Sample Of Purchase Contract

1. contract introduction

1.1 Party A (purchaser)

Name of Party A

Mailing address

Contacts

Telephone, fax

E-Mail

1.2 Party B (Supplier)

Name of Party B

Mailing address

Contacts

Telephone, fax

E-Mail

1.3 contract purpose

Tip: explain a party to Party B purchase what goods, after consultation by the two sides to determine this procurement contract.

2. terminology and key words explanation

Terminology and keywords

explain

Goods

It refers to all software, hardware and related technical information supplied by the supplier to the purchaser according to the contract requirements.

service

According to the contract, the supplier is responsible for the ancillary services related to the supply, such as pportation, insurance and other accompanying services, such as installation, commissioning, technical assistance, training, etc.

3. description of purchases

3.1 procurement of goods and instructions

3.2 technical specifications and quality requirements

4. contract price and payment method

4.1 the total price of this contract is (RMB uppercase):

4.2 advance payment.

Party A shall, within 15 days from the date of signing the contract, pay 20% of the total contract price of the contract, that is, RMB (yuan), and pay it to Party B as an advance payment.

After receipt of the above money, Party B will confirm by fax to Party A.

If Party A fails to pay the advance payment on time, the delivery date will be postponed accordingly.

4.3 payment.

Party B delivers the relevant pport bills of lading or B / L, commercial invoice, packing list and quality certificate in a reliable manner to Party A in accordance with the stipulations of the contract.

Party A will pay 40% of the total contract price, that is, RMB (yuan), within 15 days from the date of receipt of the above documents.

After receipt of the above money, Party B will confirm by fax to Party A.

4.4 collection.

After purchasing the goods through Party A's acceptance, Party A will pay 40% of the total contract price, that is, RMB (yuan), within 15 days as the acceptance payment to Party B.

After receipt of the above money, Party B will confirm by fax to Party A.

4.5 Party A and Party B shall inform each other of the account bank, account name and account number in writing.

If an account bank, account name or account number is changed, the change party shall notify the other party in writing within twenty days before the relevant payment period stipulated in the contract. If there is no notice in time or incorrectly, it will affect the settlement operator's liability for late payment.

5. delivery and delivery methods

5.1 Party B shall deliver all the goods purchased by Party A to the designated place within 30 days from the date of signing the contract.

Place of delivery:

5.2 Party B shall deliver the delivery plan to Party A by telephone or fax within 7 days before delivery, including contract number, name of equipment, type and specification, quantity, weight and volume, delivery time, location and pportation arrangement.

Party A should be ready in time to complete all the pick-up procedures and deliver the goods within forty-eight hours after the arrival of the goods.

5.3 Party A's goods delivered to Party B shall be properly received and stored in accordance with the environmental conditions stored in the equipment.

Party A shall be responsible for the proper custody of the goods which are frequently mistakenly or frequently issued by Party B, and promptly notify Party B to investigate and deal with them. The expenses incurred therefrom shall be borne by Party B.

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5.4 when all articles of this contract are delivered to Party A, representatives from both sides will participate in the open inspection.

If the outer packing of the equipment is intact, the shortage or damage of the equipment found in the box shall be filled or repaired by Party B, and the related expenses shall be borne by Party B.

6. installation, commissioning and acceptance

6.1 Party B dispatched technicians to complete the installation and commissioning of the "purchase items" according to the schedule stipulated in the contract, and to carry out technical guidance to party a personnel, so as to ensure that the "purchased items" reach the predetermined performance targets.

6.2 in the process of installation and commissioning, Party A shall provide all kinds of matching conditions and competent technicians and auxiliaries, and cooperate with Party B for installation, commissioning and other auxiliary work under the guidance of Party B technicians.

6.3 after the installation and commissioning of Party B, Party A organizes the acceptance test of the purchased items, and records the acceptance tests in the inspection report of purchased articles.

If Party A finds defects in the purchase items, the two parties shall give appropriate treatment according to the seriousness of the problem.

(1) if there are serious defects in the purchased goods, it will be returned to Party B.

Party B shall give correction of defects and the second time for consultation.

Party B shall compensate the loss caused by Party A.

(2) if there are some minor defects in the purchased goods, Party B shall give the measures to correct the defects, and whether the parties need second checks and acceptance.

6.3 when all purchased items are approved by Party A, the responsible parties will sign and confirm the purchase and deliver the goods to Party A formally.

After that, Party A will pay the inspection fee (see contract terms 4.3) to Party B.

7. quality assurance and maintenance

7.1 Party B guarantees that the "procurement items" provided to Party A are brand new, advanced in technology, good in quality, stable and reliable in performance, and intact in quantity.

7.2 Party B undertakes the quality guarantee period: the purchase of the goods will be guaranteed for six months from the date of acceptance.

This warranty does not include consequences arising from improper operation or repair by Party A.

7.3 during the warranty period, Party B is responsible for the maintenance or repair of the hardware, software and system provided by it, without any charge.

After the end of the warranty period, Party B is still responsible for the maintenance or repair of the equipment sold, and the material cost incurred will be borne by Party A.

Once the warranty period is completed, Party A will guarantee the provision of the corresponding services once Party A's request for upgrading and pformation. The cost shall be borne by Party A.

7.4 if the quality problems arise during the warranty period, Party B will respond within 24 hours after receiving Party A's maintenance request. If there are serious technical problems, it is necessary to maintain on-site. Party B should arrive at Party A within 24 hours (with the permission of traffic).

8. breach of contract and compensation

Related contract templates

Office furniture procurement contract. Fruit (Apple) procurement contract. Grain bidding contract.

Agricultural and sideline products procurement. Tea procurement contract. Food procurement contract.

Government procurement contract, building materials procurement contract, timber purchase (order) contract.

8.1 Party A's breach of contract:

(1) if Party A fails to pay the money on time in accordance with the fourth provision of this contract, the liquidated damages shall be paid to Party B 3/10000 of the total value of the overdue payment from the next day of the latest payment date.

The default amount is limited to five percent of the total value of the overdue payment.

(2) if the equipment installation is postponed due to the reason of Party A, Party A shall be responsible for all expenses of Party B's technical personnel at the place of installation.

8.2 Party B shall deal with breach of contract:

If Party B fails to deliver the goods in accordance with the stipulate of this contract, Party B shall pay Party A a penalty of 3/10000 of the amount of the late delivery part of the goods from the next day after the latest delivery date.

The default amount is limited to five percent of the total value of the overdue part of the equipment pferred.

9. confidentiality

9.1 Party A shall take confidential measures and strictly guard business secrets and technical secrets such as technical data, information, computer software, know-how, design plan and other trade secrets and technical secrets that Party B provides to Party A.

9.2 Party A shall not disclose any confidential information of Party B to any other party except for Party B's technical and commercial secrets and technical know-how in order to maintain the operation related equipment, and shall not pfer, exchange or divulge any of the above commercial secrets and technical secrets to any third party or publish the above "technical information" without authorization. If Party B violates the provisions of this article, Party A shall bear legal liability and compensate the direct and possible economic losses arising therefrom.

9.3 Party A's duration of confidentiality is from the date when the contract comes into effect to the year after the termination of the contract (agreed by the two parties).

10. force majeure

10.1 force majeure means that events that are unforeseeable and prevented or avoided by the occurrence and consequences of the contract, such as earthquakes, typhoons, floods, fires, wars, etc., directly affect the performance of the contract or fail to meet the agreed conditions.

10.2 the force majeure party shall immediately notify the other party and, within fifteen days, provide the details of the force majeure and deliver the relevant supporting documents to the other party.

10.3 when an event of force majeure occurs, Party A and Party B should consult to find a reasonable solution and make every effort to mitigate the consequences of force majeure.

10.4 if a force majeure event lasts for thirty days, both parties shall settle the question of whether the contract will continue to be fulfilled or terminated by friendly negotiation.

11. contract entry into force and termination

11.1 the date of signature of the authorized representatives of both parties hereto is the date of entry into force of this contract.

If the date of signature is inconsistent, the date of signing of the last signatory shall be the date of entry into force of the contract.

11.2 the expiration date of the final guarantee period of the "purchase goods" of this contract is the date of termination of this contract.

However, confidentiality clauses, dispute settlement and unexpired claims and debts are not affected by the expiration of the contract, and the contract holder has the right to lodge claims.

12. dispute resolution

12.1 the validity, performance and all matters relating to the validity of this contract and its amendments shall be governed by the laws of the People's Republic of China, and any dispute shall apply only to the laws of the People's Republic of China.

12.2 when a dispute arises between Party A and Party B on the interpretation or performance of the contract, the dispute shall first be resolved through friendly negotiation, which shall be settled within thirty days.

12.3 if no settlement can be reached through negotiation, any party to the contract may submit the dispute to the local arbitration commission for arbitration in accordance with the arbitration rules of the Commission.

The arbitration decision shall be binding upon both parties.

12.4 during the arbitration of disputes, Party A and Party B shall continue to perform their respective obligations and exercise their rights in addition to the dispute.

13. contract confirmation

This contract is made in duplicate, and each party shall hold the contract and take effect from the date of the authorized representatives of the parties.

Party A Party B

Signature and signature

Date and date