Prepayment Contract 1 Buyer: (hereinafter referred to as Party A)
Contract number:
Seller: (hereinafter referred to as Party B)
Contract signing place:
Part I General Conditions of Contract
According to the Contract Law of People's Republic of China (PRC), Party A and Party B, through friendly negotiation, reached an agreement on ordering stone materials from Party B for Party A's decoration project on the principle of sincere cooperation, equality and voluntariness, and signed this contract, which shall be strictly performed by both parties:
I. Subject matter of the contract
1. 1 Name of goods: stone.
1.2 The tentative total price of this contract is RMB. Please refer to the second part of the contract: contract price for the description of the variety, specification, unit price, quantity, contract amount and pricing of the goods.
Second, the product implementation quality standards
2. 1 The technical and quality requirements of stone materials shall comply with the provisions of current national and industrial standards;
2.2 The quality, color and processing quality of stone must meet the requirements of the construction drawings provided by the buyer and the samples confirmed by the owner, and meet the above technical standards. Color should be uniform, no obvious color difference; Stone size according to the requirements of superior products.
Three. Delivery date and batch specification
3. 1 Contract delivery time agreement: After the following conditions are met, the delivery shall be started in the order required by Party A:
3. 1. 1, from the date when both parties sign and seal this contract;
3. 1.2 Party B's company finance receives the contract advance payment from Party A;
3. 1.3 Calculated from the date when Party A provides the order or processing drawings with constant size confirmed by Party B's factory.
3.2 Delivery time agreement: Party B shall deliver the goods according to Party A's written notice.
Four. Place of delivery, transportation cost and delivery receipt
4. 1 Party B is responsible for transporting the goods to the delivery place designated by Party A. ..
4.2 Freight, insurance and other related expenses shall be borne by Party B..
4.3 Party B shall organize delivery at the place designated by Party A, and the personnel designated by Party A shall sign the goods receipt and affix the seal of Party A's project department (if the packing list has multiple pages, each page shall be affixed with the official seal). The name and contact information of the specific consignee are as follows:
Place of delivery: Baoying Project Department.
Party A designates the consignee; Contact information:
Verb (abbreviation for verb) payment and settlement
5. 1 advance payment:
5. 1. 1 Party A shall pay RMB as advance payment to Party B, and Party A shall pay it to Party B within 5 working days after signing the contract;
5. 1.2 The advance payment shall be deducted from the first payment settlement. If Party A fails to deduct the advance payment in the first payment, it can continue to deduct it in the next payment, and so on.
5.2 Payment of progress payment: settlement payment in batches. That is, Party A shall pay 80% of the payment for the current batch (including advance payment) within 15 working days after receiving the goods and passing the acceptance;
5.3 During the settlement period of the progress payment, Party B shall guarantee to continue to supply the goods to Party A, and Party B shall not suspend the supply for any reason, otherwise Party A has the right to require Party B to bear the construction delay and economic losses caused thereby;
5.4 Settlement: The settlement amount of payment for goods is the actual number of products accepted by Party A multiplied by the corresponding contract unit price, and Party A will pay the balance within one month after settlement.
Six, the arrival acceptance criteria
6. 1 Information: Party B shall provide the delivery note, stone packing list, ex-factory certificate, ex-factory inspection report, quality guarantee and other relevant information with the goods. The above information is in duplicate, stamped with the special seal for quality inspection of Party B, and Party B is responsible for the authenticity of the information;
6.2 After each batch of goods from Party B arrives at Party A's site, Party A and Party B shall jointly check the specifications, quantity and appearance of the products, and the receiving personnel designated by Party A shall sign for them according to Article 4 of this contract;
6.3 If Party A unilaterally unpacks the box and finds any damage or discrepancy in quantity, it shall keep the photos of the damage in the box and immediately notify Party B to send personnel to solve the problem through on-site negotiation. If Party A fails to keep the damaged photos and articles in the box or fails to notify Party B, it shall be deemed as having passed the unpacking acceptance; If Party B fails to go to the site or give a written reply within two working days after receiving the notice, it shall be regarded as Party B's breach of contract;
6.4 If the owner finds that the stone has obvious color difference or unacceptable quality defects after installation, which cannot meet the requirements of national standards stipulated in the contract, Party B shall compensate Party A for the same amount of qualified stone and the actual losses confirmed by both parties.
6.5 After verification, Party B shall replace the unqualified products with the same number of qualified products within seven days. If losses are caused to Party A, Party B shall compensate the actual losses confirmed by both parties.
6.6 Stone is a natural product, and the acceptance of stone color and pattern difference shall be subject to the opinions of the project owner, that is, the installation acceptance is the final conclusion.
VII. Quality Assurance Period and Quality Responsibility
Quality responsibility during the warranty period: During the warranty period, if there are all quality problems due to the products themselves, Party B shall provide qualified products free of charge in time, and bear the relevant measures and labor costs incurred by Party A in replacing the stone.
Eight. Packaging and marking:
8. 1 In order to ensure the safety of products during transportation, loading and unloading, the packaging of products should meet the national or industrial standards. It is required to be packed in strong wooden cases, and each box of products has a box card indicating the specification, size and quantity of stone in the box. The packing box shall be marked with "handle with care", "do not turn upside down" and "moisture-proof", and the packaging expenses shall be borne by Party B. ..
8.2 Party B shall bear all the responsibilities for product loss or damage caused by poor packaging or transportation.
8.3 When packing, the glossy surface of stone materials is relative. Each stone material must be marked with the corresponding number and specification, and processed according to Party A's drawings.
Nine. Responsibility of both parties
9. 1 Responsibilities undertaken by Party A:
9. 1. 1 Pay the project materials on time as agreed in the contract;
9. 1.2 is responsible for providing Party B with construction drawings and material mobilization plan.
9.2 Responsibilities undertaken by Party B:
9.2. 1 The origin, specifications, varieties and models of materials specified in the contract shall be supplied to Party A's construction site on time and with good quality;
9.2.2 Unload the goods at the place designated by Party A, and check with other responsible parties;
9.2.3 Carry out processing according to Party A's requirements, and unconditionally replace the stones that do not meet the acceptance criteria;
9.2.4 Each stone supplied shall be numbered, and each batch of goods shall have the factory certificate, test report, certificate of origin and relevant materials or copies required by the specifications (with the official seal of Party B);
9.2.5 Party B is responsible for drawing the stone processing drawing according to Party A's construction drawing and numbering the stone. Party B shall provide Party A with the stone code in time, and Party B shall ensure that the stone provided is consistent in color and texture.
X. liability for breach of contract
10. 1 Party B's late delivery: If Party B fails to deliver the goods in time according to the requirements of this contract, thus delaying the construction period, it shall pay Party A a penalty of 0.5% of the payment for each day of late delivery;
10.2 if party b's delivery is overdue for more than 7 days, party a has the right to unilaterally terminate the contract and hold party b liable for economic compensation;
10.3 Party B shall ensure that the stone materials are supplied according to the supply plan provided by Party A, and the coincidence rate and accuracy of each batch of delivery shall reach more than 100%. If this cannot be done, it should be handled as follows:
10.3. 1 If the varieties and specifications delivered by Party B do not meet the requirements of Party A's plan, Party A has the right to reject the goods;
10.3.2 If the varieties and specifications delivered by Party B exceed the scope of Party A's current plan, Party A will not recognize the excess and will not settle the payment;
10.3.3 If Party B fails to meet Party A's supply plan and fails to deliver the goods in place within 5 days, Party B shall bear the losses caused by the delay in the construction period, and Party B's payment for this batch of goods shall be postponed accordingly.
10.4 If Party A fails to make payment in time as stipulated in the contract and delays payment for more than one week, it shall pay Party B a penalty of one thousandth of the purchase price every day.
10.5 Party B shall not subcontract the contract order to a third party. Once found, Party A has the right to terminate the contract and claim 30% of the liquidated damages of the subcontracted goods and all other losses.
10.6 The liability for product quality breach shall be implemented in accordance with Article 6 of this contract.
10.7 Late delivery or late payment can be exempted by both parties through consultation.
XI。 Settlement of contract disputes
In case of any dispute during the execution of this contract, Party A and Party B shall settle it through negotiation in time. If negotiation fails, either party may bring a lawsuit to the local court where the contract is signed.
Twelve. any other business
12. 1 The processing drawings and plans issued by Party A and the certification materials related to product quality issued by Party B are an integral part of this contract.
12.2 this contract is made in quadruplicate, with party a and party b holding two copies respectively, and shall come into force after being signed and sealed by both parties.
12.3 For matters not covered in this contract, Party A and Party B shall sign a supplementary agreement through negotiation, which shall have the same legal effect as this contract.
12.4 both parties guarantee that their business activities related to this contract must comply with relevant national laws and regulations, otherwise all consequences arising therefrom shall be borne by the breaching party.
12.5 this contract shall remain valid until both parties have fulfilled the terms of the contract.
Part II Contract Price
1. The name, configuration, model, quantity, unit price and contract amount of the stone materials mainly used in this project are determined as follows:
Two. Pricing instructions:
1. The comprehensive unit price of the contract is: the fixed package price including stone fee, plate processing fee of various specifications, grinding, chamfering, edging, back punching, slotting, protective liquid coating on six sides, transportation, etc. Under no circumstances will it be adjusted within the validity period of the contract;
2. Area calculation: calculated according to the net area of qualified finished products;
3. The above price includes the price of transportation to the place designated by Party A, and the transportation expenses and insurance on the way shall be borne by Party B. ..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Article 2 of Party A's prepayment contract:
Party B:
Through friendly negotiation, Party A and Party B reach the following agreement on Party B's purchase of oil products from Party A in advance:
I. Supply and quality
1. With the consent of both parties, Party A shall provide gasoline, diesel and other oil products for Party B's subordinate vehicles registered in Party A, and settle accounts with Party B by offsetting the advance payment. If Party B's refueling vehicle changes, it must notify Party A in writing in advance, and the fuel card (or fuel book) can only be opened after Party A verifies it.
2. The quality and quantity standards of oil products provided by Party A shall meet the requirements of national standards.
3. If there is a shortage of oil products in the market, Party A shall give priority to ensuring Party B's oil supply.
Second, the way and price of oil supply
1. Party A only provides accounting and refueling services for vehicles agreed in this contract.
2. Unless otherwise agreed in the contract, Party A only provides on-site refueling at gas stations in principle.
3. The price at the time of settlement shall be subject to the listing price when Party A refuels.
Three. Transaction procedure
1. After receiving the advance payment, Party A will open a fuel card (or fuel book) for each vehicle according to the license plate number provided by Party B, give it to Party B for safekeeping, and issue a receipt for Party B; Every time Party B refuels, he must bring a refueling card (or refueling book) before he can refuel at Party A's gas station; After refueling, both parties shall sign the refueling card (or oil book) and refueling schedule of the temporary customer for confirmation.
2. The license plate number on the fuel card (or fuel book) carried by Party B's personnel must correspond to the vehicle, otherwise Party A will not refuel, except for the motorized fuel card (or fuel book).
3. If Party B's fuel card (or fuel card) is lost, Party B shall notify Party A in writing and go through the formalities of reporting the loss in writing. The loss report shall take effect immediately after Party B's written notice is delivered to Party A. ..
Four. mode of payment
1. Within two days after the signing of this contract, Party A shall charge Party B RMB (￥) as advance payment, and Party A has the right to request Party B to adjust the amount of advance payment according to the increase or decrease of Party B's vehicle and the amount of fuel.
2. When Party A predicts that the balance of Party B's prepayment is insufficient to continue refueling, it will immediately notify Party B to make up the prepayment amount agreed by both parties by transfer. If Party B fails to make up in time, Party A may stop providing refueling service for Party B when the balance of advance payment is exhausted.
Verb (abbreviation of verb) invoice issuance and month-end reconciliation
1. If Party B needs an invoice, it shall be issued according to Party A's monthly financial closing cycle, that is, within two working days after the closing date of each month, Party A shall summarize and issue it according to Party B's actual fuel consumption this month, and the invoice of that month shall be issued in the same month, and it will not be reissued after the deadline;
2. Party A shall print out the prepayment customer statement within one working day after the month-end date, and take the registered account of the oil card as an annex to the statement, and make a written reconciliation with Party B before the 4th of the following month; Party B has the obligation to cooperate with Party A for mediation;
Early termination or expiration of intransitive verb contract
1. If either party wants to terminate this contract in advance, it must notify the other party in writing 10 days in advance, and this contract will be officially terminated from the date when the notice is delivered to the other party. Upon termination or expiration of the contract, both parties shall settle the account according to the actual fuel consumption of Party B. If there is any balance in the advance payment, Party A shall return it to Party B without interest within 15 days. However, if the other party breaches the contract first, the observant party may terminate the contract immediately without prior written notice.
2. This contract shall come into effect from the date of signing and shall be valid for two years. Upon expiration of the validity period, this contract will be terminated naturally. If both parties need to cooperate again, they should sign a new contract.
Seven. Any modification or alteration of this contract shall be subject to a supplementary agreement reached by both parties in writing, and the supplementary agreement has the same effect as this contract.
Eight. This contract will take effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
IX. This contract is made in duplicate, with each party holding one copy.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Article 3 of Party A's prepayment contract:
Party B:
Party A and Party B sign the following contract on clothing production business for mutual compliance.
Article 1: Product name, price and quantity.
Article 2, place and time of delivery.
1, location:
2. Time: Party B receives the advance payment within 20 days after the signing of this contract.
3. Prepayment: 200,000 yuan in advance, and the balance will be paid in one lump sum after measurement.
Article 3, processing form.
1. Party B shall provide clothing styles and fabric samples according to Party A's requirements, and carry out mass production after confirmation by both parties.
2. Party B contracts materials and provides all auxiliary materials.
3. After the goods arrive at the place designated by Party A, Party A and Party B shall check and accept according to the order, and go through the handover and signature procedures.
Article 4: Party A's responsibilities.
1. After Party A has selected the clothing style and fabric, it shall not change it without authorization during the effectiveness and execution of this contract.
2. Party A shall set the measuring time and ensure that the personnel are complete.
3. Pay on time according to the payment date of this contract.
Article 5. Party B's responsibilities.
1. Party B shall guarantee the product quality. If there are any production problems, Party B shall be responsible for correcting them.
2. Deliver the goods on time according to the delivery date of this contract. If the goods are not delivered on time, Party A will deduct two thousandths of Party B's daily payment as liquidated damages.
Article 6. The validity of this contract shall be from the date of signing to the date of full payment settlement.
Article 7. This contract shall come into effect after being signed and sealed by both parties. During the validity period of the contract, if one party wants to terminate the contract, it shall compensate the other party for 30% of the payment as liquidated damages. This contract is made in duplicate, one for each party.
Signature of Party A:
Business Representative of Party B:
Seal of Party B's unit:
Account number:
Bank of deposit:
Line number:
Date of signing:
Article 4 of the prepayment contract: Party A (payer):
Legal Representative: _ _ _ _ _ Title: _ _ _ _
Address: _ _ _ _ _ _
Postal code: _ _ _ _
Tel: _ _ _ _ _ _
Party B (payee): _ _ _ _;
Legal Representative: _ _ _ _ _ Title: _ _ _ _
Address: _ _ _ _ _ _
Postal code: _ _ _ _
Tel: _ _ _ _ _ _
Party B is the supplier of Party A.. In order to reduce the operating cost and strengthen the cooperative partnership between the two parties, Party A agrees to pay RMB _ _ _ _ _ _ _ _ _ in advance through negotiation, and both parties hereby enter into this contract for mutual compliance.
Article 1 Use of Advance Payment
Payment for goods
Article 2 The amount of advance payment is RMB (in words) _ _ _ _ _ _ _ _ Yuan only.
Article 3 Repayment method
Party B shall deduct the advance payment by providing Party A with mutually agreed products or equivalent currency.
Article 4 Guarantee Clause
Pay for the illegal act.
Business management, financial activities, material inventory, etc. Party B shall provide Party A with relevant plans, statistics, financial and accounting statements and materials according to Party A's requirements.
The contents of the plan include but are not limited to the following columns: estimated service period (in months), estimated service amount, type of purchased materials and material amount. After the prepayment plan is approved by Party A, Party A will transfer the prepayment to Party B's account.
Article 5 agreed terms
1. If the contract cannot be performed due to poor management, Party B shall give priority to repayment in addition to paying personnel salaries and necessary maintenance expenses according to national regulations. When the contract cannot be performed due to the decision of the superior competent department to close, stop, transfer or cancel the project construction, or due to force majeure accidents, Party B can only modify or terminate the contract after applying to Party A and obtaining Party A's written consent, and be exempted from the liability for breach of contract.
2. The right belongs to Party A without objection.
3. Explain the use of advance payment in writing within five natural days at the beginning of the month, and Party B has the obligation to cooperate with Party A for irregular on-site inspection.
4. Provide Party A with the operation documents sealed by the bank within days.
Article 6 Liability for breach of contract
1. If the advance payment is not actually used on a monthly basis, Party A has the right to recover part or all of the advance payment, and pay a daily penalty of 3‰ from the date of default.
2 to recover the principal and interest of the advance payment, the relevant units should be held directly responsible for the administrative and economic responsibilities. If the circumstances are serious, criminal responsibility shall be investigated by judicial organs.
And has the right to require Party B to bear all losses suffered by Party A as a result, including but not limited to attorney fees and lost time expenses arising from Party A's claim to Party B. ..
Article 7 Modification or rescission of a contract.
1. This contract does not occur due to the circumstances that allow the contract to be changed or dissolved as stipulated in the Contract Law of People's Republic of China (PRC), and neither party may change or dissolve this contract without authorization.
2. The other parties shall be notified in writing in time and a written agreement shall be reached. After the modification or dissolution of this contract, the advance payment and interest payable not deducted by Party B shall still be paid according to the provisions of this contract.
Article 8 Supplementary Provisions
1. Supplementary clauses have the same effect as this contract.
2. If negotiation fails, bring a lawsuit to the people's court where Party A is located.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Article 5 of Party A's prepayment contract:
Party B:
In order to speed up the construction progress, Party A agrees to pay Party B the advance payment for the project. In order to standardize the use of Party B's funds and protect the rights and interests of all parties, the following agreement is reached through consultation:
1. After receiving the advance payment from Party A, Party B shall pay the deposit for the use of the advance payment as required by Party A, totaling 20 million yuan.
2. Party A shall complete the payment within one month after receiving Party B's application for project advance payment. If Party A pays in installments, Party B shall pay the advance payment deposit in proportion within 7 days after receiving the payment from Party A, and Party A shall issue a receipt to Party B after receiving the deposit.
3. After the project has been going on for 12 months and the total amount of the project reaches 80%, Party A can return the deposit 10000000 yuan twice without interest within two months according to Party B's application and actual project payment.
4. Party A will return the remaining deposit of RMB 6,543,800,000.00 Yuan to Party B at one time without interest within 654.38+00 days after the completion of project acceptance and settlement.
5. If Party B fails to pay the deposit on schedule, Party A will charge interest at the rate of 0.5 ‰ of the deposit per day, calculated on a daily basis. At the same time, Party A has the right to delay the payment of the project progress payment until Party B pays the deposit, and Party B shall not delay the construction period on the grounds that Party A has not paid the project payment, otherwise Party A will regard Party B as a serious breach of contract, and Party A may treat it as a serious breach of contract by both parties in the general construction contract.
6. The project advance payment deposit agreed in this agreement is for Party A to speed up the project progress.
If it is provided to Party B for this project, Party B shall not use the money for other purposes. If Party A finds that Party B has used the advance payment of this project for purposes other than this project, Party B shall compensate Party A for twice the misappropriated amount. If the progress and quality of the project are affected, Party A has the right to claim compensation from Party B. ..
7. This project adopts bank loans. In order to speed up the project construction, Party A will raise funds to solve it first. After the bank directly pays the advance payment to Party B according to the general construction contract, Party B shall return the advance payment paid by Party A in full within 7 days after receiving the advance payment directly from the bank.
8. If Party B fails to return the advance payment proposed by Party A to Party A in time after receiving the advance payment from the bank according to the general construction contract, Party B shall pay compensation to Party A at the rate of 0.5 ‰ of the total advance payment for each day of delay.
9. Matters not covered shall be negotiated separately. During the performance of this agreement, in case of any dispute, if negotiation fails, both parties agree that the people's court with jurisdiction in the place where this project is located shall make a ruling;
10.XX center construction general contract advance payment is: 4660674 1. 10 yuan (in words: forty-six million six hundred and sixty-six thousand seven hundred and forty-one yuan and ten cents), and the final payment method shall be implemented according to Article 2 of this agreement.
1 1. This agreement is made in duplicate, one for each party, and shall come into effect after being signed or sealed by both parties.
Party A: (official seal)
Legal representative or its client: (signature or seal)
Domicile:
Bank of deposit:
Account number:
Post:
Telephone message:
Party B: (official seal)
Legal representative or its client: (signature or seal)
Address:
Bank of deposit:
Account number:
Post:
Telephone message:
This contract was signed on: year month day.