The difference between purchase order and purchase contract-the definition of order and contract
Purchase order is a feasible purchase order plan made by an enterprise according to the material plan, actual production capacity and related factors of the product, and issued to the order department for execution. In the process of implementation, we should pay attention to tracking orders, so that enterprises can buy the required goods from the procurement environment and deliver qualified raw materials and accessories to the production department and demand department.
A purchase contract is an economic contract with rights and obligations. A legal and valid contract is legally binding, binding on both parties and enforceable. Anyone who violates the contract must bear legal responsibility. The obligations imposed on both parties by the contract are the result of equality and free will of both parties. Can really restrain and control the behavior of both sides and protect the interests of both sides.
2. Terms and conditions of orders and contracts
The terms of the order are formulated according to the terms of the contract, which stipulates the contents of the terms of the order. Order is the embodiment carrier of contract effectiveness and execution. An order is more about buying a specific batch of products at a certain time. A contract specifies the rights and obligations of both parties, such as product quality, payment term, after-sales service, liability for breach of contract, etc.
Restrictions on orders and contracts
Generally speaking, the term of a contract is within the period agreed in the contract, such as one year, two years, five years, etc. , and the order is shorter than the contract period, and the order will be terminated after the whole cycle is completed, such as 15 days, 30 days, etc.
The legal difference between a purchase order and a purchase contract is that a purchase order generally only requires simple requirements such as the quantity and delivery date of the purchased goods, while a contract includes complete documents such as the names, addresses, names, quantity, quality, delivery time, settlement methods, responsibilities and obligations of both parties, dispute settlement, conditions for the contract to take effect and terminate. The order is only an intention, and the contract must be executed. If you don't implement it, you will bear legal responsibility. Orders can be cancelled at any time.
Order is the whole purchasing process of the order voucher (including finished products, raw materials, fuel, spare parts, office supplies, services, etc.) issued by the purchasing department of an enterprise to suppliers. ).
A contract is an agreement between the parties or both parties to establish, change or terminate a civil relationship. Contracts established according to law are protected by law. A contract in a broad sense refers to an agreement in all legal departments to determine the relationship between rights and obligations. Narrow contract refers to all civil contracts. The narrowest contract only refers to the creditor's rights contract in civil contract. Article 85 of General Principles of Civil Law of People's Republic of China (PRC): A contract is an agreement between the parties to establish, change and terminate a civil relationship. Contracts established according to law are protected by law. Article 2 of People's Republic of China (PRC) Contract Law: A contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate civil rights and obligations. Other laws shall apply to the agreements on identity relations such as marriage, adoption and guardianship.
Order Purchase Contract Template ContractNo.:
Party A: Party B:
Address: address
Tel: Tel:
Fax: Fax:
According to the Economic Contract Law, both parties reached the following agreement through friendly negotiation:
Article 2 ordering
(1) The actual order is determined in the form of purchase order, and the minimum order quantity of each commodity is ╳ ╳.
(2) The variety, specification, quantity and delivery date of the ordered goods shall be subject to the purchase order.
(3) Party B shall confirm the delivery date within working days after receiving the order, and then sign for it.
Article 3 delivery
(1) delivery date: within days from the date of placing the order (if Party B delivers the goods, the arrival date shall be subject to the actual receipt date of Party A; Party A proposes by itself, subject to the date of service notice). The delivery date on the purchase order shall prevail.
(2) Mode of delivery:
1. Party B shall transport the goods to the factory warehouse of Party A (the freight shall be borne by Party B). 2. When Party B delivers the goods, Party A will pick them up at home. 3. When Party B delivers the goods, Party A will come to pick them up.
(3) Delivery place: 1, omitted 2, omitted.
(IV) Sign-in: After receiving the goods from Party B, Party A shall make an inventory according to the delivery note, and Party A's agent shall sign for confirmation.
Article 4 Packaging Specifications
(a) standard carton packaging, cartons can not be broken. Cartons are not recycled. (2) The product code, name and quantity shall be marked on the carton.
(III) Product packaging: Party B is responsible for providing corresponding packaging according to Party A's requirements. Cartons are not recycled. Article 5 Quality and Inspection Standards
(1) Party B shall ensure that the products it produces meet the national standards. The quality standards or _ _ _ _ _ _ _ _ acceptance agreed by both parties shall be subject to the samples confirmed by Party A. Anything that does not meet the approved standards is unqualified, and Party A has the right to reject or return it.
(II) Objection: If Party A has any objection to the product quality during the product acceptance or use, it shall immediately seal up the relevant products and submit them to Party B in writing. After receiving the objection raised by Party A, Party B shall jointly inspect the products with Party A within days, and put forward opinions on rework, replacement and return of products with quality defects.
(3) Overloading and under-loading: if the ordered quantity is less than one set (piece) and the error between the delivered quantity and the ordered quantity is within%, it shall be settled according to the actual delivered quantity; If it exceeds this standard, Party A has the right to decide whether to receive the goods and settle the accounts according to the actual delivered quantity.
(IV) Handling terms of unqualified products: If the unqualified rate of sampling inspection is higher than or equal to%, Party B shall take it back and handle it until it is qualified within three days. Article 6 Payment method (Note: the actual contract can only be one of the following): Party B shall provide the company account number consistent with the signing of the contract. A 60 days after the goods are accepted. B, 30 days after the goods are accepted. C. payment shall be made within 5 days after the goods are accepted. D. Other forms of payment (interview)
Article 7 Guarantee
(1) Party A shall provide accurate product information according to Party B's requirements, and guarantee that Party B will not infringe the rights and interests of a third party due to the production of products. In case of violation, Party A shall bear the responsibility.
(2) Party B guarantees that the products it produces meet the national standards or the quality standards agreed by both parties and Party A's requirements. And ensure that Party A will not infringe the rights and interests of third parties by using the provided products. In case of violation, Party B shall bear the responsibility.
Article 8 Notice
After the signing of this contract, unless otherwise agreed, both parties shall notify the other party in writing in advance of any agreed changes, requirements or suspension statements and any events that may cause losses to the other party within a reasonable time, and bear the losses of the notified party. If necessary, both parties shall give written approval to the change.
Article 9 Liability for breach of contract
What does this contract refer to? Loss? , including related production costs, expected profits, expenses (including compensation caused by products, expenses incurred to reduce the aforementioned losses, such as legal fees, attorney fees, etc.). ). The above losses are calculated cumulatively.
(1) In case of overdue delivery, Party B shall pay a penalty of% of the overdue product amount to Party A; If the payment is overdue for more than days, Party A has the right to refuse to receive the goods and refuse to pay, and the losses suffered by Party A shall be borne by Party B. ..
(2) If Party A fails to pay the payment, it shall pay Party B a penalty of% of the payment amount. Party B has the right not to deliver the goods according to the order date. The losses caused by Party B shall be borne by Party A. ..
(3) If Party A changes the product quality and quantity requirements after Party B starts production, it shall notify Party B according to the requirements in Article 8 of this contract.
Article 10 Force Majeure
If one party fails to perform this contract correctly due to unforeseeable and irresistible reasons, it is not a breach of contract, but it shall notify the other party in writing within three days after the above reasons occur; If the impact of the above reasons lasts for more than days, the other party has the right to suspend the performance of the contract, and the losses caused thereby shall be borne separately.
Article 11 Settlement of disputes
Any dispute arising from the performance of this contract can be solved by both parties on the principle of equal consultation and good faith. If no agreement can be reached, both parties agree to submit the dispute to the Municipal Arbitration Commission for arbitration (people's court proceedings). During the arbitration (litigation), the performance of other clauses will not be affected, except for the clauses that cannot be performed due to arbitration (litigation).
Article 12 Modification and Supplement of the Contract This contract shall come into effect after being signed by the legal representatives (or authorized persons) of both parties and stamped with the contract seal (or official seal of the company). The quality standard agreement, purchase order, supplementary agreement, memorandum, meeting minutes and other supplementary and amendment agreements related to this contract reached by both parties during the performance of the contract shall be regarded as an integral part of this contract.
Article 13 Interpretation
Unless otherwise agreed by both parties, this contract shall be interpreted in accordance with the relevant laws of People's Republic of China (PRC).
Article 14 This contract is made in duplicate, with each party holding one copy.
Article 15 The contract shall come into effect as of the date of signature and seal. As an annex to the contract, the purchase order has the same legal effect as this contract.
Article 16 If the price of raw materials related to the product fluctuates greatly in the international scope, Party B must submit it to Party A in writing, working days in advance, and the change of unit price will not take effect until it is confirmed by both parties.
Article 17 The term of validity of this agreement is: year month day to year month day.
Party A: Party B:
Signature: signature:
Seal: seal:
Date: Year Month Day
Date: Year Month Day
Attachment: Purchase Order
ContractNo.: OrderNo.:
Order Date: Year Month Day
Agent of Party A: Approver of Party A:
Agent of Party B: Approver of Party B:
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