Introduction: What types of financial lease contracts do you know? The following is the relevant information, welcome to read and understand.
The financial lease contract is different due to different transaction forms. According to the rights and obligations between the parties in the transaction process, it can be mainly divided into the following basic types:
(1) A typical financial lease contract, that is, the buyer and seller of the sales contract related to the financial lease contract are the same person.
This is one of the most important forms of financial lease contract. According to the lessee's choice of the seller and the lease item, the lessor directly buys back the selected lease item from the seller and gives it to the lessee for use, and the lessee pays the rent. This contract form is favored by the parties because of its time-saving and simple procedures, and most financial leasing businesses in China adopt this contract form.
(2) sublease financing lease contract.
In this kind of contract, it is stipulated by special terms that the lessee shall enter into another financial lease contract with the third party, that is, the final lessee, as the lessor, and the lease items and lease term of this other contract are exactly the same as this contract. According to this contract, the lessee and the lessor go through the lease procedures, rent in the equipment, and then sublet it to the final lessee for use, in which both the lessee and the lessor are leasing companies. As the third party in the sublease transaction, the final lessee usually needs to pay higher rent than the general lessee. Therefore, this form of contract is generally only used when enterprises are in urgent need of foreign advanced technology that only rents and does not sell.
(3) leaseback financing lease contract, that is, the lessee of the contract and the seller of the relevant sales contract are the same person.
This contract form is generally adopted in the following two situations: (a) The enterprise is short of funds and needs some equipment urgently. At this point, the enterprise first invests in purchasing the required leased property from the manufacturer, resells it to the leasing company, and then rents it back from the leasing company for use; (b) The enterprise is short of funds, but has large equipment or production lines. At this time, the original large-scale equipment or production line of the enterprise can be sold to the leasing company first, and cash can be collected to solve the urgent need. At the same time, the company can continue to use the original equipment after the equipment is sold and the lease procedures are handled with the leasing company.
(4) sublease financial lease contract, that is, the seller of the related sales contract is also the lessee of another related financial lease contract, that is, the final lessee.
This contract form combines the characteristics of leaseback financial lease contract and sublease financial lease contract, that is, when the final lessee in sublease financial lease contract is the seller of the leased property, this contract becomes leaseback financial lease contract.
Contract number of financial lease contract:
Date of contract signing:
Contract signing place:
Lessor: (hereinafter referred to as Party A)
Legal address:
Postal code:
Legal representative:
Telegraph transmission:
Telephone message:
Bank of deposit:
Account number:
Chuan Zhen:
Lessee: (hereinafter referred to as Party B)
Legal address:
Postal code:
Legal representative:
Telegraph transmission:
Telephone message:
Bank of deposit:
Account number:
Chuan Zhen:
Article 1 Leased items
According to Party B's requirements and Party B's independent choice, Party A purchases the items (hereinafter referred to as leased items) recorded in Item (1) of the schedule for Party B, and Party B leases and uses the items from Party A..
Article 2 Term of lease
The lease term is recorded in Item (5) of the Schedule, and the lease start date is the date when Party B signs the bill of lading as stipulated in Paragraph 1 of Article 5 of this Contract or the date when Party A sends the bill of lading as stipulated in Paragraph 2 of Article 5 of this Contract.
Article 3 Rent
1. When Party A contributes to the purchase of the leased house for Party B, Party B shall pay the rent to Party A, and the time, place, currency and frequency of paying the rent shall be as specified in Item (9) of the attached table.
2. The rent mentioned in the preceding paragraph shall be calculated according to the estimated cost recorded in Item (7) of the Schedule (hereinafter referred to as the estimated cost). However, if the actual cost on the lease date is different from the estimated cost, the actual cost shall prevail and the rent shall be calculated accordingly.
3. The actual cost mentioned in the preceding paragraph refers to the total amount, expenses and interest paid by Party A in foreign exchange and RMB respectively from the date when Party A pays or actually bears the lease item to the lease date of the lease item (the interest is calculated in foreign currency (%)/annual interest rate and RMB%/annual interest rate).
4. According to paragraphs 2 and 3 of this article, when the actual cost is different from the estimated cost, Party A shall provide Party B with the calculation method of the actual cost of the leased property and the actual rental table, and inform Party B of the amount of the actual cost, which shall be subject to the actual cost, and modify schedules (8), (9), (10) and (165438). This adjustment does not belong to the change or modification of the contract. Regardless of whether the leased house is used or not, Party B shall pay the rent to Party A according to the date, amount and currency specified in the actual rent table.
5. The rental currency of this contract shall be selected by Party B and shall not be changed during the performance of this contract. If any profit or loss is caused to Party B due to exchange rate changes, Party B shall benefit or bear it.
Article 4 Purchase of Leased Property
1. Party B independently chooses the leased property and the seller according to its own needs by investigating the seller's credit standing. Party B has complete decision-making power over the name, specification, model, performance, quality, quantity, technical standard, service content, quality, technical guarantee, price terms and delivery time of the leased property, and directly negotiates with the seller, and Party B is fully responsible for its own decision-making and selection. Party A signs a purchase contract with the seller according to Party B's choice and requirements .. Party B agrees and confirms all the terms of the purchase contract recorded in Item (1) of the schedule, and signs the purchase contract.
2. Party B shall provide Party A with various approvals or permits deemed necessary by Party A..
3. Party A is responsible for raising the funds needed to purchase the leased house and handling all relevant import procedures according to the purchase contract.
4. The domestic expenses such as customs duties, value-added tax, new national tax and domestic freight that must be paid for the purchase of the leased property shall be borne by Party B, and shall be directly paid by Party B on time according to the regulations and requirements of relevant departments. Party A is not responsible for this.
Article 5 Delivery of Leased Property
1. The leased property shall be delivered to Party B by the seller or Party A (including its agent) at the delivery place in Item (3) of the Schedule. After receiving the bill of lading, Party A immediately telegraphed Party B to collect the bill of lading with the power of attorney, and Party B also issued a receipt for the leased property to Party A. After Party B signed the bill of lading, it was deemed that Party A had delivered the leased property to Party B. The date when Party B signed the bill of lading was the lease commencement date of this contract. Party B shall receive the goods at the delivery place with the bill of lading, and shall not refuse it for any reason.
2. If Party B fails to collect the bill of lading on the date notified by Party A or refuses to accept it, Party A shall send the bill of lading to Party B by registered mail, which means that Party A has delivered the leased property to Party B and Party B has delivered the receipt of the leased property to Party A. In this case, the date when Party A issues the bill of lading is the lease commencement date of this contract.
3. After the lease item arrives at the delivery place, Party A's transportation agent (foreign transportation company) or Party B shall go through the customs declaration and delivery procedures. Whether Party B receives the goods in time or not, Party B shall be responsible for keeping the leased goods after they arrive at the delivery place.
4. Party A shall not be responsible for the delay in transportation, unloading and customs declaration due to force majeure or government decrees and other reasons not attributable to Party A, or the delay in receiving the leased property by Party B, or the failure of Party B to receive the leased property.
5. After receiving the goods at the place of delivery, Party B shall conduct commodity inspection at the place and time specified in the purchase contract in accordance with relevant national regulations, and submit a copy of the commodity inspection report to Party A in time.
Article 6 Disposal of Defects in Leased Property
1. Since Party B enjoys the rights stipulated in Clause 1 of Article 4 of this contract, if the seller delays the delivery of the leased property, or the leased property provided does not conform to the contents stipulated in the purchase contract, or there are quality defects in the process of installation, commissioning, operation and quality assurance, etc. According to the provisions of the Purchase Contract, the seller of the Purchase Contract shall be responsible, Party A shall not be liable for compensation, and Party B shall not claim compensation from Party A. ..
2. The right of claim for delayed delivery and quality defects of the leased property belongs to the lessor, and the lessor may transfer part or all of the right of claim to the lessee, and the right of transfer shall be stipulated in the purchase contract.
3. The expenses and results of the claim shall be borne by the lessee.
Article 7 Storage, use and expenses of the leased property
1. During the lease term, Party B can make full use of the leased property.
2. Unless the written consent of Party A is obtained, Party B shall not move the leased property out of the installation site recorded in Item (4) of the Schedule, nor transfer it to a third party or allow others to use it.
3. Party B shall maintain the leased property well in peacetime, keep it in a normal state and give full play to its normal efficiency. Party B shall be responsible for the repair and maintenance of the leased premises and bear all its expenses. If it is necessary to replace parts, only the parts provided by the original manufacturer of the leased item can be used for replacement without the written consent of Party A..
4. If the leased property itself, its setting, storage and use cause damage to a third party, Party B shall be liable for compensation.
5. In violation of the provisions of Article 1 of this article, all expenses and taxes (including all taxes newly levied by the state) arising from the lease item itself and its installation, storage, use and delivery of rent shall be borne by Party B (except income tax payable for all profits of Party A).
Article 8 Loss and damage of the lease item
1. During the performance of this contract, the risk of loss and damage of the leased property shall be borne by Party B (except for normal wear and tear). If the leased property is lost or damaged, Party B shall immediately notify Party A, and Party A may choose one of the following methods, and Party B shall be responsible for handling it and bear all expenses:
(1) Restore or repair the leased property to a completely normal state.
(2) Replace the items with the same status and performance as the leased items.
2. If the leased property is lost or damaged beyond repair, Party B shall compensate Party A according to the specific loss amount recorded in the actual rental table.
3. According to the provisions of the preceding paragraph, when Party B pays the specified loss amount and any other payable amount to Party A, Party A will transfer the leased property (as it is) and the rights to the third party (if any) to Party B. ..
Article 9 Insurance
When the Leased Property arrives at the place specified in Item (4) of the Schedule, Party B shall insure the Leased Property in the name of Party A and keep it valid until the performance of this Contract is completed. The insured amount and currency shall be consistent with the loss amount and currency specified in this contract. The insurance expenses shall be borne by Party B. ..
When an insurance accident occurs, Party B shall immediately notify Party A and immediately submit all relevant necessary documents to Party A for the following purposes:
(1) as the payment for the expenses required in Item (1) or Item (2) of Article 8.
(2) Paragraph 2 of Article 8 and other payments that Party B shall pay to Party A. ..
Article 10 Lease deposit
1. Party B shall take the lease deposit recorded in Item (8) of the attached table as the guarantee for its performance of this contract and deliver it to Party A at the same time when signing this contract.
2. The lease deposit mentioned in the preceding paragraph does not generate interest, and it will be used as all or part of the rent according to the amount and date specified in the actual rent table.
3. If Party B violates any clause of this contract or in the case of Clause 1 5 of Article 12, Party A will deduct the amount payable by Party B to Party A from the lease deposit.
Article 11 Handling of breach of contract
1. If Party B fails to pay the rent or perform other obligations stipulated in this contract, Party A has the right to take the following measures:
(1) Require immediate payment of part or all of the rent and all payables.
(2) We will take back the leased house, and Party B will compensate Party A for all losses.
2. Although Party A has taken the measures mentioned in the preceding paragraph (1) and (2), it does not exempt Party B from other obligations under this contract.
3. Before the delivery of the leased house, Party B shall also be responsible for compensating all losses caused to Party A by Party B's violation of this contract.
4. When Party B fails to pay the due rent and other payments to Party A in accordance with the provisions of this contract, or fails to repay any fees paid by Party A on time, in addition to taking the measures mentioned in the preceding three paragraphs, Party A shall also pay the overdue fine at the interest rate recorded in the attached table (13), and the overdue fine will be deducted from the rent paid by Party B every time until Party B pays all the overdue fine and overdue fine to Party A. ..
5. If Party B closes down, closes down, merges or splits up, Party B shall immediately notify Party A and provide relevant supporting documents. If the contract cannot be performed due to the above circumstances, Party A has the right to take the measures specified in paragraph 1 of this article, and require Party B and the guarantor to be liable for the losses caused by Party A.. ..
During the lease period, the leased property does not fall within the scope of bankruptcy liquidation of the lessee.
Article 12 Transfer of Party A's Rights
During the performance of this contract, Party A may transfer all or part of the rights stipulated in this contract to a third party at any time without affecting Party B's use of the leased property, but it must notify Party B in time.
Article 13 Modification of the Contract
The modification of this contract and all annexes shall come into effect only after a written agreement is signed by Party A and Party B and the guarantor.
Article 14 Disposal of the Leased Property after the expiration of the lease term
After the lease expires and all obligations stipulated in this contract are fulfilled, Party B has the right to make the following choices on the leased property:
1. Return the leased property to Party A at its own expense and ensure that the leased property is in good condition except for normal wear and tear, or
2. Notify Party A in writing 30 days before the expiration of the lease term, and continue the lease according to the renewal rent and the loss amount specified in the schedule (10) and (12) (other conditions are the same as this contract), or
3. Party B shall pay the property right transfer fee of RMB to Party A, and Party A shall transfer the ownership of the leased house to Party B. ..
Article 15 Guarantee
The guarantor guarantees and is responsible for Party B's effective performance of the terms of this contract. If Party B fails to pay the rent and other funds payable to Party A in accordance with the provisions of this contract, the guarantor shall perform the guarantee responsibilities in accordance with the letter of guarantee issued by the guarantor under this contract.
Article 16 Settlement of disputes
All disputes related to this contract shall be settled through friendly negotiation. If negotiation fails, both parties to this contract shall bring a lawsuit to the people's court.
Article 17 Party B shall provide necessary information and materials.
Party B agrees to provide Party A with information and materials that can reflect the real situation of Party B's enterprise regularly or at any time according to Party A's requirements, including: Party B's balance sheet, Party B's income statement, Party B's statement of changes in financial status and other necessary detailed statements.
When Party A requests Party B to provide the above information and materials, Party B shall not refuse.
Article 18 Contracts, Schedules and Annexes
1. Annexes and numbers of this contract. The house purchase contract, the actual rent schedule, the actual cost calculation of the leased property, the letter of guarantee and the receipt of the leased property are all annexes to this contract, which have the same effect as this contract.
2. This contract shall come into effect after being signed and sealed by Party A, Party B and the guarantor. The original of this contract is in duplicate, with Party A, Party B and the guarantor holding one copy respectively.
Party A:
Legal representative:
Party B:
Legal representative:
Guarantor:
Legal representative (signature):
Address:
Bank of deposit:
Telephone message:
Postal code:
Chuan Zhen:
Account number:
attached table
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