Party B is the vice chairman. The general manager and deputy general manager are held by Party A and Party B respectively.

4. The gross profit obtained by the joint venture shall be taxed according to the national tax law, and all funds and employee benefits shall be deducted, and the net profit shall be distributed according to the investment ratio of both parties.

5. The net profit obtained by Party B can be collected in RMB. During the cooperation period, after Party B's net profit reaches Party B's investment amount (including intention), the assets of the enterprise shall be owned by Party A. ..

6. Both parties shall abide by the laws and regulations on foreign exchange, taxation, joint venture and labor formulated by the China Municipal Government.

7. Both parties agree to further discuss relevant matters and put forward specific implementation plans at an appropriate time.

Representative of Party A on behalf of Party B

XXX XXX

X year x month x day

Protocol format model 3

technical protocol

Buyer: (hereinafter referred to as Party A) Producer: (hereinafter referred to as Party B)

The following agreement is reached on the main technical parameters, mechanical structure, electrical control and other technical requirements, manufacturing, supply, installation and debugging. Party B guarantees to provide products conforming to this agreement, and is fully responsible for the quality, performance index, equipment debugging and after-sales service of the supplied equipment.

I. Overview

Second, the equipment technical parameters and characteristics

The casting and welding structural parts of machine tools need aging treatment to eliminate internal stress, guide rail surface treatment and scraping.

Three. Execution standards for manufacturing and acceptance.

1、GB？ T5226-96 Industrial machinery and electrical equipment Part I: General technical conditions;

2.GB/T9061-2006 General technical conditions for metal cutting machine tools;

3.JB/T9872-1999 General technical conditions for metal cutting machine tools;

4.JB/T9874-1999 General technical conditions for assembly of metal cutting machine tools;

5.JB/T10051-1999 General technical conditions for hydraulic system of metal cutting machine tools;

6.GB5226. 1-2002 General technical requirements for mechanical safety. Mechanical and electrical equipment Part 1.

Fourth, the supply cycle.

Party B guarantees to deliver the goods to Party A's warehouse or installation place within the time required by Party A. ..

Verb (abbreviation of verb) quality assurance

1. Three-guarantee service shall be implemented within one year after the equipment is delivered for inspection.

2. Warranty conditions: During the warranty period, if the parts are damaged due to Party B's improper design, Party B can provide free maintenance or replacement at the request of Party A, while the abnormal parts are damaged due to Party A's improper operation, which is not included in this warranty commitment.

Technical document on intransitive verbs

1. The equipment provided by Party B shall be accompanied by clearly printed technical specifications and corresponding contracts.

Grid card.

2. Party B shall provide spare parts, lists of vulnerable and consumable parts and drawings of vulnerable and consumable parts with the equipment, and provide the national standard number of standard parts.

3. Party B shall provide a detailed list of equipment accessories and tools in the business quotation.

Seven. technical service

1. After the equipment arrives, Party B will send personnel to Party A to debug the equipment free of charge in time to meet the use requirements.

2. During the warranty period, damaged parts (except normal wear and tear parts) caused by Party B's product quality problems shall be replaced by Party B free of charge.

3. Party B shall provide lifelong consulting services for the use, maintenance and transformation of the supplied equipment. If the supplied equipment fails in use after the warranty period, Party B shall give feedback and guidance within 2 hours after receiving Party A's written or telephone notice. If the failure cannot be eliminated through remote communication, Party B shall immediately send professional service personnel to the site to negotiate and solve the problem within 48 hours.

4. Party B guarantees to provide all kinds of mechanical and electrical parts of machine tools purchased by users in time.

5. Party B promises to upgrade the software for the equipment with CNC operation part for free for life. If Party A's software system cannot be upgraded due to Party B's hardware changes and other reasons, which affects the normal use of equipment, Party B shall give guidance and debugging.

Eight. others

1. This agreement, as an annex to the commercial contract, has the same legal effect as the contract and comes into effect after being signed by the representatives of both parties.

2. Matters not covered shall be executed according to the bidding documents and the contract.

Party A: (Seal)

Signature:

Time:

Party B: (Seal)

Signature:

Time:

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