What Is a Vendor Contract?
A purchase and sale contract refers to an agreement in which one party transfers ownership or management rights of the goods to the other party and the other party pays the price. The purchase and sale contract includes forms of supply, purchase, pre-purchase, combination of purchase and sale, collaboration, and adjustment. A supply contract is a contract signed between organizations to implement a nation's material distribution plan. A purchase contract is a contract concluded by a commercial, industrial, or other economic organization for the purpose of producing or operating, purchasing raw materials or products. The pre-purchase contract stipulates a contract to be performed in the future. A combined purchase and sale contract is a contract that sells certain goods to the other party while buying the other party's goods. A collaboration contract is a contract in which the two parties exchange materials for their own needs. The transfer contract is a contract concluded between the two parties. The purchase and sale contract transfers the ownership or management rights of the subject matter, which is a dual service, paid, promised contract, and the supply contract must be signed according to the state plan. The main terms of the contract include the name of the goods, quantity, quality and packaging quality, price, delivery deadline, liability for breach, etc. [1]
Purchase and sale contract
- A purchase and sale contract refers to an agreement in which one party transfers ownership or management rights of the goods to the other party and the other party pays the price. The purchase and sale contract includes forms of supply, purchase, pre-purchase, combination of purchase and sale, collaboration, and adjustment. A supply contract is a contract signed between organizations to implement a nation's material distribution plan. A purchase contract is a contract concluded by a commercial, industrial, or other economic organization for the purpose of producing or operating, purchasing raw materials or products. The pre-purchase contract stipulates a contract to be performed in the future. A combined purchase and sale contract is a contract that sells certain goods to the other party while buying the other party's goods. A collaboration contract is a contract in which the two parties exchange materials for their own needs. The transfer contract is a contract concluded between the two parties. The purchase and sale contract transfers the ownership or management rights of the subject matter, which is a dual service, paid, promised contract, and the supply contract must be signed according to the state plan. The main terms of the contract include the name of the goods,
- Purchase unit: _________, hereinafter referred to as Party A;
- Delivery unit: _________, hereinafter referred to as Party B.
- After full negotiation between Party A and Party B, this contract is hereby concluded for mutual compliance.
- Article 1 Product Name, Variety, Specification and Quality
- Article 2 Quantity, measurement unit and measurement method of products
- 1. Product Model: _______ Quantity: ______ Amount: ______.
- 2. Product Model: _______ Quantity: ______ Amount: ______.
- Article 3 Settlement of product price and payment
- 1. Settlement of product payment: Settlement of product payment, actual payment of miscellaneous charges and other costs, according to
- The purchase and sale contract is a variation of the sale and purchase contract, which is basically consistent with the requirements of the sale and purchase contract. Mainly refers to the agreement between the supplier (seller) and the demander (buyer) according to the consensus, the supplier delivers a product to the demander, and the demander accepts the product and pays the price as required. What should be paid attention to when signing a subscription contract?
- I. Product name, trademark, specification model, manufacturer, unit of measure, quantity, unit price, amount, delivery time and quantity, etc.
- 1. Fill in the name correctly. Do not write custom names or self-names.
- 2. For products using brands and trademarks, the brand, trademark and manufacturer should be specified.
- 3. For the specifications, please refer to the corresponding material catalog and equipment catalog.
- 4. The product quantity and measurement method shall be implemented according to the measurement method prescribed by the state or the competent authority; if there is no stipulation, the measurement method shall be agreed upon by both parties.
- 5. The price and amount shall be negotiated and negotiated by the parties, except that the state stipulates that national pricing must be implemented. In the case of national pricing, when the national price is adjusted within the delivery period stipulated in the contract, the price shall be calculated at the time of delivery. In the case of overdue delivery, when the price rises, the original price will be applied; when the price drops, the new price will be applied. If the loan is overdue or the payment is overdue, the new price will be applied when the price increases; the original price will be applied when the price decreases;
- 6. The delivery period can be agreed in the contract. Generally speaking, the delivery date shall be subject to Party B's notice of the delivery date (Party A shall be given the necessary time), and the consignment shall be based on the delivery date of the carrier and the delivery destination shall prevail.
- 7, can be agreed to deliver in batches.
- Second, the quality and technical standards, the conditions and duration of the supplier's responsibility for quality
- If there is a national compulsory standard or an industry compulsory standard, it must not be signed below the national compulsory standard or an industry compulsory standard; if there is no national compulsory standard or industry compulsory standard, the two parties shall sign it through consultation. The supplier must be responsible for the quality of the product and the quality of the packaging, and provide the necessary technical information or actual samples for acceptance. The methods of product quality acceptance and quarantine shall be implemented in accordance with the relevant regulations approved by the State Council. If there is no stipulation, it shall be determined through consultation between the parties.
- Standards include national standards GB, ministerial standards, and enterprise standards QB. If you want to fill in, you must have the standard code, number and standard name. For general purchase and sales contracts, most are generally agreed upon as national standards. If there are special requirements for a specific product or product quality, it must be specifically agreed on which standard or agreed conditions, samples (commonly sealed samples, separately stored), and supplementary technical requirements.
- The supplier shall agree on the period of quality assurance for the products it provides. During the warranty period, if any quality problem is discovered, it shall bear the liability for breach of contract, but exclude the abnormal use caused by the purchaser.
- Third, delivery, delivery location, method
- 1,
- The benefits of format terms are simplicity, time saving, convenience, and reduced transaction costs. However, the disadvantage is that the party that provides the goods or services often takes advantage of its position to formulate terms that are good for itself but not for the other. Therefore, the contract law regulates the format clauses from the following three aspects, starting from maintaining fair competition and protecting the interests of the weak.
- (1) Provide format clauses When drafting contract terms and entering into a contract, one party should follow the principle of fairness to determine the rights and obligations of both parties. They cannot use their advantages to formulate unfair terms to bully the other party. At the same time, the party that provided the format clauses should take reasonable measures to draw the other party's attention to the clauses for exemption or limitation of liability, and explain such clauses in accordance with the other party's requirements.
- (2) It is stipulated in the contract that the clauses exempting the party from the main obligation to provide format clauses and excluding the main rights of the other party are invalid; if there are circumstances specified in Articles 52 and 53 of the Contract Law, the clauses are invalid.
- (3) If there is a dispute over the interpretation of the format clauses, if there are more than two interpretations, an explanation that is disadvantageous to the party providing the format clauses shall be made from the perspective of protecting the weak; if the format clauses are inconsistent with the non-format clauses, the non-format clauses shall be adopted. Non-formal clauses are generally agreed terms in addition to the format clauses, or clauses renegotiated and modified from the original format clauses. They are special agreements of the parties. If they are inconsistent with the format clauses, the non-format clauses are of course adopted.
- Bilingual sales contract
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