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Payment Contract
In a society where people pay more and more attention to contracts, contracts appear more and more often. Signing a contract can balance the equal status of both parties. I believe many friends are very distressed about contract drafting. Below are 9 payment contracts that I have compiled for you. You are welcome to share them. Payment Contract Chapter 1
Yanchuan County Transportation Bureau:
The fifth bid section of the Yanchuan County Tourism Road Network Reconstruction Project undertaken by our unit (Tuhui Road contract amount is 2.19 million yuan) ), the first bid section of Yanchuan County Tourism Road Network Renovation Project (Xiaofu Road contract value is 4.01 million yuan), the eighth bid section of Yanchuan County Tongcun Highway (Maguan Road contract value is 4.14 million yuan), and the above three road changes were signed. The increase amount is 2.9 million yuan, totaling 13.24 million yuan for the three roads. The three roads were all completed and delivered to your company in July 20xx. Up to now, your company has paid a total of 9 million yuan to our company, and there is still 4.24 million yuan in project funds that have not been paid. Our company has advanced payment for the project. At present, our company still owes more than 2.5 million yuan in labor fees, machinery fees, etc. to the subordinate construction team. Because the arrears are too long, and students are in urgent need of money when registering for school, we kindly ask your company to pay our company's project fees as soon as possible to solve our problem. serious difficulties currently faced.
Shaanxi Construction Machinery Construction Group Co., Ltd.
Yanchuan County Road Engineering Project Department
Payment Contract on August 13, 20xx Part 2
Facts of the case
In a sales contract dispute between the plaintiff Zhang and the defendant Xu, the plaintiff claimed that the defendant Xu needed to purchase cement from the plaintiff for the construction of resettlement housing, and the two parties agreed to first transport the cement to the defendant to start construction. , waiting for the payment for the first floor project to be paid out before paying the plaintiff. Until the main project was completed, the defendant still did not pay the plaintiff. On November 18, 20xx, after settlement by both parties, the defendant still owed the plaintiff 21,000 yuan for cement payment. The defendant issued an IOU to the plaintiff and handed it over to the plaintiff for collection. Afterwards, the plaintiff repeatedly urged the plaintiff to make demands, but to no avail. The plaintiff now files a lawsuit with the court and requests that the defendant be ordered to pay the plaintiff's payment of 21,000 yuan and overdue payment interest 1 (from November 18, 20xx to the date when the payment is paid, calculated based on the People's Bank of China's benchmark loan interest rate for the same period); this case The legal costs shall be borne by the defendant.
Trial
The Qingtian County People’s Court held that the sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. The sales contract between the plaintiff Zhang and the defendant Xu, the parties are qualified, their intentions are true, and their content does not violate the prohibitive provisions of laws and regulations, so it should be deemed legal and valid. After receiving the cement from the plaintiff, the defendant should pay the price as agreed. On November 18, 20xx, after settlement between the two parties, the defendant still owed the plaintiff a payment of 21,000 yuan. On this basis, an IOU was issued, and the defendant should pay the payment according to the settlement amount. Despite repeated reminders from the plaintiff, the defendant has yet to pay, which is obviously a breach of contract and should bear corresponding civil liability. Therefore, the plaintiff's request for the defendant to pay the 21,000 yuan payment and interest on overdue payment should be supported in accordance with the law. Therefore, the judgment according to law is as follows: Defendant Xu shall pay plaintiff Zhang Yongling the payment of 21,000 yuan and overdue payment interest within ten days after this judgment takes effect (the interest will be from November 18, 20xx to the date when the payment is paid, based on the People's Bank of China loan benchmark for the same period) interest rate calculation).
Disagreement
The facts of this case are clear and there is no dispute at first glance. However, upon further consideration, whether the plaintiff can claim interest on late payment and, if so, how to calculate interest on overdue payment are still worth exploring.
Commentary
The first view is that the plaintiff Zhang cannot claim interest on late payment. The reason is that the defendant had a dispute based on the sales contract. Defendant Xu's failure to pay the payment within the time limit was a breach of contract, but the two parties did not agree on the terms of liquidated damages. Since the implementation of the Contract Law on October 1, 1999, there is no statutory provision for liquidated damages for overdue payment in the sales contract in Chapter 9 of the sub-provisions of the law. Therefore, the application of liquidated damages can only be based on the agreement of the parties. If the parties If there is no agreement on liquidated damages for overdue payment, the legal liability for payment of liquidated damages shall not be applicable, and the defaulting party of overdue payment shall be judged or mediated to pay liquidated damages.
The second view is that the plaintiff Zhang can claim interest on overdue payment. The interest will be from November 18, 20xx to the beginning of the performance period specified in the judgment, based on the People’s Bank of China’s benchmark loan interest rate for the same period. calculate. 1. The plaintiff and the defendant had a dispute based on the sales contract. Although the two parties did not agree on the breach of overdue payment. 1 Overdue payment interest is a concept between interest loss and overdue payment liquidated damages. It is similar in nature to the overdue payment liquidated damages. When the parties sign a contract, they agree to pay interest on the corresponding arrears to the other party when one party breaches the contract, or to pay interest at the relevant interest rate in accordance with relevant laws and regulations, that is, to pay the penalty for overdue payment in the form of interest, so it is called overdue payment. Interest.
The relevant terms of liquidated damages were stipulated, but the two parties settled the payment on November 18, 20xx. At the same time, the defendant issued an IOU to the plaintiff and handed it over to the plaintiff for collection. At this time, the defendant had clearly owed the plaintiff a payment of 21,000 yuan.
According to Article 107 of the Contract Law, “If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.”; Article 112 “One party shall If the other party fails to perform its contractual obligations or performs them inconsistently with the agreement, and after performing its obligations or taking remedial measures, if the other party has other losses, it shall compensate for the losses." In addition to continuing to perform the contract, i.e. paying the payment, the defendant Xu also needs to Compensate for the loss of interest on the relevant payment during the period of late payment, because the loss of interest on late payment is obvious. 2. As for the calculation standards for liquidated damages, the Supreme People's Court issued the "Reply on the Standards for Calculating Liquidated Damages for Overdue Payments" on February 16, 1999 2 (Fa Interpretation [1999] No. 8, referred to as Approval), overdue payment interest can be calculated with reference to the standards for financial institutions to calculate and charge overdue loan interest stipulated by the People's Bank of China. 3. The parties in this case did not agree on the payment time, nor did they reach a supplementary agreement on this. According to transaction customs, the defendant Xu should pay immediately after the settlement between the two parties. However, the defendant Xu did not pay until the plaintiff Zhang brought the case to the court, which was obviously overdue. The breach of contract due to non-payment will have occurred since the date of settlement between the two parties, that is, November 18, 20xx. 4. Because the plaintiff filed a lawsuit in court in accordance with the law, it means that the court is willing to have the court determine the facts of the dispute between the two parties and obey the court's decision to resolve the dispute. Once the court determines the existence of the breach of contract in accordance with the law and determines in the judgment the time limit and method for the defendant to perform its contractual obligations, it means that the defendant should bear the liability for breach of contract and perform its obligation to pay interest on overdue payments, and the plaintiff agrees to accept the defendant's compliance with the contract. The payment obligation shall be fulfilled in the manner specified in the judgment. Therefore, the defendant should bear liability for breach of contract before the judgment is made and pay until the start of the performance period specified in the judgment. The defendant's subsequent performance of its payment obligations within the performance period stipulated in the judgment was recognized by both the People's Court and the plaintiff. It cannot be called a breach of contract, and accordingly, no interest on overdue payments should be calculated. As for the obligor's failure to perform the payment obligation after the expiration of the performance period, the obligor shall be liable for the refusal to perform the court's judgment and ruling obligations, which is not a breach of contract, and no interest on overdue payment shall be calculated. Therefore, interest on late payment shall be calculated from the date when the payment for goods is due but has not been made until the date when the performance period specified in the judgment begins.
The third view is that the plaintiff can claim interest on overdue payment, but the interest will be calculated based on the People's Bank of China's benchmark loan interest rate for the same period from November 18, 20xx to the date of payment. The defendant should bear liability for breach of contract before the judgment is made, and it is understandable that the defendant should pay until the beginning of the performance period specified in the judgment. The defendant's subsequent performance of its payment obligations within the performance period stipulated in the judgment was recognized by both the People's Court and the plaintiff. It was the plaintiff's acceptance of the court's judgment and the grace period for the plaintiff's performance, but it did not mean that the plaintiff had given up the relevant interests, let alone Therefore, it cannot be considered that defendant Xu’s liability for breach of contract for overdue payment is exempted. As long as the default of overdue payment persists, overdue payment interest shall be accrued until the date of payment.
The author agrees with the third view. In this case, the defendant Xu's default in arrears of payment for goods continued until he paid off the payment for goods. Therefore, the overdue payment interest should be paid until the date of payment. There is also a question of how to express it. Some judges stated it as "until the date the payment is paid", and some judges stated it as "until the date the payment is paid". The author believes that the latter expression is relatively reasonable. , because no one can guarantee that the referee's subject matter can be paid in one go, and it may be paid in multiple installments. At this time, the behavior of overdue payment still exists, but the amount of overdue payment has been reduced, and it cannot be due to the payment. 2 The "Approval" stipulates: If the parties to the contract have not agreed on the standard of liquidated damages for overdue payment, the people's court may calculate the liquidated damages for overdue payment by referring to the standards for calculating and charging overdue loan interest by financial institutions prescribed by the People's Bank of China. When the People's Bank of China adjusts the standards for calculating and charging overdue loan interest by financial institutions, the People's Court may accordingly adjust the calculation standards for calculating liquidated damages for overdue payments.
By paying part of the payment, you are exempted from the obligation to pay liquidated damages for the remaining overdue amount. At this time, you should refer to the common practice of banks when transferring funds and deducting loans, and cash it out in accordance with the principle of interest followed by principal.
To sum up, in cases of sales contracts where there is no prior agreement to pay liquidated damages for overdue payments, the parties bring a lawsuit to the court to demand payment of overdue payment interest. According to Articles 107 and 111 of the Contract Law According to the provisions of Article 2, compensation for debt interest incurred during the period of overdue payment, that is, overdue payment interest, should be allowed. The calculation standard for overdue payment interest can be calculated by referring to the standards for calculating and collecting overdue loan interest for financial institutions stipulated by the People's Bank of China in accordance with the "Reply on the Standards for Calculating Liquidated Damages for Overdue Payment". The period during which overdue payment interest can be claimed shall be from the date when the payment is overdue to the date when the payment is paid in full. Refer to the common bank practice when deducting funds and debiting loans, and cash in accordance with the principle of interest followed by principal. Payment Contract Chapter 3
Project payment method:
1. Method 1
1. Ten days after the contract is signed and Party B enters the site, Party A pays the contract price to Party B 20% as reserve payment.
2. When Party B completes 60% of the contracted work, Party A shall pay Party B 60% of the total contract price as project progress payment.
3. When Party B completes 95% of the contracted work, Party A shall pay Party B 80% of the contract price.
4. After the project is completed and has been inspected and accepted by the relevant departments organized by Party A, both parties A and B will complete the settlement within one month, and the project payment will be paid to 95% of the total settlement amount.
5. The remaining balance is 5% of the settlement amount, which is used as the warranty for this project. 5% will be paid within seven days after one year after the completion and acceptance of the project.
2. Method 2
1. 20% payment in advance after signing the contract. The contractor provides a letter of guarantee issued by a bank or a reputable company, with the beneficiary being the contractor, and valid for 90 days. The letter of guarantee is a demand guarantee, which means "During the validity period of the guarantee, the developer will not be able to perform the contract due to the failure of the contractor." When our bank requires the recovery of the advance payment due to its obligations under the contract (hereinafter referred to as "breach"), our bank will, within seven working days after receiving the original paper copy of the written claim notice signed by the employer stating that the contractor has breached the contract and the original copy of this letter of guarantee. "Unconditional payment to the contractor of a cumulative total amount not exceeding the guaranteed amount". The amount guaranteed by the letter of guarantee is yuan.
2. 50% of the total amount of the completed project will be paid and 30% of the completed project amount will be paid.
3. If 80% of the completed project amount is paid, 60% of the completed project amount will be paid.
4. After the project is completed and accepted, 85% of the completed project amount will be paid.
5. 95% of the project amount will be paid after the final accounts are completed.
6. Warranty deposit of 5% for two years
3. Method 3
1. Monthly payment: that is, advance payment at the end of the tenth month or advance payment in the middle of the month. At the end of the month, settlement will be based on the effective amount of work completed in the month confirmed by the engineer, and completion settlement will be processed after completion. (This means that the contractor can submit an advance bill for the project payment to the owner at the end of a ten-day period or in the middle of the month, advance a ten-day or half-month project payment, and then submit a settlement bill for the project payment and a monthly statement of completed projects at the end of the month. The owner has completed this part. After the quality acceptance of the project is passed, the contractor will be paid the project payment for the current month in a timely manner. )
2. Interface payment: The two parties agree to settle the payment in different stages according to the image progress of a single project or unit project. For example, general industrial and civil buildings can be divided into several stages such as foundation, structure, decoration, and equipment installation. Settlement will be made after each phase of the project is completed. For high-rise buildings, the construction of each completed floor can also be regarded as a settlement section. Highway projects can also be divided into two settlement sections: base layer and surface layer.
3. One-time settlement after completion: For projects with small scale and short construction period (generally within 12 months), the method of advance payment in several times during the construction process and one-time settlement after completion can be implemented.
The above are three common methods of payment for project contracts. Payment Contract Part 4
Owner:
According to the agreement signed by both parties, the bidding work of ***** has been completed, and the client should pay the remuneration for this project. I would like to request your organization to pay the agency fee of 30,000 yuan (¥30,000.00 yuan). Please pay it in time. The transfer account is as follows:
Name:
Account opening bank:
Account number:
Limited company
2 〇Part 5 of the payment contract on November 17, 20xx
Client: (Party A)
Contractor: (Party B)
According to "China The relevant provisions of the "Contract Law of the People's Republic of China" and the "Regulations on Construction and Installation Contract Contracts", combined with the specific conditions of this project, and through equal negotiation between both parties, the following agreement has been voluntarily reached:
1. Project Overview: < /p>
(1) Project name: Production and installation Installation location:
(2) The project implementation started on month and day of 201, and the completion date is month and day of 201.
2. Contracting method and project cost:
(1) According to the project budget items provided by Party B, the construction will be carried out by contracting labor and materials.
(2) If Party A changes the design, it shall promptly adjust the project price and project period with Party B. The newly added part shall be settled according to the unit price in the quotation table.
(3) Total contract cost: (uppercase) (lowercase) (The unit project cost is determined with reference to the budget document).
3. Rights and obligations of Party A and Party B:
(1) Rights and obligations of Party A:
1. The person in charge shall connect the construction site before the start of construction Power supply and electricity bills shall be borne by Party A.
2. Designate a dedicated person to supervise the project progress and quality, handle the acceptance procedures for intermediate delivery projects, and be responsible for signing the project acceptance confirmation.
3. Party A is responsible for providing a place for Party B to store tools, and Party B is responsible for taking care of them.
4. During the construction process, if there are design changes, rain, power outages, or force majeure natural disasters, the original construction period will be postponed.
5. After the construction period is completed, Party A shall conduct project acceptance together with Party B within three days of receiving Party B’s application for acceptance. Party A must notify Party B in writing of any quality issues with the project, otherwise the project will be deemed to be subject to Party A’s acceptance. qualified.
(2) Rights and obligations of Party B:
1. Make, supply and manage materials according to the scope agreed by both parties.
2. Issue a notice of commencement of construction to Party A in a timely manner. During construction, the construction should be carried out strictly in accordance with the contract and budget, the quality of the project should be ensured, and the work should be completed and delivered as scheduled according to the time specified in the contract.
3. Party B is responsible for cleaning up the site.
4. Party A’s safety and security system must be observed and fire prevention and public security work at the construction site must be done well.
5. After the project is accepted and accepted, Party B will be responsible for quality problems and free repairs during the warranty period (excluding man-made damage and natural disaster damage). Party B promises to send personnel to Party A's site to carry out maintenance work within 48 hours after receiving a maintenance call from Party A.
6. If Party B suffers any personal injury or death during construction, it shall bear the responsibility on its own, and Party A does not assume any legal liability. Party B is responsible for accidents caused by billboards falling during the warranty period, and Party A does not bear any responsibility.
IV. Project payment method:
1. On the day the contract is signed, Party A pays Party B an advance payment for the project, accounting for % of the total project payment, calculated in RMB: Yuan, capitalized:.
2. When construction personnel enter the site for construction, Party A pays Party B project progress payment, accounting for % of the total construction payment, calculated in RMB: Yuan, capitalized:.
3. RMB: Yuan, capitalized:.
5. Liability for breach of contract:
(1) Party A:
1. Failure to perform its responsibilities in accordance with the provisions of the contract, except Party B In addition to the extension of the completion date, Party B shall also be compensated for the actual losses incurred thereby.
Sample Project Payment Contract
2. If construction is suspended or postponed during the project, or work is stopped or reworked due to design changes, Party A shall take compensatory measures or reduce losses, and at the same time compensate Party B shall be responsible for the actual losses caused by the shutdown, rework, reshipping, relocation of personnel and machinery and equipment, and the backlog of materials and components.
3. If the project has not been inspected and accepted, and Party A uses it in advance or without authorization, it will be deemed to have passed the inspection and acceptance. Party A will be solely responsible for any quality or other problems arising therefrom.
4. If Party B does not allocate the project funds within the time specified in the contract, Party B has the right to stop the construction, and Party A will be responsible for any liability arising therefrom.
5. If there is a need to change the contract under special circumstances, Party B should be contacted in a timely manner and the solution should be negotiated and signed by both parties. Otherwise, full responsibility will be borne.
6. After the project is delivered for use, if Party A fails to pay as stipulated in the contract, it shall pay overdue liquidated damages at a rate of 0.2% of the total price to Party B every day.
(2) Party B:
1. If the quality of the project does not meet the provisions of the contract, it will be responsible for free rectification.
2. If the project delivery time does not meet the regulations, overdue liquidated damages shall be paid. The liquidated damages shall be paid to Party A at the rate of 0.2% of the total price every day.
3. Party B completes the production work stipulated in the contract in accordance with the content and method agreed by both parties. If Party B needs to change the content, Party A shall obtain written consent. If there are quality problems, both parties shall coordinate and reach a resolution agreement, and then Negotiate.
6. If during the validity period of this contract, due to force majeure factors such as natural disasters and changes in national laws and policies, this contract and its supplementary agreements cannot be performed in part or in whole, both parties will not be liable for breach of contract. However, the other party shall be notified in writing of the relevant events, possible consequences, etc. within forty-eight hours, and shall submit to the other party, within fifteen days after the event, certification from the relevant authoritative department, and this contract (including the supplementary agreement) ) Reports that agreed obligations and responsibilities cannot be performed or need to be postponed.
7. The project approval procedures shall be handled by Party A, and Party A shall provide materials required by municipal administration, industry and commerce.
8. The method by which Party A and Party B send notifications, such as telegram or telex notification, shall be followed by a written notification involving the rights and obligations of both parties. The addresses of Party A and Party B listed in the contract shall be the receiving addresses of each party. If your address changes, you must promptly notify the other party in writing. Any notice or other relevant document served at the last address of each party shall be deemed to have been effectively served.
9. The design drawings, production drawings, and project quotation and budget documents involved in this agreement can be used as attachments and have the same legal effect.
10. During the performance of this contract, if any dispute arises, the two parties shall resolve it through negotiation; if negotiation fails, either Party A or Party B may apply to the local arbitration committee for arbitration.
11. Others:
12. This contract is made in duplicate and signed by both parties. It will take effect after being stamped, and each Party A and Party B will hold one copy. Once the project is completed and the payment is settled, this contract will terminate naturally.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________year____month____day_________year____month____day Payment Contract Chapter 6
Party A:
Party B:
In order to strengthen the management of the internal payment system, standardize and unify payment procedures, and further improve the quality and efficiency of cooperation between Party A and Party B, Party A and Party B have formulated this payment agreement through friendly negotiation for the mutual benefit of Party A and Party B. Comply with:
1. Regulations on Party B’s invoicing:
Party A can notify Party B to issue invoices only after receiving the products provided by Party B and inspecting them as qualified. Party A’s acceptance of qualified product models and The quantity is based on the signed delivery note. The invoiced quantity is only the quantity of qualified products accepted by Party A (this quantity must be mutually confirmed by both parties). Party B shall send/deliver the invoice to Party A’s Finance Department before the 30th of each month.
2. Provisions on Party A’s payment:
Party B provides Party A with the payment method of preparatory funds: that is, the first month’s payment is deposited with Party A, and in the second month After the payment is settled, Party A shall pay Party B the total amount shown in the first month's invoice in one lump sum within 30 days after receiving Party B's invoice. Except for force majeure factors, Party A shall not delay payment to Party B without reason. If there are indeed special circumstances that prevent payment before the end of the month after receiving the invoice, you must explain and communicate with Party B in advance and obtain Party B's consent. Otherwise, Party B may take control of delivery to restrict Party A. If Party B due to some special If the situation requires Party A to pay in advance, Party A must communicate with Party A promptly in advance. Party A may provide assistance based on specific circumstances.
3. Other agreements on products:
The single-sided plastic spraying fee for display cabinets is: 8.5 yuan/㎡, and the single-sided plastic spraying fee for freezers is: 8.5 yuan/㎡. The entire settlement area of ??both products is the actual effective spray area. If the freezer requires screen printing, an additional screen printing fee is required: RMB/set. Party A's product blank sheet metal is transported from the sheet metal factory to the place designated by Party B. All costs incurred in this process have nothing to do with Party B. Party B is responsible for transporting the sprayed finished product to Party A's factory. Party A and Party B issue a purchase order to Party B according to the order cycle agreed upon by both parties. The order cycle is 4 days, from the time when the rough sheet metal is delivered to Party B's factory to the time when the finished product is delivered by Party B to Party A's factory, except for force majeure factors. , Party B shall deliver goods strictly in accordance with the delivery quantity and quality and quantity in the order confirmed with Party A.
IV. Provisions on payment methods: Payment contract template
Payment method: 50% of the monthly payment is cash or bank transfer check; the other 50% is bank transfer Acceptance Bill.
V. Other provisions:
Party A and Party B shall abide by this agreement. If a dispute occurs, the parties shall resolve it through friendly negotiation in a timely manner. If the negotiation fails, both parties agree to apply to the court where the complaining party is located. arbitration.
6. The agreement takes effect:
This agreement will take effect after it is signed and sealed by Party A and Party B (fax copies are valid). This Agreement is made in duplicate and each party shall hold one copy as evidence.
7. Agreement Validity Period:
This agreement will be effective for a long time under the normal cooperation between Party A and Party B. If either party wants to change or terminate the agreement, it must notify the other party one month in advance. A written notice of change shall be issued and both parties shall negotiate for revision.
Party A’s signature: Party B’s signature:
Seal and payment contract Part 7
Party A: Co., Ltd. Anhui Branch
Party B: Installation Co., Ltd.
Party C: Real Estate Development Co., Ltd.
Signing place: **
Party A and Party C signed the contract in ** year* The "Project Power Supply and Distribution Installation Engineering Construction Contract" was signed on *month**. With the consent of Party C, Party A will transfer all the rights and obligations of Party A under the contract to Party B. In accordance with the Contract Law of the People's Republic of China and other relevant laws and administrative regulations, parties A, B, and C reached this agreement on relevant matters through equal consultation, and *** agree to abide by it.
1. Scope of obligations and requirements:
1. Party B is fully responsible for all obligations and responsibilities that Party A should perform as stipulated in the "Project Power Supply, Distribution and Installation Engineering Construction Contract" , including cooperation in project construction, settlement work and project maintenance, etc., until the contract is fully performed.
2. Party B should have the same corporate qualifications and capabilities as Party A. Party B is fully responsible for the authenticity and legality of the corporate information provided; and Party A is confident that Party B can undertake the "Project Power Supply and Distribution Installation" The project construction contracting contract shall bear the unshirkable guarantee responsibility for the work.
3. Party A bears full legal responsibility for the legality and operability of the contents of this agreement; and shall bear all costs incurred thereby.
4. Party B collects the payment from the "Project Power Supply, Distribution and Installation Engineering Construction Contract" signed between Party A and Party C.
5. Party B is responsible for providing formal and legal project payment invoices for the money received.
2. Specific payment and payment instructions:
1. Party C shall pay the remaining balance to Party B’s company account at the request of Party A and Party B.
2. For each payment, Party B will provide a formal invoice that meets Party C’s financial requirements in advance. Party C will handle the payment after receiving the confirmed invoice.
3. Within 3 working days after the signing of this agreement, Party B shall pay the invoice for the project payment owed by Party A in full.
3. Others:
1. All additional costs arising from the performance of this agreement that are not stipulated in the "Project Power Supply and Distribution Installation Engineering Construction Contract" shall be borne by Party B.
2. Party A, Party B and Party C all have the responsibility and obligation to keep the contents of this agreement confidential; without the written permission of the other two parties, no party shall provide or disclose to other parties anything related to this agreement and the business involved. data and information.
3. If any provision of this Agreement becomes illegal, invalid or unenforceable at any time without affecting the validity of this Agreement, the other provisions of this Agreement shall not be affected. If any provision of this agreement becomes illegal, invalid or unenforceable at any time and has no legal effect, the "Project Power Supply and Distribution Installation Engineering Construction Contract" will still be performed by Party A and Party C without being affected.
4. No party may change or modify this agreement without the written confirmation of the three parties.
5. For matters not covered in this Agreement, the three parties may sign a supplementary agreement or provide supplements, explanations and explanations to the relevant issues in this Agreement in the form of attachments. The supplementary agreement and attachments to this Agreement shall be the supplementary agreement and attachments to this Agreement. components and have the same legal effect as this Agreement.
IV. Methods for resolving contract disputes:
Any disputes arising during the execution of this agreement or related to this agreement shall be resolved by the three parties through friendly negotiation. If the three parties still cannot reach an agreement after negotiation At the time of the agreement, the three parties agreed to file a lawsuit in the court where Party C is located
5. Agreement term:
1. This agreement is made in six copies. Party A, Party B and Party C will each hold two copies. It will take effect and be implemented on the date when the legal representatives, persons in charge or authorized agents of the three parties sign and stamp their official seals.
2. This agreement is valid until the completion of the contract performance obligations stipulated in the "Project Power Supply and Distribution Installation Engineering Construction Contract".
Party A (seal): Co., Ltd.
Representative (signature):
Telephone:
Date: ** Year 1 March 15
Party B (seal): Installation Co., Ltd.
Representative (signature):
Account opening bank:
Account number:
Telephone:
Date:
Party C (seal): Real Estate Development Co., Ltd.
Representative (signature): < /p>
Telephone number:
Date: Payment Contract Part 8
Party A:
Party B:
Signing place:
Signing time: Year, month and day
1. Product name, specifications, quantity, unit price
2. Quality requirements: Quality meets national standards (GB-XXXX ), if any objection is raised within fifteen days, Party A will guarantee a refund or replacement.
3. Transportation method and cost: For road transportation, Party A will bear the freight.
IV. Supply method and period: Party A supplies Party B to Party B according to Party B’s purchase order, and Party B must notify Party A of the delivery plan 7 days in advance. Party A organizes the vehicles and delivers them on the date requested by Party B.
5. Delivery place and method: The goods will be delivered to the warehouse designated by Party B.
6. Settlement method: cash on delivery (for specific payment time and payment method, please see the attachment agreed upon by both parties) ).
VII. Liability for breach of contract:
1. Violation of the provisions of this contract or termination of the contract without reason shall be deemed a breach of contract. The breaching party shall bear liability for breach of contract in accordance with the relevant provisions of the Contract Law.
2. During the validity period of the contract, if no force majeure occurs, neither Party A nor Party B shall terminate the contract, and the party terminating the contract shall be deemed to have breached the contract.
3. Calculation method of liquidated damages: If either party unilaterally terminates the contract, it shall pay the other party a liquidated damages equivalent to twenty percent (20%) of the total contract amount; if Party B exceeds /p>
For installment payment, Party A shall pay a liquidated penalty equivalent to three percent (0.3%) of the overdue payment on a daily basis, but the maximum shall not exceed five percent (5%) of the total delayed payment. If Party A overdues delivery, Party A shall pay Party B a liquidated damages equivalent to three percent (0.3%) of the overdue delivery part on a daily basis, but shall not exceed five percent (5%) of the delayed delivery part.
8. Termination of Contract
If Party A or Party B wants to terminate this contract early, they should formally notify the other party in writing and by phone 30 days in advance. This contract can only be terminated after both parties have settled all fees and assumed corresponding responsibilities.
9. Dispute resolution:
If a dispute occurs during the execution of this contract, it will be resolved by both parties through negotiation; if the negotiation fails, both parties can file a lawsuit with the people's court where the complaining party is located. .
10. This contract is made in two copies, one for Party A and one for Party B. They have the same legal effect. The contract will take effect after being signed and sealed by both parties.
11. Remarks:
1. This contract will take effect when signed and sealed by both parties, and the fax copy is valid.
2. Party A only guarantees the quality of the paint itself and is not responsible for other problems such as problems caused by construction. Party B shall consult Party A or relevant authorities as much as possible when selecting paint types.
Party A and Party B
Company name (chapter): Company name (chapter):
Company address: Company address:
Legal Representative: Legal representative:
Authorized agent: Authorized agent:
Telephone: Telephone:
Fax: Fax:
Account opening bank: Account opening bank:
Account number: Account number:
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