Entrusting party: hereinafter referred to as Party A).
Processor: hereinafter referred to as Party B).
According to the relevant provisions of the "Party A and Party B" on Party A's entrustment of Party B to carry out steel structure processing and production, after friendly negotiation, reached an agreement and concluded this contract, and jointly complied with.
First, the processing method.
Party A provides construction drawings of steel structure engineering, and Party B contracts labor and material processing.
Second, the processing content.
The processing content involved in this contract is the processing and production of the steel structure in the construction drawings of the splendid logistics storage building project provided by Party A (including shot blasting and rust removal and brushing Hongdan anti-rust primer).
Third, the processing period.
The construction period shall be calculated from the date when Party B receives the first advance payment (or deposit) from Party A.
Fourth, the processing volume, unit price and total amount.
1. The above ** are all "Code for Acceptance of Water Engineering Construction Quality" (GB-50205- Party A provides a set of construction drawings, and signs and seals, and Party B must be processed and produced in strict accordance with the requirements of the drawings.
2. The processing volume listed in the above table is the provisional processing volume, which is calculated according to the decomposition diagram of the processing plant, the blanking list, and the 0% loss of the theoretical weight increase at the time of settlement. From the effective date of this contract, the unit price of the contract will not be changed due to changes in the market.
3. The "Total" item of the "amount" listed in the above table is the provisional total price.
4. The pricing method used in this contract is settled.
5. Transportation mode: the buyer picks up by itself, and the freight is at its own expense.
6. Settlement, Payment and Payment Methods.
1. After the contract is signed, 10,000 yuan is the deposit, and 10,000 yuan is the advance payment. Party B begins to organize production after receiving the full deposit and advance payment paid by Party A. If Party B does not receive the full deposit and advance payment paid by Party A within 3 days after the signing of this contract, this contract will be automatically terminated and the deposit paid by Party A will not be refunded.
2. In the process of Party B's production and production of steel structure, Party A shall pay for the goods, and the cumulative price of the goods delivered by Party A shall not exceed the amount of the actual payment paid by Party A (except for the deposit). Before Party A picks up the goods for the last time, the two parties will settle the settlement, and the payment shall be paid in full, and Party B's finance will arrange the delivery after receiving the full payment paid by Party A and confirming it.
3. If Party A finds that there is a quality problem during on-site installation, Party B shall be notified in time, and Party B must go to the site within 12 hours to deal with the problem.
7. Responsibilities of both parties, and responsibilities of Party A.
1. Party A shall provide Party B with a complete and detailed set of engineering construction drawings when the contract is signed.
2. Party A is responsible for picking up the goods, inspecting the goods, paying the payment and handling the settlement according to the time and method specified in this contract.
3. If there is a design change in the middle of the project involved in this contract, Party A shall notify Party B in writing 2 days before the implementation of the change, and the increase or decrease of materials caused by the change shall be settled according to the actual settlement. The semi-finished products produced before Party A's written notice shall be borne by Party A, and Party B shall be paid in accordance with the contract.
4. The construction drawings provided by Party A shall be submitted to Party B for review, and Party A must solve the errors in the drawings proposed by Party B within 12 hours after Party B submits them. Party A shall bear the corresponding responsibility for the delay caused by this.
May is the last deadline for Party A. If Party A fails to deliver all the goods within the time limit due to Party A's reasons, Party A shall pay the full amount within 7 days after the expiration of the deadline for delivery. Otherwise, when Party A picks up the goods, the market will be settled according to the price increaseThe market ***, follow below.
Responsibilities of Party B. 1. Party B undertakes the material procurement and processing of steel structure components within the scope of this contract. Party B shall strictly follow the technical requirements, quality, quantity, packaging and other specific requirements of the construction drawings provided by Party A for production and processing, and do a good job of self-inspection to ensure quality and progress. After processing, save the construction drawings provided by Party A.
2. Party B is responsible for the bundling and loading of finished components.
3. When Party B leaves the factory for steel components, it is necessary to provide the material certificate of the purchased steel, the inspection report of the product, the certificate of conformity and other technical information in quadruplicate (note: the flaw detection report with MA seal and the third-party material re-inspection fee are not included).
4. The first batch of components will be supplied for details, and the supply requirements will be detailed in Party A's written demand plan, and all steel components will be supplied before the date.
8. Quality acceptance.
1. Party A conducts quality re-inspection of steel components before leaving the factory. After passing the re-inspection, Party A shall be responsible for the product quality problems caused by transportation, and Party B shall be responsible for the product quality problems processed by Party B and shall be solved within 48 hours.
2. Quality objection period: If Party A finds that there is a quality problem after receiving the product, it should stop using it immediately and submit a written objection to Party B within 48 hours. After receiving Party A's written objection, Party B will send personnel to the site to inspect and negotiate with Party A to resolve it. If Party A fails to raise a written objection within the above time limit, or Party A does not raise a written objection within 1 month after receiving the goods, it shall be deemed that the quality of the goods provided by Party B is all qualified, and Party A shall not require Party B to bear any responsibility on the grounds of the quality of the goods.
3. Party A and Party B agree that if the quality of the goods provided by Party B is defective, Party B shall only be liable for the price loss of the defective product itself, and Party B shall not be liable for other direct or indirect losses caused by product quality defects.
9. Liability for breach of contract.
2. If Party B stops work, nests, reworks and scraps raw materials and components due to Party A's reasons, Party A shall be responsible for compensating Party B for the direct losses incurred thereby.
3. If Party B delays delivery without reason, it shall be responsible for compensating Party A for the actual losses caused thereby.
4. After the contract comes into effect, before the performance is completed, neither party shall break the contract or terminate the contract without authorization.
10. Confidentiality.
Either party shall be obliged to keep confidential the trade secrets of the other party in the process of signing and performing this contract, and shall not disclose them to a third party in any way. The confidentiality period shall be from the date on which the trade secret is known or should have been known to the other party and shall end on the date on which the other party discloses the trade secret.
Ten. 1. Other Agreements.
1. The legal representative and the person in charge involved in this contract shall be jointly and severally liable for the creditor's rights and debts under this contract.
2. Matters not covered in this contract shall be resolved through negotiation between the two parties and a supplementary agreement shall be signed, and the supplementary agreement shall have the same legal effect as this contract.
3. When the dispute between the two parties on this contract arises, it shall be resolved through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court where Party B is located.
4. This contract shall be signed and sealed by both parties and shall come into force after Party B receives the deposit from Party A, and shall be terminated naturally after the delivery of the components and the payment is paid.
5. This contract shall be executed in quadruplicate, two copies of each party, and shall have the same legal effect. (No text below).
Party A: Seal).
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Party B: YYYYYYYYYYYYYYYYYYYY
Party A: (Client).
Party B: (Contractor).
By agreement between Party A and Party B, this contract is to be concluded on the relevant contract processing matters, so that both parties hereby abide by it.
1. Product name and processing quantity. Name: Welded track plate. Quantity: 36 copies of additional work drawings, processed according to the number of drawings. The above products are entrusted by Party A to Party B to undertake processing.
2. Related matters:
1. Party A shall provide the raw materials of the corresponding products to the processing site designated by Party B. Party B shall process according to the requirements of the product drawings, and the quality of its products must meet the requirements of the technical documents.
2. Party A appoints a quality inspection representative to track the processing process of Party B and solve the problem in a timely manner. The cutting residue of Party B's processing process shall be determined by Party A**. The transportation cost of the product shall be borne by Party B, (Party A shall provide appropriate transport vehicles and drivers, and Party B shall bear the fuel consumption and handling matters).
3. Before the product leaves the factory, Party A shall appoint a representative to fully accept the product according to the requirements of the drawings, and the unqualified loss shall be borne by Party B.
4. The deformation degree after processing shall be corrected by Party B according to the requirements of the drawing.
3. Time requirements: After Party A provides raw materials, Party B completes the batch of product processing contracts within 30 days.
4. Processing costs: The overall processing cost of the project contract is 200,000 yuan, which shall be borne by Party A, and Party A and Party B shall not change it halfway.
5. Payment method: After Party B delivers the product, Party A pays a lump sum, and the remaining is used as a quality deposit to the final acceptance of the owner, Party A pays the balance in full within one month, and if Party A defaults, it will pay 2% of 39 to Party B on a daily basisPenalty.
6. Other matters: In the event of a dispute during the performance of this contract, Party A shall negotiate and settle the dispute, and if the two parties fail to reach an agreement, it may be submitted to an arbitration institution for resolution. Matters not covered in the contract may be supplemented by mutual negotiation between the two parties. This contract shall come into force on the date of signing by both parties in duplicate and shall be executed by both parties.
Party A: Side:
Time: YYYYYYYYYYYYYYYYYYYYY
Contractor: Legal representative:
Custom-made party: Legal representative:
The custom-made party entrusts the contractor to process After full negotiation between the two parties, this contract is hereby concluded in order to comply with it together.
Article 1 Processed finished products:
Article 2 Quality requirements for processed finished products:
Article 3 Raw material supply methods and specifications, quantity and quality:
1.If the work is completed with the contractor's raw materials, the contractor must select the raw materials in accordance with the contract and accept the inspection of the custom-made party. If the contractor conceals the defects of the raw materials or uses the raw materials that do not conform to the contract and affects the quality of the fixed crops, the contractor has the right to request rework, repair, reduction of the price or return of the goods.
2.If the work is completed with the raw materials of the custom-made party, the contract shall clearly stipulate the consumption quota of the raw materials. The custom-made party shall provide raw materials according to the time, quantity, quality and specifications specified in the contract. The contractor shall inspect the raw materials provided by the custom-made party in a timely manner according to the provisions of the contract, and if it does not meet the requirements, it shall immediately notify the custom-made party to exchange or make up. The contractor shall not replace the raw materials provided by the custom-made party without authorization, and shall not secretly replace the parts and components of the repaired items.
3.The calculation of the date of delivery (delivery) of raw materials and other items shall be carried out with reference to the provisions of Article 7.
Article 4 Technical data, drawings to provide methods:
1.During the work in accordance with the requirements of the contractor, if the contractor finds that the drawings or technical requirements provided are unreasonable, it shall notify the contractor in a timely mannerThe author shall reply within the prescribed time and propose amendments. If the contractor does not receive a reply within the specified time, it has the right to stop the work and notify the contractor in a timely manner, and the losses caused thereby shall be compensated by the contractor.
2.The contractor shall strictly abide by the confidentiality of the contracted work if the contractor requires confidentiality, and shall not retain technical data and reproductions without the permission of the contractor.
3.The custom-made party shall provide technical data, drawings, etc. on the specified date.
Article 5 Price or Remuneration:
The price or remuneration shall be implemented in accordance with the provisions of the state or the competent authority, and if there are no provisions, the parties shall agree on it.
Article 6 Acceptance Criteria and Methods:
1.In accordance with the quality requirements specified in the contract, drawings and samples are used as acceptance criteria.
2.The contractor shall accept the work completed by the contractor within the time limit specified in the contract. Before acceptance, the contractor shall submit the necessary technical information and relevant quality certificates to the contractor. For fixed crops or projects where it is difficult to find quality defects in short-term inspection, the two parties shall negotiate and stipulate the guarantee period in the contract. If there is a problem within the warranty period, the contractor shall be responsible for repairing or returning the problem, except for the quality problem caused by improper use or storage by the customizing party.
3.In the event of a dispute between the parties on the quality of the contracted crops and the quality of the project, the statutory quality supervision and inspection agency may provide the inspection certificate.
Article 7 Time and place of delivery (pick-up):
1.The deadline for delivery (submission) of crops shall be fulfilled in accordance with the provisions of the contract. If either party requests to deliver (propose) the crops in advance or postponed, it shall reach an agreement with the other party in advance and implement it in accordance with the agreement.
2.Calculation of the date of delivery (delivery) of the fixed crop: if the contractor provides its own means of transport to deliver the fixed crop, the date of receipt of the stamp by the contractor shall prevail;If the transportation department is entrusted to transport, the date of the stamp issued by the carrier department when the fixed crop is shipped shall prevail;In the case of self-pick-up of the fixed crop, the date of withdrawal notified by the contractor shall prevail, but the contractor must leave the necessary transit time for the custom-made party in issuing the notice of picking up the fixed cropIf the two parties agree otherwise, it shall be calculated in accordance with the agreed method.
Article 8 Packaging requirements and cost burden:
Article 9 Transportation Methods and Cost Burden:
Article 10 Settlement method and deadline:
Article 11 Miscellaneous:
1.According to the relevant provisions of the state, the contractor can pay the deposit to the contractor. The amount of the deposit shall be determined by the parties through negotiation. If the party does not perform the contract, it has no right to request the return of the deposit. If the contractor fails to perform the contract, it shall return double the deposit.
2.According to the relevant provisions of the state, the contractor can pay the advance payment to the contractor by the agreement of both parties. If the contractor fails to perform the contract, in addition to the liability for breach of contract, the advance payment must be returned in full. If the party fails to perform the contract, the advance payment may be used as liquidated damages and compensationIf there is a balance, you can request a refund.
Article 12 Liability for breach of contract of the contractor:
1. If the quality of the contract is not delivered or the work is completed, and the custom-made party agrees to use it, the price shall be based on the qualityIf they do not agree to use, they shall be responsible for repairing or replacing it, and bear the responsibility for late delivery;If it still does not meet the provisions of the contract after repair or replacement, the contractor has the right to refuse to accept it, and the loss caused by it shall be compensated by the contractor.
2. If the quantity of the delivered crops or completed work is less than the provisions of the contract, and the order party still needs it, it shall be made up according to the number, and the supplementary part shall be treated as overdue delivery;If the underpaid part is no longer needed, the contractor has the right to terminate the contract, and the losses caused thereby shall be compensated by the contractor.
3. If the crops are not packaged according to the contract and need to be repaired or repackaged, they shall be responsible for repairing or repackaging and bear the costs paid thereby. If the contractor does not request repair or repackaging and claims compensation for losses, the contractor shall reimburse the contractor for the part of the value of the unqualified packaging that is lower than the value of the qualified packaging. If the specified crop is damaged or lost due to non-compliance with the packaging regulations, the contractor shall compensate for the loss.
4. If the delivery of the fixed crop is overdue, the liquidated damages shall be paid to the custom-made party(If there is no specific provision in the contract, the liquidated damages shall be paid to the custom-made party according to the total price of the overdue part calculated according to the provisions of the People's Bank of China on deferred payment). Without the consent of the custom-made party, if the fixed crop is delivered in advance, the custom-made party has the right to refuse to accept it.
5. If the fixed crop cannot be delivered or the work cannot be completed, the liquidated damages shall be paid 10%-30% of the total value of the part of the price that cannot be delivered or the work cannot be completed) or 20%-60% of the total remuneration.
6. If the fixed crops delivered in other places do not meet the provisions of the contract, and are temporarily kept by the custom maker, the storage and maintenance fees actually paid by the custom maker shall be reimbursed.
7. In addition to being responsible for transporting to the designated place or receiving unit (person) in accordance with the provisions of the contract, the fixed crops that are transported or delivered on behalf of the delivery or delivery are wrongly sent to the designated place or receiving unit (person), and bear the responsibility for overpaid transportation and miscellaneous expenses and overdue delivery of the fixed crops.
8. If the raw materials, equipment, packaging and other items provided by the custom-made party are damaged or lost due to improper storage, the loss caused by the custom-made party shall be compensated.
9. If the raw materials provided by the contractor are not inspected according to the methods and deadlines specified in the contract, or the raw materials are found to be non-compliant and the contractor is not notified to replace or make up for them within the time limit specified in the contract, the contractor shall be responsible for the quality and quantity of the work.
10. If the raw materials or parts of the repairs provided by the contractor are exchanged without authorization, the contractor has the right to refuse to accept them, and the contractor shall compensate the contractor for the losses caused thereby. If the custom-made party requires rework or re-repair, it shall handle it according to the requirements of the custom-made party and bear the responsibility for overdue delivery.
Article 13 Liability for breach of contract of the custom-made party:
1. If the quantity, specification, quality or design of the specified crop is changed in the middle of the process, the contractor shall be compensated for the losses caused thereby.
2. If the contract is terminated in the middle of the contract, if the contractor provides raw materials, the contractor shall be reimbursed for liquidated damages of 10%-30% of the total value of the unfulfilled part of the priceIf the raw materials are not provided by the contractor, the contractor shall be reimbursed for liquidated damages in the range of 20%-60% of the total amount of the unfulfilled part of the remuneration.
3. If the contractor fails to provide raw materials, technical information, packaging, etc. to the contractor according to the time and requirements specified in the contract or fails to complete the necessary auxiliary work and preparatory work, the contractor has the right to terminate the contract, and the contractor shall compensate the contractor for the losses caused therebyIf the contractor does not request to terminate the contract, in addition to the date of delivery of the fixed crop can be postponed, the contractor shall compensate the contractor for the loss of stopping work and waiting for materials.
4. If the fixed crop is received beyond the time limit specified in the contract, in addition to paying the liquidated damages in accordance with the provisions of the fifth paragraph of this article, it shall also bear the storage and maintenance fees actually paid by the contractor. If the contractor does not receive the fixed crop for six months beyond the collection period, the contractor has the right to sell the fixed crop, and the proceeds will be returned to the given party after deducting remuneration, storage and maintenance feesWhen the proceeds from the sale of the fixed crop are less than the remuneration, storage and maintenance costs, the maker shall also compensate for the shortfall;If the fixed crop cannot be sold, the contractor shall be compensated for the loss.
5. If the payment exceeds the date specified in the contract, the contractor shall be reimbursed for liquidated damages in accordance with the provisions of the People's Bank of China on deferred paymentIn the case of gratuities, liquidated damages shall be paid at the rate of 1/1000 of the total amount of gratuities for each day of overdue.
6. If the contractor refuses to accept the fixed crop without reason, the contractor shall be compensated for the losses caused by this and the fine imposed by the transportation department.
7. Change the delivery location or receiving unit (person) of the fixed crop, and bear the additional expenses incurred as a result.
Article 14 Force Majeure.
Within the performance period specified in the contract, if the fixed crops or raw materials are damaged or lost due to force majeure, the contractor may be exempted from the liability for breach of contract after obtaining legal certificates, but shall take positive measures to minimize the losses, and shall not be exempted from liability if it occurs outside the performance period specified in the contract;If it occurs during the period of delay in acceptance or unreasonable refusal by the contractor, the contractor shall bear the responsibility and compensate the contractor for the losses caused thereby.
Article 15 Settlement of Disputes:
In the event of a dispute over a processing contract, the parties shall resolve it through negotiationIf the negotiation fails, either party may apply to the contract management authority for mediation or arbitration, or may directly file a lawsuit with the people's court.
Article 16 This contract shall come into force on xx-xx-xx and shall become invalid upon completion of the performance of the contract. During the execution of this contract, both parties shall not change or terminate the contract at will, and if there are any unfinished matters in the contract, the two parties shall jointly negotiate and make supplementary provisions, which shall have the same effect as this contract. The original of this contract shall be in duplicate, and the contractor shall each hold one copy;A copy of the contract, if submitted with a visa or notarization, should be sent to the visa authority or notary public for retention.
Custom-made party (seal): Contractor (seal):
Representative (Signed): Representative (Signed):
Address: Address:
Bank: Bank:
Account Number: Account Number:
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