Both parties to the contract:
Purchasing unit: (hereinafter referred to as Party A);
supplier: _ _ (hereinafter referred to as party b).
in order to enhance the sense of responsibility of Party A and Party B, strengthen economic accounting, improve economic benefits, and ensure that both parties achieve their respective economic goals, this contract is hereby concluded through full consultation between Party A and Party B for both parties to abide by. Sample purchase and sale contract
Article 1 Name, variety, specification and quality of products
1. Name, variety and specification of products: _ _ _ _ (the brand or trademark of products shall be indicated)
2. Technical standards (including quality requirements) of products shall be implemented according to the following item (p):
(1 (2) if there is no national standard and there is a ministerial standard, it shall be implemented according to the ministerial standard; (3) If there are no national and ministerial standards, they shall be implemented according to enterprise standards; (4) If there are no above standards, or if there are above standards, but the buyer has special requirements, it shall be implemented according to the technical conditions, samples or supplementary technical requirements agreed by both parties in the contract. (The code number, number and name of the standard to be implemented must be written in the contract. For complete sets of products, the quality requirements of accessories should be clearly stipulated in the contract; For some products whose inherent quality defects can only be found after installation and operation, unless otherwise stipulated by the competent department, the conditions and time for raising quality objections should be specified in the contract; For products subject to sampling inspection, the contract shall indicate the sampling standards or sampling methods and proportions adopted; If the samples need to be sealed after the technical conditions are agreed, they shall be sealed by both parties and kept separately for inspection. )
article 2 quantity and unit of measurement and measurement method of products
1. quantity of products: _ _ _ _ _ _ _ _ _
2. unit of measurement and measurement method: _ _ _ _ _ _ _ _
(the state or competent department has measurement. If there is no provision by the state or the competent department, it shall be agreed by both parties. For mechanical and electrical equipment, when necessary, auxiliary machines, accessories, supporting products, consumable spare parts, accessories and installation and repair tools accompanying the main engine shall be clearly stipulated in the contract. For products supplied in complete sets, the scope of complete sets of supply shall be clearly defined, and a complete set of supply list shall be put forward. )
3. Provisions and calculation methods of positive and negative tail difference, reasonable more or less clause and natural reduction (increase) on the delivery quantity of products: _ _ _ _ _ _ _
Article 3 Packaging standards of products and supply and recycling of packaged goods _ _ _
(If the country or the competent business department has technical regulations on product packaging, the technical regulations shall prevail. Where there is no technical provision between the state and the competent business department, it shall be agreed by both parties. The packaging of the products shall be supplied by Party B, except those provided by Party A as stipulated by the state. Packages that can be used many times should be implemented according to the packaging recycling methods formulated by the relevant competent departments; Where there are no provisions by the relevant competent authorities, Party A and Party B shall agree on the method of packaging recycling as an annex to the contract. Unless otherwise stipulated by the state, the product packaging fee shall not be charged to Party A separately. If Party A has special requirements, both parties shall agree in the contract that if the packaging fee exceeds the original standard, Party A shall bear the excess; If the packaging fee is lower than the original standard, the product price will be reduced accordingly. )
Article 4 Delivery unit, delivery method, mode of transportation and place of arrival of products (including special lines and docks)
1. Delivery unit of products: _ _ _ _ _
2. Delivery method, according to the following item ():
(1) Delivery by Party B (national competent department) If there is no delivery method, it shall be implemented according to the agreement between Party A and Party B);
(2) Party B's transportation (Party B should fully consider Party A's requirements and agree on reasonable transportation routes and means);
(3) Party A carries it by itself.
3. Mode of transportation:
4. Arrival place and receiving unit (or consignee) _ _ _ _ _.
(if party a wants to change the arrival place or consignee, it shall notify party b 4 days before the delivery deadline (month or quarter) stipulated in the contract, so that party b can make a monthly car (boat) purchase plan; If it must be escorted by Party A, it shall be clearly stipulated in the contract; For the transportation, loading and unloading of products, Party A and Party B shall go through the exchange procedures with the transportation department in accordance with relevant regulations, make records, and sign by both parties to clarify the responsibilities of Party A, Party B and the transportation department.
article 5 delivery (delivery) period of products _ _ _ _ _
(the delivery date of products delivered or consigned shall be based on the stamp date issued by the transportation department when Party A ships the products, unless otherwise agreed by the parties; The contract stipulates that the delivery date of products delivered by Party A shall be based on the delivery date notified by Party B according to the contract. Party B shall give Party A the necessary time on the way in the delivery notice, and the actual delivery or delivery date is earlier or later than the date stipulated in the contract, which shall be regarded as early or late delivery or delivery. )
Article 6 Settlement of Product Price and Payment for Goods
1. The price of the product shall be subject to the following item ():
(1) state price;
(2) The products that should be made in state price and have not yet been priced shall be executed according to the approved price of the competent price department;
(3) If the product does not belong to state price, or the price needs to be raised or lowered due to special technical requirements for the product, it shall be subject to the negotiated pricing of both parties.
(if state price is implemented, the price at the time of delivery shall be implemented when the price is adjusted by the state within the delivery or delivery period stipulated in the contract. Overdue delivery, in case of price increase, according to the original price; When the price drops, the new price shall prevail. Overdue delivery or payment, when the price rises, according to the new price; When the price drops, it shall be executed at the original price. The price difference due to overdue payment shall be settled separately by both parties and shall not be offset in the original collection settlement amount. If floating price and negotiated price are implemented, the price stipulated in the contract shall prevail. )
2. settlement of product payment: the settlement of product payment, actually paid freight and other expenses shall be handled in accordance with the provisions of the settlement measures of the People's Bank of China.
(if the settlement is made by collection and acceptance, the contract shall indicate the payment by inspection or payment by inspection. The acceptance period of inspection payment is generally ten days, counting from the day after the transportation department sends the delivery notice to the receipt. Where the parties agree in the contract to shorten or extend the inspection period, it shall be clearly stated in the collection certificate, and the bank shall follow its provisions. )
Sample purchase and sale contract
Article 7 Acceptance method _ _ _ _ _ _
(The contract shall specify: 1. Acceptance time; 2. Means of acceptance; 3. Acceptance criteria; 4. Who is responsible for the acceptance and test; 5. After a dispute occurs during the acceptance, which level of competent product quality supervision and inspection institution shall conduct arbitration, etc. )
Article 8 Time and Methods of Objecting to Products
1. If Party A finds that the variety, model, specification, design and quality of the products are not in conformity with the regulations during the acceptance, it shall, while keeping them properly, file a written objection to Party B within _ _ days; During the collection and acceptance period, Party A has the right to refuse to pay for the part that does not meet the same requirements.
2. if party a fails to raise a written objection within the prescribed time limit, it shall be deemed that the delivered products meet the requirements of the contract.
3. party a shall not raise any objection if the quality of the product is degraded due to poor use, storage and maintenance.
4. after receiving the written objection from the buyer, party b shall be responsible for handling it within ten days (unless otherwise stipulated or the time limit is otherwise agreed by the parties), otherwise, it shall be regarded as the default of the objection and handling opinions put forward by party a.
(In the written objection put forward by Party A, the contract number, waybill number, car or ship number, delivery and arrival date shall be stated; Explain the product name, model number, specification, color, logo, brand number, batch number, certificate or quality assurance book number, quantity, packaging, inspection method, inspection situation and inspection certificate that do not meet the requirements; Put forward opinions on the handling of products that do not meet the requirements, and the matters that must be explained as agreed by both parties. )
Article 9 Liability of Party B for breach of contract
1. If Party B fails to deliver the goods, it shall pay Party A _ _% of the undeliverable part of the goods (1-5% for general products and 1-3% for special products) as liquidated damages.
2. if the variety, model, specification, design and quality of the products delivered by party b are not in conformity with the contract, if party a agrees to use them, the price shall be determined according to the quality; If Party A cannot use it, Party B shall be responsible for replacement or repair according to the specific conditions of the product, and bear the actual expenses paid for repair, replacement or return. If Party B cannot repair or replace it, it shall be deemed as undeliverable.
3. if party b has to repair or repackage the products because the packaging is not in conformity with the contract, party b shall be responsible for repairing or repackaging and bear the expenses paid. Where Party A demands compensation for losses without requiring repair or repackaging, Party B shall pay Party A the part of the unqualified package that is lower than the value of the qualified package. If the goods are damaged or lost due to non-conforming packaging, Party B shall be liable for compensation.
4. if party b fails to deliver the goods in time, it shall, according to the provisions of the people's bank of China on deferred payment, pay the liquidated damages for the delayed delivery to party a and bear the losses incurred by party a as a result.
5. For the products delivered by Party B in advance, the products delivered in excess and the products whose varieties, models, specifications, colors and quality do not meet the requirements, the expenses of storage and maintenance actually paid by Party A during the storage period and the losses not caused by Party A's improper storage shall be borne by Party B..
6. if the product is delivered to the wrong destination or consignee, party b shall not only be responsible for delivering it to the destination or consignee stipulated in the contract, but also bear all the actual expenses paid by party a and the liquidated damages for overdue delivery. If Party B unilaterally changes the transportation route and means of transportation without the consent of Party A, it shall bear the increased expenses.
7. if party b delivers the goods before delivery, party a can still pay according to the delivery time stipulated in the contract after receiving the goods; If the contract provides for self-delivery, Party A may refuse to deliver the goods. If Party B fails to deliver the goods within the time limit, Party B shall negotiate with Party A before delivery. If Party A still needs it, Party B shall make up for it according to the number and bear the responsibility for overdue delivery. If Party A no longer needs it, it shall notify Party B within 15 days after receiving Party B's notice, and go through the formalities of canceling the contract. If Party A fails to reply within the time limit, it shall be deemed as agreeing to deliver the goods.
article 1 party a's liability for breach of contract
1. if party a returns goods midway, it shall pay party b _ _% (1-5% for general products and 15-3% for special products) as liquidated damages.
2. if party a fails to provide the technical materials or packaging materials that should be delivered according to the time and requirements stipulated in the contract, it shall, in addition to postponing the delivery date, pay the liquidated damages to party b according to the provisions of the people's bank of China on postponing payment. If it can't be provided, it will be returned halfway.
3. If Party A fails to take delivery of the self-delivered products according to the date notified by the supplier or the date stipulated in the contract, it shall, according to the provisions of the People's Bank of China on deferred payment, calculate the total loan value of the overdue delivery part, pay Party B the liquidated damages for the overdue delivery, and bear the expenses actually paid by Party B for the custody and maintenance.
4. in case of overdue payment, party a shall pay the liquidated damages for overdue payment to party b according to the regulations of the people's bank of China on deferred payment.
5. if party a refuses to receive the goods in violation of the contract, it shall bear the losses caused thereby and the fines imposed by the transportation department.
6. if party a fills in the wrong destination or consignee, or raises a wrong objection to party b, it shall bear the losses suffered by party b as a result.
article 11 force majeure
if either party fails to perform the contract due to force majeure, it shall promptly inform the other party of the reasons for its failure or incomplete performance, and after obtaining the certificate from the relevant competent authorities, it is allowed to postpone, partially perform or fail to perform the contract, and may be exempted from the liability for breach of contract in part or in whole according to the circumstances.
article 12 other _ _ _ _ _ _
liquidated damages, compensation, storage and maintenance fees and various economic losses that should be paid according to the provisions of this contract shall be paid in accordance with the settlement method stipulated by the bank within ten days after the responsibilities are clearly defined, otherwise it shall be treated as overdue payment. However, neither party shall deduct the goods or the payment for goods by itself to offset it. In case of any dispute arising from this contract, both parties shall settle it through negotiation in time. If negotiation fails, either party may ask the competent business authority for mediation or apply to the Economic Contract Arbitration Committee established by the administrative department for industry and commerce for arbitration, or directly bring a suit in a people's court. This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If there are any matters not covered in the contract, both parties shall make supplementary provisions through negotiation, and the supplementary provisions shall have the same effect as this contract.
the original of this contract is in duplicate, one for each party; Copies of the contract in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer (Party A): _ _ (official seal) Supplier (Party B): _ _ (official seal)
Representative: _ _ (official seal) Representative: _ _ (official seal)
Address: _ _
Bank of deposit: _ _