If the debtor of the contract performs the debt, of course, the deposit should be used as the price or recovered. So do you know what the current contract is like? I would like to share some purchase and sale contracts of decorative materials with you here, hoping to help you.
Decoration Material Purchase and Sale Contract 1 Supplier: Guizhou Tian Bo Industrial Co., Ltd. Ore Sales ContractNo.:
Demander: Signing place: Fuquan
I. Date of signature: July 65, 2009
2. Quality requirements and technical standards: the ore is analyzed by the buyer, and the ore sales contract is executed according to the buyer's requirements, and the goods are considered as qualified.
3. Delivery and delivery place: Tian Bo Freight Yard.
4. Reasonable loss and calculation method: the settlement shall be subject to the weighing in Tian Bo factory.
Verb (abbreviation of verb) acceptance criteria and methods. Before delivery, the buyer shall confirm it first, and then start to implement this ore sales contract after it is confirmed to be qualified. The supplier does not guarantee the quality of the goods.
Settlement method and time limit of intransitive verbs: pay first and then deliver. Take 500,000 yuan as a payment unit, and pay the next batch of payment when the shipment reaches about _ _ tons.
Seven. Special agreement:
1. This price belongs to the approved price. After the signing of the ore sales contract, it is no longer affected by the market price.
2. The supplier shall provide loaders to process and ship the goods for the buyer, excluding drivers, and bear the expenses of 5,000 yuan. Matters not covered shall be settled by both parties through consultation.
Eight. Liability for breach of contract: the breaching party shall bear all the responsibilities.
Nine. Ways to resolve disputes over ore sales contracts: both parties shall settle them through consultation. If negotiation fails, it shall be under the jurisdiction of the people's court where the buyer is located.
X this ore sales contract is made in duplicate, and shall come into effect after being signed and sealed by the representatives of both parties. When the fax is consistent with the original, it has the same legal effect.
Supplier: Guizhou Tian Bo Industrial Co., Ltd. Buyer:
date month year
Decoration materials purchase and sale contract Article 2 Party A (supplier):
Party B (Buyer):
Based on the principles of common development, honesty and trustworthiness and mutual benefit, and in order to clarify the responsibilities and obligations of both parties, Party A and Party B have reached the following agreement through consultation:
I. Responsibilities of both parties
Party A:
1. The quality of all products provided by Party A must meet the quality requirements of relevant state departments, otherwise Party A will be responsible for all the consequences. In case of quality problems, Party B has the right to terminate the agreement, and bear the damages and legal responsibilities caused to Party B and its customers.
2. After Party B orders, Party A must deliver the goods within 1-3 months, and special circumstances shall be agreed by both parties.
3. If Party A raises the price without authorization, Party B has the right to terminate the agreement, and all consequences shall be borne by Party A..
5. Party A is responsible for transporting the goods to the place designated by Party B, and the transportation expenses shall be borne by Party A..
Party B:
1. Party B shall cooperate to display all products of Party A at the bar.
2. Party B must provide accurate and true sales information every month and report to Party A's business in time.
3. Settle the money within the contract period according to the settlement method negotiated by both parties.
4. If the products purchased by Party B don't sell well, any brand of drinks can be replaced with other products at any time or returned at the original price.
Second, the settlement method
cash on delivery
Third, the theme value.
During this period, follow the lowest price of the market industry, and the amount of each order is not less than 654.38+0,000 yuan.
Four. Contract terms
The validity of this agreement is from May, 20 __ _ 1 day to May, 20 __ 1 day. Within one month after the expiration of this agreement, Party A and Party B shall negotiate whether to renew the contract. During the validity period of this contract, if Party A and Party B fail to perform the contract under special circumstances, they shall notify each other in writing one week in advance and bear corresponding legal responsibilities and economic losses.
Verb (abbreviation of verb) liability for breach of contract
Without the consent of both parties, neither party has the right to terminate the agreement halfway. In case of breach of contract, the performing party has the right to claim losses from the breaching party, and the compensation for losses shall not be less than the annual sales of Party B..
Intransitive verb others
Matters not covered in this agreement shall be negotiated separately by both parties. This agreement is made in duplicate, which shall come into effect after being signed and sealed by the representatives of both parties, and each party holds one copy.
Party A (official seal)
Legal person:
On behalf of:
date month year
Party B (official seal)
Legal person:
On behalf of:
date month year
Article 3 of the Purchase and Sale Contract for Decoration Materials Party A:
Party B:
According to the Contract Law of People's Republic of China (PRC), the Buyer and the Seller enter into this Contract through consultation and abide by it jointly.
I. Product details:
leave out
Second, the quality and technical standards:
Packaging according to manufacturer's standards: according to manufacturer's standards.
Third, the product warranty terms:
According to the manufacturer's standards
Four, delivery (delivery) time:
20__.7.6
Verb (abbreviation of verb) delivery place (delivery):
In the process of delivery by the seller, if the buyer proposes to change the consignee, it shall notify the seller in writing of the name and contact information (mailing address, ID number, fixed telephone number, postal code, etc.) of the changed consignee. ), the seller has the right to deliver the goods to the consignee agreed in this contract before receiving the written notice from the buyer. The consignee's behavior of the seller (including but not limited to signature, confirmation or commitment) is regarded as the buyer's behavior, and there is no dispute.
Verb (short for verb) Receiving goods:
Upon receipt of the goods, the buyer shall immediately sign for the goods, and affix its official seal or special seal for receipt on the receipt certificate to confirm receipt of the goods under the contract. If the buyer fails to fulfill the signing obligation of this article, the seller has the right to refuse to deliver the goods under this contract and will not be responsible for the possible delay in delivery; At the same time, the seller has the right to ask the buyer to bear the costs of warehousing, re-transportation, personnel accommodation and so on.
Six, acceptance criteria:
Carry out acceptance according to the packaging and quality technical standards agreed by both parties.
Seven. Payment method and term:
/kloc-paid within 0/5 days.
Eight. Liability for breach of contract:
The breaching party shall be liable for breach of contract according to five thousandths of the overdue delivery or payment amount, but the maximum penalty shall not exceed 65,438+00% of the overdue delivery or payment amount. Since this batch of goods is specially prepared by the seller for the buyer, if the buyer refuses to accept the goods conforming to the contract without reason (including the buyer's midway return), it shall be regarded as the buyer's unilateral breach of contract, and shall pay the seller 10% of the rejected part (or midway return) as liquidated damages, and compensate the seller for the losses caused thereby.
IX. Settlement of contract disputes:
The two sides negotiated settlement; If negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction where the seller is located.
X. retention of ownership:
Both parties agree that the ownership of all goods in this contract shall belong to the seller before the buyer pays the full contract price. If the buyer fails to pay off the money payable to the seller within the payment period agreed in the contract, the seller has the right to take back the goods without returning the money paid by the buyer, which does not exempt the seller from further claims against the buyer.
XI。 Contract signing place:
__
Twelve. Others:
1. This contract shall come into effect after the official seals or contract seals of the Buyer and the Seller are affixed, and neither party may change or terminate the contract at will. If one party needs to change the contract, both parties shall reach a written agreement on the change, and confirm it with the official seal or contract seal, and then confirm that the change takes effect. If both parties fail to reach an agreement on the change, the party proposing the change shall continue to perform in accordance with this contract, otherwise it will be regarded as a breach of contract.
2. If the buyer fails to receive the invoice after payment, it shall ask the seller for the invoice within 10 working days from the date of payment, otherwise it shall be deemed that the buyer has received the invoice.
3. If the seller finds that the buyer or the affiliated company of the buyer has overdue debts to the seller or the affiliated company of the seller after signing the contract, the seller may terminate the performance of this contract.
Party A (signature) and Party B (signature):
Representative (signature): Representative (signature):
Date: Date:
Article 4 of the Purchase and Sale Contract for Decorative Materials Supplier: _ _ _ _ _ _ _ _
Demand side: _ _ _ _ _ _
The supply and demand parties shall abide by the auction law of People's Republic of China (PRC) and the contract law and other relevant laws and regulations. According to the transaction confirmation, both parties signed the following contract on the purchase and sale of rotation grain:
1. The supplier shall provide the buyer with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two, grain packaging (sacks or woven bags) is not separately priced, and each sack is measured at 0.8 kg; Each bag of rice is _ _ _ _ _ _ _ _ kg, and each bag of wheat is _ _ _ _ _ _ _ _ kg. Woven bags are not counted as quantitative bags, and the surplus sacks are collected from the buyer by the supplier in _ _ _ _ _ _.
3. The quality of rotation grain shall be subject to the samples provided by the supplier, the samples inspected by the buyer in the grain storage before the auction and the inspection report issued by the _ _ _ _ _ _ _ _ Grain and Oil Quality Supervision Station. After the auction, the supplier will not be responsible for the quality assurance of the rotating grain, that is, if the buyer finds that the quality is not in conformity with the sample, the supplier will not be responsible.
Four, the use of aged grain is limited to brewing and feed processing, and it is strictly forbidden to enter the ration market.
5. Delivery place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Six, the delivery quantity shall be subject to the weighbridge figures; Weighing expenses shall be borne by the buyer.
7. The buyer must pay the supplier a deposit of 5% of the total transaction price.
VIII. Payment Settlement and Delivery Term:
1. The buyer must pay off all the payment within ten days (including holidays) after the signing of the sales contract and deposit it into the account opened by the supplier in the bank. However, the goods can be picked up in batches (not less than _ _ _ _ _ _ _ _ tons for each order and not more than three times at most), and the corresponding goods listed in the list must be picked up within seven days after each order (the purchase quantity of each batch exceeds _ _ _ _ _ _ _ _ _ tons, which can be extended by three days).
2. The deposit and deposit of the buyer's bid can be deducted from the corresponding payment at the final settlement.
Nine, according to the regulations, the buyer should pay a one-time transaction fee of _ _ _ _ _ _ _ yuan per ton to the service center of the grain and oil wholesale market, which can be directly deducted from the transaction deposit.
X. This contract shall come into effect after being signed by both parties, and both parties shall perform their respective obligations according to the relevant provisions of this contract. If either party fails to fulfill its obligations under this contract, it must pay the observant party a penalty of 5% of the total payment (if the delivery date is exceeded, the demander shall also pay the supplier a storage fee of RMB 100 kg per day) and compensate the observant party for all economic losses.
XI. In case of dispute, both parties fail to reach agreement through negotiation, and either party may apply to the _ _ _ _ _ _ Arbitration Commission for arbitration.
Twelve, payment settlement should be signed by the buyer (or entrusted agent) to go through the formalities.
The contract cannot be transferred, and once the transfer is found, it will be regarded as a breach of contract.
Thirteen. Other matters that need to be agreed: _ _ _ _ _ _ _.
14. This contract is made in duplicate, each party holds one copy, which has the same legal effect.
Supplier (seal): _ _ _ _ Demander (seal): _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5 of the Purchase and Sale Contract for Decorative Materials Party A:
Party B: Distribution Company
In order to protect the legitimate rights and interests of Party A and Party B, this contract is hereby concluded in accordance with relevant national laws and regulations and on the principle of mutual benefit and common development through full consultation between both parties.
I. Party A authorizes Party B
For the exclusive distribution right of the product _ _ _ _ _ _ _ (region), Party A shall not engage in the sales business of the product in the above channels.
Product packaging:
Second, the sales target
1, and the market launch period is three months (that is, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. After that, the monthly purchase quantity shall not be less than _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. When Party B completes the annual purchase quantity index, Party A will give Party B _ _ _ _% of the total purchase quantity as a sales reward and return it to Party B in the form of commodities.
Three. Supply price and payment method
1. Supply price: _ _ _ _ _ _ yuan per piece (i.e. _ _ _ _ _ _ _ yuan per box).
2. Payment and settlement methods
(1) In principle, cash delivery means that Party A delivers the goods after Party B's payment is remitted to Party A's account.
(2) Party A may issue an invoice for Party B according to the settlement amount.
Iv. Delivery date and cargo transportation
1. Party B must notify Party A 10 days in advance for each delivery, and fax a valid delivery application form to Party A. ..
2. Party A shall bear the railway or highway transportation fee for the goods to Party B's distribution city ... If Party B needs other modes of transportation, the transportation fee outside the railway shall be borne by Party B. ..
3. If there is any damage or shortage in quantity during transportation, Party A shall be responsible for replacing and supplementing it with the certificate of the transportation department. Party B shall be responsible for the damage and shortage caused by Party B during the sales and storage.
4. Party B shall complete the acceptance within 24 hours after receiving the goods. If there are any problems in the acceptance process, Party A shall be informed immediately, and Party A shall not be responsible for any overdue. After inspection, Party B shall fax the receipt certificate to Party A within 48 hours after signing and sealing, otherwise it will be regarded as acceptance of receipt.
Verb (abbreviation of verb) selling price and channel management
1, this product implements the national unified retail price policy, and the retail price per box is 176 yuan.
2. Distributor shall not engage in unfair price competition or direct price reduction and dumping in any name.
(1) Party B guarantees to sell this product at a retail price not lower than that specified by Party A (except for the discount promotion agreed by Party A).
(2) If Party B sells Party A's products at a price lower than Party A's supply price during the distribution period, once verified, Party A will be compensated by 200% of the total payment for the month, and Party A has the right to cancel Party B's dealer qualification.
3. Without the written consent of Party A, Party B shall not sell products across regions, nor shall it sell products in any region other than the exclusive sales place agreed by both parties. Once verified, Party B shall compensate Party A for 200% of the total payment, and cancel Party B's exclusive distributor or dealer qualification (the sales referred to in this paragraph are large-scale public sales).
1. Party B has the right to suggest the content and publishing method of the advertisement, but the final decision belongs to Party A. ..
2. The regional advertising expenses shall be borne by Party B..
3. According to Party B's sales demand, Party B shall provide corresponding publicity materials at the cost price. Party B is responsible for other products related to product sales.
Rights and obligations of both sides of intransitive verbs
1. Rights of Party A
(1) has the right to consult and understand Party B's business and promotion activities.
(2) In case of illegal sales, Party B has the right to check Party B's accounts.
2. Party A's obligations
(1) has the obligation to safeguard the legitimate rights and interests of Party B according to the contract.
(2) After this contract comes into effect, Party A shall not sell this product in Party B's sales channels in any other way or through any organization provided that Party B does not violate this contract.
(3) Have the obligation to supply goods on time, ensure the quality of goods and provide business information.
(4) Have the obligation to provide Party B with the necessary documents for product sales.
(5) If the product has quality problems, it is obliged to return it for free and bear the obligation of freight.
3. Rights of Party B
(1) Party B has the right to operate independently and exclusively within the scope permitted by the contract.
(2) For Party A's violation of this contract, it can be directly investigated for its economic and legal responsibilities.
4. Party B's obligations
(1) Party B has the responsibility to expand the market and establish and improve an effective sales network.
(2) Party B is obliged to complete all relevant procedures for listing the product within 30 days after Party A provides relevant procedures.
(3) Party B has the obligation to keep confidential the information about Party A's product technology, business situation, market expansion strategy and price system.
(4) Party B shall not distribute other products with similar functional components or competitive relationship with this product.
(5) Party B has the obligation to properly handle local consumers' inquiries about product quality and efficacy on behalf of Party A. ..
Seven. Termination of contract
1. If the purchase quantity of Party B fails to reach a certain scale within half a year or one year, Party A has the right to terminate this contract.
2. After the market start-up period, if Party A fails to deliver the goods within 15 days after the agreed delivery date, Party B has the right to terminate this contract.
Eight. Relevant agreements after the termination of the contract
1. Party B shall continue to keep confidential the commercial contents of Party A (including but not limited to sales policy and price system, etc.). ).
2. Party B shall return all documents, materials and power of attorney (including copies).
Nine. others
1. Neither Party A nor Party B shall terminate or violate this contract due to the change of the nature of the enterprise.
2. Party B shall affix the official seal to the qualification materials (business license, health food business license, copy of legal person certificate, etc.). ) and submit it to Party A for filing when the contract is signed.
3. When the contract is signed, Party B shall pay the market performance bond of RMB. After the expiration of the contract, if Party B does not breach the contract, Party A will refund the deposit to Party B in full (excluding interest).
4. When marketing starts advertising and standardized terminal sales management of a certain scale, Party A has the right to adjust the agent price and sales index of products according to the sharing of expenses and responsibilities.
5. Due to product quality problems, it can be returned at any time. After the end of the promotion period, if the shelf life of the unsold products of the distributor exceeds one year, and the packaging is intact, which will not affect the secondary sales, the products can be sold in accordance with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. Without the authorization of Party A, Party B shall not publish information related to this product on the Internet, and online sales are strictly prohibited.
X. liability for breach of contract
1. Both parties agree to all the terms of this contract. In case of violation, it shall be solved according to relevant national laws and regulations. In case of breach of contract due to special circumstances such as force majeure or changes in national laws and regulations, both parties shall settle it through consultation.
7. If negotiation fails, both parties may bring a lawsuit to the people's court where Party A is located.
XI。 Effectiveness and duration of the contract
1. This contract is valid for _ _ _ _ _ _ _ _ _ (from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _). After the expiration of this contract, Party B has the priority to renew it under the same conditions.
2. This contract is made in quadruplicate, two for each party, and both parties shall abide by it. The modification of this contract is invalid without the seals of both parties.
3. For matters not covered in this contract, both parties may sign a supplementary agreement separately, which has the same legal effect as this contract.
Party A: Party B:
Representative: Legal Representative:
Address address:
Tel: Tel:
Fax: Fax:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _