The purchase contract is between the enterprise (supplier) andSub supplierThe legal document of "supply and demand relationship" signed by both parties through negotiation and consensus shall be observed and performed by both parties of the contract, and shall be contacted by both partiescommon languageBasics.Both parties to the contract have their own economic purposes. The purchase contract isEconomic contract, both parties accept“Economic Contract Law”Protect and take responsibility.
Chinese name
Purchase contract
Foreign name
Purchase contract
Type
Legal documents
Meaning
Common language basis for communication between both parties
The purchase contract isbusiness affairsThe contents and terms of the contract documents shall generally include:
Full names of suppliers and sub suppliersLegal representative, as well as the telephone, telegram and telex of the communication between both parties;The name, model and specification of the purchased goods, as well as the quantity purchased;Price anddate of delivery；Delivery modeandPlace of delivery；quality requirementAnd acceptance methods, andNonconforming productsIf there is another quality agreement, please refer to "Quality Agreement" in the purchase contract;Liability for breach of contract.
1. The Seller must timely provide brand new equipment with perfect and undamaged packaging, complete spare parts, and in full compliance with relevant national quality standards.
2. Equipment acceptance includes: quantity, appearance quality, spare partsPacking listTechnical parameter data (Chinese), equipmentInstallation and commissioningIt works well.
3. Equipment shall be nailed withNameplate(including manufacturer, equipment name, model, specification, ex factory date, etc.) and attachedProduct quality inspectionConformity mark.
4、 Delivery and acceptance
1、Contract signingAfter that, the seller will deliver the goods free of charge to the buyer's user (name:??? Address:??? Telephone:???).
2. The Seller shall complete the installation and commissioning of equipment free of charge within 3 days after the arrival of the goods.
3. Equipment acceptance: the user shall accept the equipment according to the national standards or factory standards, confirm that the equipment is in good operation, and sign and seal on the acceptance report
4. If the equipment has quality problems, the Seller shall be responsible for free "three guarantees", 7 day return, 15 day replacement and no less than 1 year warranty.If each piece of equipment has three quality failures within one year, and the total quantity of similar equipment has more than 15% of quality failures within one year, it shall be replaced.
2. The Guangzhou Haizhu District Treasury Payment Center will pay for goods by transfer within 15 days.
6、 After sales service
1. The free on-site warranty service provided by the Seller shall be calculated from the date of signing the acceptance report.
2. If the equipment fails during the warranty period, which is a product quality problem, the Seller shall be responsible for the repair and no charge will be made;If it is caused by human factors, the Seller shall provide services, but shall chargeMaterial cost。
3. Fault repairresponse time：working hours8: The period from 00 to 18:00 is 4 hours, and the non working time is 16 hours (warranty telephone:? Address:?).
4、equipment failure It cannot be eliminated after 8 hours of maintenance, and the Seller shall24 hoursProvide equipment not lower than fault equipmentSpecification and modelGrade standby equipment is used until the fault is repaired.
1. If the Buyer rejects the equipment or refuses to pay for the equipment without proper reasons, it shall compensate the Seller with 5% of the total value of the paymentLiquidated damages。
2. If the buyer delays in paying for the equipment, it shall compensate the seller for 5% of the arrears.
3. If the type, model and specification of the equipment delivered by the Seller do not conform to the provisions of the Contract, the Buyer has the right to reject the equipment, and the Seller shall pay 5% of the total value of the payment for goods as liquidated damages.
4. If the Seller fails to deliver the equipment, it shall compensate the Buyer with 5% of the total value of the purchase price as liquidated damages.
5. SellerOverdue deliveryFor the equipment, 5% of the total payment for overdue delivery shall be compensated to the buyer.If the delivery is overdue for more than ten days, the Buyer has the right toTermination of Contract。
9、 Disputes and Arbitration
1. In case of any dispute over the quality of the equipment, Guangzhou Municipal Bureau of Technical Supervision or its designated quality appraisal unit shall conduct quality appraisal.If the equipment meets the quality standard, the appraisal fee shall be borne by the Buyer;If the equipment does not meet the quality standard, the appraisal fee shall be borne by the Seller.
2. Any dispute arising from this contract shall be settled by both parties through consultation, or may be brought to the people's court where the contract is signed.
10、 This Contracttriplicate, one copy for each of the Buyer and the Seller and the Haizhu District Government Procurement Center, which shall come into force as of the date of signature and seal by both parties.
seller:
buyer:
Address:
Address:
Legal representative:
Legal representative:
agent:
agent:
Telephone:
Telephone:
Fax:
Fax:
Postal Code:
Postal Code:
Deposit bank:
Deposit bank:
account number:
account number:
specific date
specific date
matters needing attention
Announce
edit
The following points should be noted when signing the purchase contract:
1、 Review the basic situation of the buyer and supplier
stayProcurement negotiationBefore the official start, the business license of the other party should be reviewed to understand its business scope, as well as the other party's capital, credit, business conditions, and whether its projects are legal.If there is a guarantor, the true identity of the guarantor should also be investigated.If the person signing the contract isBusiness personnelPlease check the formal written form issued by the legal person submitted by the other partyAuthorizationCertification to ensureLegitimacyandEffectiveness。Special attention should be paid to the separation of the subsidiary and the parent company in the foreign-related business negotiation. If negotiating with the subsidiary, not only the parent company'sCreditMore importantly, we should investigate the credit status of subsidiaries.Because the parent company is responsible for its subsidiariesjoint responsibility。
2、 Strictly review the main provisions of the purchase contract
When both parties reach an agreement on the main terms of the transaction, they enter into the contractSigning stage。Quantity, quality, payment for goods andTerm of performance, location, method, etc. must be strict and clear, otherwise it will cause immeasurable economic losses.Special attention shall be paid to:
（1） The standard of goods in the signed contract must be clearly specified.
When signing a contract, the names of the goods to be purchased and sold by both parties must be accurate and standardized.For purchased productsquality standardIt should be clearly agreed in the contract to avoid disputes caused by the quality of the delivered goods not meeting the standards of the intended procurement.
（2） The place of delivery shall be clear
When signing the contract, the place of delivery shall be indicated to ensure that the goods can be signed in time to avoid losing the goods, especially in cross-border procurement.
（3） The time of goods acceptance shall be clear
In order to prevent the purchased products from losing their originaluse valueThe purchase contract shall clearly stipulate the time of receipt by the purchaser after the goods arrive at the delivery place.
3、 The contract must specify the obligations and liabilities of both parties for breach of contract
