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Midea purchase and sale contract
What is the purchase and sale contract of Midea? The following is a beautiful sales contract I arranged for you. Welcome to learn from it.
Midea Purchase and Sales Contract Buyer (Party A): ContractNo.:
Supplier (Party B): Signing place:
Through friendly negotiation, Party A and Party B reached the following agreement on the use of the air conditioner in the exhibition hall of Yangzhou Sinopec Yizheng Chemical Fiber Co., Ltd. purchased by Party A:
2. Settlement method and time limit: 30% deposit shall be paid after the contract is signed, and the equipment shall arrive at the site within 1 day, and the full amount shall be paid.
3. Installation requirements and time limit for raising objections to installation quality: Party A shall be responsible for organizing the project acceptance within ten days from the date when Party B notifies Party A of the project acceptance, otherwise the project will be deemed as qualified.
4. The installation site of this project is Yangzhou Yizheng Chemical Fiber, and Party B will transport it to the installation site free of charge. Installation time:-End time:-
5. Warranty period: Party B promises to guarantee the installed air conditioner for six years, the embedded air conditioner, fan and seven cabinets and ten cabinets for two years, and provide a service hotline. Note: Damage or failure caused by force majeure, Party A's harsh working environment or Party A's unauthorized disassembly and repair are not covered by the warranty.
6. Party A promises that the air conditioner purchased by Party B will only be used within the scope of installation and use specified in this contract, and shall not be installed outside the area specified in this contract without Party B's permission, otherwise Party B has the right to claim liquidated damages from Party A. ..
Seven. Method for resolving contract disputes: both parties shall settle disputes through consultation or implement in accordance with the Contract Law.
8. This contract is made in triplicate, one for each party and one for Midea Air Conditioning.
Nine. Other agreed matters: (Party B shall be responsible for the losses caused by air conditioning equipment and installation quality problems)
1. Before Party B's construction, Party A is responsible for removing the obstacles on the construction site to make the site have the construction conditions. 2. Before Party B starts construction, Party A shall connect the power supply to the location designated by Party B and install indoor and outdoor equipment. In the process of construction, if it needs to be reported to quality inspection, fire protection, environmental protection, property management, government and other relevant departments for confirmation, Party A shall be responsible for handling and bear the relevant expenses.
3. Party A shall participate in the supervision of project quality and construction progress.
4. Party A is responsible for the entry acceptance and project completion acceptance of air conditioning equipment and auxiliary materials, and is responsible for protecting the entry materials and installation equipment to prevent theft and damage.
5. Party A shall coordinate Party B's cooperation with other majors such as decoration and construction, otherwise, the cooperation expenses incurred shall be borne by Party A. ..
6. Party B shall provide free maintenance for the old air conditioner. The material expenses incurred shall be calculated by Party A according to the actual situation.
Name of Party A: Name of Party B:
Entrusted agent: entrusted agent:
Tel: Tel:
Date of contract signing:-Date of contract signing:-
The second demander of Midea's purchase and sale contract (Party A): ContractNo.:
Supplier (Party B): Signing place:
1. Party A and Party B have reached the following agreement on the installation and use of Midea air conditioner purchased by Party A through friendly negotiation:
2. Warranty period: Party B promises to guarantee the installed Midea air conditioner.
Note: Damage or failure caused by force majeure, Party A's harsh working environment or Party A's unauthorized disassembly and repair are not covered by the warranty.
3. Installation location: Lan Kwai Fong Foot Bath on Juchao Road.
Four. Transportation mode and cost burden: 5. Piping, opening and support costs (referring to the part beyond the original configuration):
6. Installation requirements and time limit for raising objections to installation quality: Note: Party A is responsible for organizing the project acceptance within ten days from the date when Party B notifies Party A of the project acceptance, otherwise the project will be deemed as qualified.
Seven. Settlement method and time limit:
8. Without the consent of Party B, Party A shall not use the purchased air conditioner for secondary sales or other purposes, and shall be responsible for the market confusion caused to Party B. ..
Party A shall compensate Party B for the corresponding losses caused thereby.
9. The contract price is valid within one month from the date of signing, and it is invalid after one month.
X. If a guarantee is required, a separate contract guarantee shall be attached to this contract:
XI。 Liability for breach of contract:
Twelve. Ways to resolve contract disputes:
Thirteen. This contract is made in triplicate, with Party A keeping 1 copy, Party B keeping 1 copy and Midea Air Conditioning keeping 1 copy.
Fourteen Other agreed matters:
Name of Party A: Name of Party B:
Entrusted agent: entrusted agent:
Tel: Tel:
Date of signing the contract: year month day.
Further reading: Precautions for sales contracts Sales contracts are variants of sales contracts, which are basically consistent with the requirements of sales contracts. Mainly refers to the agreement between the supplier (seller) and the buyer (buyer) that a product is delivered by the supplier to the buyer, and the buyer accepts the product and pays the price according to the regulations. What should I pay attention to when signing a purchase and sale contract?
First, the product name, trademark, specifications, manufacturers, units of measurement, quantity, unit price, amount, delivery time and quantity and other specific precautions.
1, fill in the name correctly, and don't write the established name or self-name.
2, where the use of brands, trademarks, products, should be particularly marked with brands, trademarks and manufacturers.
3. Please refer to the corresponding material catalogue and equipment catalogue for specifications and models.
4, product quantity and measurement method, according to the measurement method stipulated by the state or the competent department; If there are no provisions, the measurement method agreed by both parties shall be followed.
5. The price and amount shall be agreed by the parties through consultation, except that the state has price regulations that must be implemented. If the national price is implemented, when the national price is adjusted within the delivery period stipulated in the contract, it should be priced at the delivery price. In case of late delivery and price increase, the original price shall prevail; When the price drops, the new price shall prevail. Overdue loans or payments, when the price rises, according to the new price; When the price drops, the original price shall prevail;
6. The delivery period can be stipulated in the contract. Generally speaking, the delivery date is based on the delivery date notified by Party B (giving Party A the necessary time on the way), the delivery date is based on the delivery of the goods to the carrier for consignment, and the delivery date is based on the destination.
7. Partial delivery can be agreed.
The second is the quality and technical standards, and the conditions and deadlines for suppliers to be responsible for quality.
There are national mandatory standards or industry mandatory standards, which shall not be lower than the national mandatory standards or industry mandatory standards; If there is no national mandatory standard or industry mandatory standard, it shall be signed by both parties through consultation. Suppliers must be responsible for product quality and packaging quality, and provide necessary technical data or samples for acceptance. Measures for product quality acceptance and quarantine shall be implemented in accordance with the relevant provisions approved by the State Council. If there is no provision, it shall be determined by relevant parties through consultation;
There are national standards GB, ministerial standards and enterprise standards QB. If you want to fill in, you must have a standard code, number and standard name. Most general purchase and sale contracts are generally agreed as national standards. If there are special requirements for a specific product or product quality, it is necessary to specifically agree on which standard to adopt, or agree on conditions, samples (* * * with sealed samples, kept separately) and supplementary technical requirements.
Agree on the quality guarantee period of products provided by suppliers. During the warranty period, if quality problems are found, the supplier shall bear the liability for breach of contract, but it does not include the abnormal use of the buyer.
Three. Place and method of delivery (delivery)
1, delivery place, involving? Subject matter delivery? It is also the demarcation point of risk transfer.
As the place where the contract is performed, the place of delivery involves the jurisdiction of contract disputes. Where the agreed delivery place is inconsistent with the actual delivery place, the actual delivery place shall be the place where the contract is performed. If both parties have an agreement on the place of contract performance, the place of arrival of goods, the place of arrival, the place of acceptance, the place of installation and debugging, etc. Should not be regarded as the place of performance of the contract.
2. Mode of delivery: factory delivery (delivery), port of destination delivery (delivery), delivery to carrier (agent transportation), etc. In foreign trade, there are special terms.
Four, the mode of transportation and arrival at the port and the cost burden.
1. The mode of transportation is generally proposed by the buyer, and the mode, route and means of transportation can also be determined through consultation. The general requirements are low freight, fast delivery and safe arrival. If unreasonable transportation routes and tools are selected due to the supplier's reasons, the supplier will be responsible for compensation for the losses caused.
2, the burden of transportation costs, should be combined with the price of goods, to be clearly agreed, in order to avoid disputes.
Five, reasonable loss and calculation method
The positive and negative tail difference of the product delivery quantity, reasonable increase and decrease clauses, natural loss on the way, etc. shall be specified in detail by the relevant competent department and shall be indicated in the contract.
In our practice, there is generally no quantity difference, and the settlement is based on the actual quantity received.
Six, packaging standards, packaging supply and recycling
Packaging is an indispensable part in the production process of all tangible products. Poor packaging will lead to deterioration, damage, loss of its own value and use value. High-quality packaging can not only effectively protect commodities, but also improve the added value of commodities and enhance their competitiveness. When it comes to quality, we must first talk about standards. Standardization is an important guarantee to improve product quality.
1, product packaging standard: according to national standards or professional standards. Where there is no general method or agreement, the supplier shall adopt a packaging method sufficient to protect the subject matter.
2. The supply of packaging materials shall be provided by the supplier or agreed in the contract, except those provided by the buyer as stipulated by the state.
3. Packaging recycling: the contract stipulates the recycling fee. Such as oil drums and oxygen cylinders.
Seven, acceptance criteria, methods and time limit for raising objections.
1. Acceptance method: comprehensive inspection, sampling inspection, theoretical calculation and actual weighing.
2. Acceptance criteria: national standards, industry standards, enterprise standards and agreed standards.
3. Time for acceptance: How many days should the acceptance be completed, which is different from the time limit for raising objections.
4. Time limit for raising objections:
Within the agreed inspection period, the buyer shall notify the supplier of the unqualified acceptance quantity or quality within the agreed time limit. If the notice is overdue, it shall be deemed that the quantity or quality is qualified. In the written notice, it is suggested to specify the supplier's reply time, otherwise it will be regarded as the default objection and handling opinion put forward by the buyer.
If there is no agreed inspection period, the buyer shall notify the seller within a reasonable time after receiving the goods. Failure to notify within a reasonable period of time or within 2 years after receiving the goods shall be deemed as qualified. However, if there is an agreement on the quality guarantee period, the quality guarantee period shall apply. Of course, if the supplier knows that the products provided have quality problems, it is not limited by the above notification time.
? A reasonable period? Generally speaking, if the variety, specification, model, design and quality are unqualified, a written objection shall be raised within 10 days after the arrival of the goods. The products that need to be installed and operated before the internal quality problems are found shall be objected within 6 months from the date of operation.
5. It is also possible to specify who (which institution) is responsible for the acceptance and testing, and so on.
Eight, random spare parts, accessories and tools quantity and supply mode
For mechanical and electrical products, auxiliary machines, accessories, supporting products, vulnerable spare parts, accessories and installation and repair tools that come with the main engine shall be clearly specified. For complete sets of equipment, the equipment list should be made clear.
Nine. Settlement method and time limit
1. Settlement method: cash, check, draft, collection and acceptance (inspection payment or inspection payment).
2. Settlement methods: advance payment, cash on delivery and installment payment.
Guarantee
You can set up a guarantee contract separately-the content of the guarantee law and the property law.
XI。 responsibility for breach of contract
(1) Supplier's default liability
1. If the supplier fails to deliver the goods, the supplier shall bear a penalty of several percent of the undelivered payment to the buyer. (The general product range is 1? 5%, 10-30% for special products)
2. If the variety, specification, model, design and quality of the products delivered by the supplier are not in conformity with the contract, and the buyer agrees to use them, the price shall be determined according to the quality; If the buyer can't use it, the supplier shall be responsible for replacement or repair, and bear the cost of repair, replacement or return. If the supplier cannot repair or return the goods, it shall be treated as undeliverable.
3. If the supplier fails to deliver the goods in time, the supplier shall bear the liquidated damages and losses caused to the buyer for each day overdue. If the delivery is overdue, it shall be negotiated with the buyer before delivery. If it is still needed, the supplier shall pay according to the quantity; If it is no longer needed, it shall reply within days after receiving the notice from the supplier, and go through the formalities of canceling the contract. Failing to reply within the time limit shall be deemed as agreeing to deliver the goods.
4. If the supplier delivers the goods in advance and the buyer takes delivery, it may refuse to take delivery; After the goods are delivered, the supplier may be required to bear the storage expenses during the early delivery period, and the buyer shall still pay the payment as agreed. The transportation expenses shall be borne by the buyer. The contract stipulates the transportation route and means. If the supplier changes it without authorization, it shall bear the increased expenses.
(2) the buyer's liability for breach of contract
1. If the buyer returns the goods midway, it shall bear the liquidated damages for part of the return to the supplier.
2. If the buyer fails to provide the technical data or packaging materials that should be delivered according to the agreed time, the delivery time may be postponed, and the supplier shall bear the liquidated damages. If it cannot be provided, it will be returned halfway.
3. If the buyer fails to pick up the goods at the agreed time or the notified time, it shall pay the liquidated damages and bear the storage expenses.
4. If the buyer fails to pay in time, it shall bear the penalty.
5. If the buyer refuses to receive the goods in violation of the contract, it will be regarded as a return and bear the losses caused to the supplier.
Twelve. Methods of resolving contract disputes
Ways to solve contract disputes: do both parties agree to arbitrate or bring a lawsuit to the court?
1. If both parties wish to settle the dispute through arbitration, they shall explain the reasons. XX arbitration commission? Arbitration, if the name cannot be determined, shall be regarded as invalid agreement. If you can't express your dissatisfaction with arbitration, you have the right to bring a lawsuit to the people's court? , this violates? Or judge or judge? In principle, the arbitration agreement is invalid and the court obtains jurisdiction.
2. If both parties agree to solve the problem through prosecution, they can agree on the jurisdiction court. The place where the plaintiff is located, the place where the defendant is located, the place where the contract is performed, the place where the contract is signed and the place where the subject matter is located. In order to facilitate their own litigation, some parties may agree on the jurisdiction of the court where one party has his domicile. In some cases, in order to prevent the other party from suing, it is agreed to be under the jurisdiction of the court where the defendant is located.
Thirteen. others
1. Special agreements or supplementary clauses: such as: timber inspection and quarantine, transportation certificate, several certificates of initiating explosive device, etc.
2. Delivery Agreement: Notices or other letters sent according to the requirements of this contract shall be written in Chinese and delivered by hand, fax or registered mail. The legal addresses of both parties shall be subject to the signature address.
All notices and other communications shall be deemed to have been duly delivered on the first date below:
1) If delivered by special person, the date of receipt;
2) If it is a fax, it is the time to return the confirmation;
3) If mailed, the mailing certificate shall prevail within five days from the date of mailing;
4) If it is sent by courier, it is 3 days after the voucher is sent by courier; How to prove the content of the email is the key to the email defect. Mailer confirmed the notarization service. You can also agree to serve a newspaper announcement.
If it is necessary to change the delivery place, one party will notify the other party in writing the day after the change, otherwise, the documents delivered by the other party at the above-mentioned confirmed place will be deemed to have been delivered regardless of whether they are received or not.
3. Number of copies of the contract and effective conditions: how many copies? Sign and seal to take effect? Or is it conditional? wait for
4. Other agreements: This contract is the complete agreement between both parties. All statements, negotiations, letters, promises, agreements, negotiations and contracts made by both parties or their agents on any matters or things applicable to or related to this Agreement, whether written or oral, are null and void.
Fourteen sign
It should include: full name, detailed address, postal code, legal representative, agent and contact telephone number of the unit; Opening bank and account number; Date of contract signing.
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