Payment Contract 1 Yanchuan County Transportation Bureau:
Our unit undertakes the fifth bid section of Yanchuan County Tourism Road Network Reconstruction Project (Tuhui Road Contract Amount 2 1.9 million yuan), the first bid section of Yanchuan County Tourism Road Network Reconstruction Project (Fu Xiao Road Contract Amount 40 1.0 million yuan), and the eighth bid section of Tongchuan County Tongcun Highway (Yan Ma Road Contract Amount 4 1.4 million yuan), and the remaining three. Up to now, your company has paid our company a total of 9 million yuan, and you still owe 4.24 million yuan. Our company has paid 654.38+500,000 yuan for this project. At present, our company still owes about 2.5 million yuan for labor and machinery to its subordinate construction teams. Due to the long delay and the urgent need for students to register in schools, we urge your company to pay me as soon as possible.
Shaanxi construction engineering machinery construction group co., ltd
Yanchuan county road engineering projects department
20xx August 13
The second case of payment contract
In the case of the dispute over the sales contract between the plaintiff Zhang and the defendant Xu, the defendant Xu was originally informed that he needed to buy cement from the plaintiff for the construction of the immigrant house, and both parties agreed to deliver the cement to the defendant first, and then pay it to the plaintiff after the first floor project payment was completed. Until the main project was completed, the defendant still failed to pay the plaintiff. 20xx 165438+ 10/8. After settlement by both parties, the defendant still owed the plaintiff 2 1000 yuan, and the defendant issued an IOU to the plaintiff for acceptance. Repeated urging by the plaintiff failed. Now, the court is requested to ask the defendant to pay the plaintiff 2 1 0,000 yuan for the goods and 1 for the overdue payment (from 20xx1/to the date of payment, calculated at the benchmark interest rate of the People's Bank of China for the same period); The legal costs of this case shall be borne by the defendant.
submit to trial
The qingtian county People's Court held through trial that a sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. The sales contract between the plaintiff Zhang and the defendant Xu is agreed by both parties, and its meaning is true, and its content does not violate the prohibitive provisions of laws and regulations, so it should be considered as legal and valid. After receiving the plaintiff's cement, the defendant shall pay the price as agreed. 20xx 165438+ 10/8 After settlement by both parties, the defendant still owes the plaintiff 2 1000 yuan, and on this basis, an IOU is issued, and the defendant pays the goods according to the settlement amount. After repeated reminders from the plaintiff, the defendant still failed to pay, which is obviously a breach of contract and should bear corresponding civil liability. Therefore, the plaintiff's claim for the defendant to pay the payment of 2 1 10,000 yuan and the interest on overdue payment should be supported according to law. Therefore, according to the law, the judgment is as follows: the defendant Xu paid the plaintiff Zhang Yongling 2 1 000 yuan for the goods and the overdue payment interest (from 20xx 1 1.08 to the date of payment, calculated at the benchmark loan interest rate of the People's Bank of China for the same period) within 10 days after this judgment came into effect.
divergence
The facts of this case are clear and uncontroversial at first glance, but after careful consideration, whether the plaintiff can claim the interest on overdue payment, and if so, how to calculate it is still worth discussing.
Comment and analysis
The first view is that the plaintiff Zhang cannot claim interest on overdue payment. Due to the dispute between the original and the defendant based on the sales contract, the defendant Xu's overdue payment of the goods was a breach of contract, but both parties failed to reach an agreement on the terms of liquidated damages. Since the implementation of the Contract Law on June 1999 10 1, there is no statutory liquidated damages in the sales contract in Chapter 9 of the Specific Provisions of this Law, so the application of liquidated damages can only be based on the agreement of the parties. If the parties have not agreed on liquidated damages for overdue payment, the legal liability for payment of liquidated damages shall not apply, and the defaulting party for overdue payment shall be judged or mediated to pay liquidated damages.
The second view is that Zhang, the plaintiff, can claim the interest on overdue payment, and the interest is calculated according to the benchmark interest rate of the People's Bank of China for the same period from1October 20xx 165438+20xx to the beginning of the performance period determined by the judgment. 1. The original defendant and the defendant had a dispute over the sales contract. Although both parties have not breached the contract due to overdue payment, the concept of overdue payment interest is between interest loss and overdue payment penalty, which is similar in nature to overdue payment penalty. When signing a contract, the parties agreed to pay the corresponding arrears interest to the other party when one party breaches the contract, or pay the interest at the relevant interest rate according to relevant laws and regulations, that is, pay the liquidated damages for overdue payment by paying interest, so it is called.
The terms of relevant liquidated damages were determined, but both parties settled the payment on 20xx1October 65438+10/October 65438 +08, and the defendant issued an iou to the plaintiff for acceptance. At this time, the defendant has clearly owed the plaintiff 2 1 10,000 yuan. According to Article 107 of the Contract Law: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses"; Article 112 stipulates: "If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses". In addition to continuing to perform the contract, the defendant Xu also needs to compensate for the interest loss of relevant funds during the overdue payment, because the interest loss of overdue payment is obvious. 2. Regarding the calculation standard of liquidated damages, according to1February 6, 1999, the Supreme People's Court's Reply on what standard should be used to calculate liquidated damages for overdue payment (Fa Shi [1999] No.8, referred to as "Reply"), the interest on overdue payment can be calculated with reference to the standard of loans overdue interest collection of financial institutions stipulated by the People's Bank of China. 3. The parties to this case have not agreed on the time of payment, nor have they reached a supplementary agreement. According to the trading habit, the defendant Xu should pay immediately after the settlement between the two parties, but the defendant Xu didn't pay until the plaintiff Zhang appealed to the court, which was obviously a breach of contract for late payment, and it was counted as a breach of contract from the date of settlement between the two parties, that is, 1 18. 4. Because the plaintiff sued the court according to law, it means that the court is willing to identify the disputed facts of both parties and obey the court's ruling on the disputes between the two parties. Once the court finds that there is a breach of contract in accordance with the law after trial, and determines the time limit and way for the defendant to perform the contractual obligations in the judgment, it means that the defendant should bear the responsibility for breach of contract and fulfill the obligation to pay the interest on overdue payment, while the plaintiff agrees to accept the defendant to perform the payment obligation in the way determined in the judgment. Therefore, the defendant should bear the liability for breach of contract before the judgment is made, and pay it to the start date of the performance period determined by the judgment. After that, the defendant fulfilled the payment obligation within the time limit stipulated in the judgment, which was recognized by both the people's court and the plaintiff. It cannot be called breach of contract, so the interest on overdue payment should not be calculated accordingly. As for the behavior of the obligor who still fails to perform the payment obligation after the expiration of the performance period, he shall bear the obligation of refusing to perform the judgment or ruling of the court, and shall not be liable for breach of contract, nor shall interest on overdue payment be calculated. Therefore, the interest on overdue payment shall be calculated from the date when the payment is due and unpaid to the date when the performance period is determined by the judgment.
The third view is that the plaintiff can claim the interest on overdue payment, but the interest will be calculated according to the benchmark loan interest rate of China People's Bank of China at the same period of 20xx 1 1.08 until the date of payment. The defendant should bear the liability for breach of contract before the judgment is made, and it is understandable to pay it before the performance period determined by the judgment begins. After that, the defendant fulfilled the payment obligation within the time limit stipulated in the judgment, which was recognized by both the people's court and the plaintiff. This is a grace period for the plaintiff to accept the judgment of the court, but it does not mean that the plaintiff gave up the relevant interests, and it does not mean that the defendant Xu was exempted from the liability for breach of contract for overdue payment. As long as there is a breach of contract for overdue payment, the interest on overdue payment shall be calculated and paid to the date of payment.
The author agrees with the third view. In this case, the defendant Xu defaulted on the payment until he paid off the payment, so he should pay the interest on the overdue payment until the date of payment. There is also a question of how to express it. Some judges expressed it as "until the date of payment", while others expressed it as "until the date of payment". The author thinks the latter statement is relatively reasonable, because no one can guarantee that this bonus can be paid in one lump sum, and it may be paid in multiple installments. At this time, the behavior of overdue payment still exists, but the amount of overdue payment has decreased. If the parties to the contract fail to agree on the standard of liquidated damages for overdue payment, it is not because of the provisions in the reply in Article 2, the people's court may calculate the liquidated damages for overdue payment with reference to the standard of interest charged by the financial institution loans overdue stipulated by the People's Bank of China. When the People's Bank of China adjusts the interest standard for overdue loans of financial institutions, the people's court may adjust the calculation standard of liquidated damages for overdue payment accordingly.
Paying part of the money will exempt you from the obligation to pay the remaining overdue funds as liquidated damages. At this time, we should refer to the common practice of bank transfer and loan deduction, and cash it according to the principle of paying off the principal with the benefit.
To sum up, in the case that the sales contract did not stipulate in advance the payment of liquidated damages for overdue payment, the parties concerned appealed to the court to pay the interest on overdue payment, and according to the provisions of Articles 107 and 111 of the Contract Law, they should be allowed to compensate the debt interest generated during the overdue payment, that is, the interest on overdue payment. The calculation standard of overdue payment interest can refer to the standard of collecting overdue loan interest from financial institutions stipulated in the Reply of the People's Bank of China on the Criteria for Calculating Default Payment. However, it can be argued that the period of overdue payment of interest should be from the date of overdue payment to the date of payment, and it should be cashed according to the principle of paying off the principal first with reference to the common practice of bank transfer deduction.
Payment contract Article 3 Payment method of project funds:
One. Mode 1
1. Within 10 days after the signing of the contract, Party A shall pay Party B 20% of the contract price as a reserve fund.
2. When Party B completes 60% of the contract quantity, Party A shall pay Party B a progress payment of 60% of the total contract price.
3. When Party B completes 95% of the contract quantity, Party A shall pay 80% of the contract price to Party B. ..
4. After the project is completed and accepted by relevant departments organized by Party A, both parties shall complete the settlement within one month, and the project payment shall be paid to 95% of the total settlement amount.
5. The balance is 5% of the settlement amount, which will be used as the quality guarantee of this project, and 5% will be paid within seven days after the project is completed and accepted one year.
Second, the second way
1. 20% in advance after signing the contract. The contractor shall provide a letter of guarantee issued by a bank or reputable company in favor of the customer and valid for 90 days. The letter of guarantee is a demand guarantee, which means that "during the validity period of the letter of guarantee, if the client requests to recover the advance payment due to the contractor's failure to perform the agreed obligations under the contract (hereinafter referred to as" breach of contract "), our bank will unconditionally pay the client within seven working days after receiving the original paper claim notice and the original letter of guarantee signed by the client. The amount guaranteed by the letter of guarantee is only RMB.
2. Pay 50% of the total project amount to 30% of the total project amount.
3. Pay 80% of the completed quantities to 60% of the completed quantities.
4. After the project is completed and accepted, it will be paid to 85% of the completed quantity.
5. Pay 95% of the project payment after the final accounts are completed.
6. The quality assurance fee is 5% for two years.
Three. Mode 3
1. Monthly measurement payment: that is, advance at the end of ten days or in the middle of the month. At the end of the month, the settlement shall be made according to the effective quantities completed in the month confirmed by the engineer, and the completion settlement shall be handled after completion. (It means that the contractor can submit an advance payment bill to the owner at the end of ten days or in the middle of the month, and pay for ten days or half a month in advance, and then submit a payment settlement bill and a monthly report of completed projects at the end of the month. After the owner passes the quality acceptance of this part of the completed project, he will pay the monthly payment to the contractor in time. )
2. Interface payment: both parties agree to settle accounts in stages according to the image progress of individual projects or unit projects. For example, general industrial and civil buildings can be divided into several stages, such as foundation, structure, decoration and equipment installation. Settlement shall be made after each stage of the project is completed. High-rise buildings can also take each completed floor as a settlement section. Highway engineering can also be divided into two settlement sections, such as foundation layer and surface layer.
3. One-time settlement after completion: For projects with small project scale and short construction period (generally within 65,438+2 months), advance payment in stages during construction and one-time settlement after completion can be implemented.
The above are three common payment methods in engineering contracts.
Article 4 of the Payment Contract Owner:
According to the agreement signed by both parties, the bidding work of * * * * has been completed, and the customer should pay the remuneration for the project. Your company is required to pay the agency fee of RMB 30,000.00 Yuan only, please pay it in time. Transfer-in account is as follows:
Name:
Bank of deposit:
Account number:
limited company
October 17th, two thousand
Article 5 of the Payment Contract Entrusting Party: (Party A)
Contractor: (Party B)
According to the relevant provisions of the Contract Law of People's Republic of China (PRC) and the Regulations on Construction and Installation Contracts, and in combination with the specific conditions of this project, both parties voluntarily reached the following agreement through equal consultation:
I. Overview of the Project:
(1) Project name: manufacturing and installation place:
(2) The implementation of the project started on +0, 2065438 and the completion date was +0, 2065438.
Second, the contracting method and project cost:
(1) According to the project budget provided by Party B, the contractor will undertake the construction.
(2) If Party A changes the design, it shall timely adjust the project price and construction period with Party B, and the new part shall be settled according to the unit price in the quotation sheet.
(3) Total contract cost: (in words) (in figures) (the unit project cost is determined with reference to the budget).
Three. Rights and obligations of Party A and Party B:
(1) Rights and obligations of Party A:
1. Before construction, the person in charge shall connect the power supply to the construction site, and the electricity fee shall be borne by Party A. ..
2. Designate a special person to supervise the progress and quality of the project, handle the intermediate completion acceptance procedures, and be responsible for signing the confirmation letter of project acceptance.
3. Party A is responsible for providing Party B with a place to store the tools, and Party B is responsible for keeping the tools.
4. During the construction, in case of design change, rain, power failure and irresistible natural disasters, the original construction period will be postponed.
5. After the completion of the construction period, Party A shall jointly accept the project with Party B within three days after receiving Party B's acceptance application. Party A must inform Party B of the project quality problems in written form, otherwise Party A will consider the project qualified. ..
(ii) Rights and obligations of Party B:
1. Make, supply and manage materials according to the scope agreed by both parties.
2. Send the commencement notice to Party A in time. In the process of construction, the construction should be carried out in strict accordance with the contract and budget to ensure the quality of the project, and the project should be completed and delivered on schedule according to the time stipulated in the contract.
3. Party B is responsible for cleaning up the site.
4. Party B must abide by the safety system of Party A and do a good job in fire prevention and public security at the construction site.
5. After the acceptance of the project, Party B shall be responsible for the quality problems and free maintenance (excluding man-made damage and natural disaster damage) during the warranty period. Party B promises to send someone to Party A's site for maintenance within 48 hours after receiving Party A's maintenance call.
6. In case of personal injury or death during construction, Party B shall bear it by itself, and Party A shall not bear any legal responsibility. During the warranty period, Party B shall be responsible for the accidents caused by the dropping of billboards, and Party A shall not be held responsible.
Fourth, the project payment method:
1. On the date of signing the contract, Party A shall pay Party B the advance payment for the project, accounting for% of the total project amount, in words:.
2. When the construction personnel enter the site for construction, Party A shall pay Party B the project progress payment, accounting for% of the total amount of the chief engineer, in words.
3. RMB: Yuan, in words:.
Verb (abbreviation of verb) liability for breach of contract:
① Party A:
1. If Party B fails to perform its due responsibilities as stipulated in the contract, it shall not only delay the completion date of Party B, but also compensate Party B for the actual losses incurred as a result. ..
Model project payment contract
2. In case of shutdown or rework during the project, Party A shall take remedial measures or reduce losses, and compensate Party B for the actual losses caused by shutdown, rework, transshipment, relocation of personnel and mechanical equipment, and backlog of materials and components.
3. If Party A uses this project without prior acceptance or authorization, it shall be deemed as qualified, and Party A shall be responsible for the quality or other problems arising therefrom.
4. If the project payment is not paid within the time stipulated in the contract, Party B has the right to stop the construction, and Party A shall be responsible for the resulting responsibilities.
5. If the contract needs to be changed due to special circumstances, you should contact Party B in time and settle it through negotiation, subject to the signature of both parties; Otherwise, you should bear all the responsibilities.
6. When the project is delivered for use, if Party A fails to pay as stipulated in the contract, Party A shall pay 0.5% of the total daily price as overdue penalty. 2% paid to Party B ..
(2) Party B
1, the project quality is not in conformity with the contract, and it is responsible for free rectification.
2, the project delivery time is not in conformity with the provisions, should pay overdue liquidated damages, according to the total price of 0 per day. 2% pay liquidated damages to Party A. ..
3. Party B shall complete the production work stipulated in this contract according to the contents and methods agreed by both parties. If Party B needs to change the contents, it shall obtain the written consent of Party A.. If there are any quality problems, both parties should reach a settlement agreement through coordination before negotiation.
During the validity period of this contract, due to force majeure factors such as natural disasters and changes in national laws and policies, part or all of the contents of this contract and its supplementary agreements cannot be fulfilled, and both parties shall not be liable for breach of contract. However, it shall notify the other party of the relevant events and possible consequences in writing within 48 hours, and submit to the other party the certificate of relevant authorities and the report that the obligations and responsibilities agreed in this contract (including supplementary agreement) cannot be fulfilled or need to be postponed within 15 days after the event.
Seven, the project examination and approval procedures shall be handled by Party A, and Party A shall provide the materials required by the municipal, industrial and commercial.
8. Notifications sent by Party A and Party B, such as telegrams and telexes, involving the rights and obligations of both parties shall be notified in writing. The addresses of Party A and Party B listed in this contract are the receiving addresses of all parties. If the address changes, it shall notify the other party in writing in time. Any notice or other relevant documents delivered to the last address of each party shall be deemed as effective delivery.
Nine. The design drawings, production drawings and project quotation budget involved in this agreement can be used as annexes and have the same legal effect.
X. In case of any dispute during the performance of this contract, both parties shall settle it through consultation; If negotiation fails, either party may apply to the local arbitration commission for arbitration.
XI。 Others:
12. This contract is made in duplicate and signed by both parties. It shall come into effect after being sealed, and Party A and Party B shall hold one copy respectively. When the project is completed and the payment is settled, this contract will be terminated naturally.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _
Legal representative (signature): _ _ _ _ Legal representative (signature): _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 of the Payment Contract Party A:
Party B:
In order to strengthen the management of the internal payment system, standardize and unify the payment procedures, and further improve the quality and efficiency of cooperation between Party A and Party B, this payment agreement is formulated through friendly negotiation between Party A and Party B for both parties to abide by:
I. Provisions on Party B's invoicing:
Party A can only notify Party B to issue an invoice after receiving the products provided by Party B and passing the acceptance. The model and quantity of products accepted by Party A shall be subject to the signed delivery note. The invoice quantity is only the product quantity accepted by Party A (this quantity must be confirmed by both parties). Party B shall send the invoice to the Finance Department of Party A before 30th of each month.
Two. Provisions on Party A's payment:
Payment method of foundation fund provided by Party B for Party A: the first month's payment will be deposited into Party A, and after the second month's payment is settled, Party A will pay the total amount shown in the first month's invoice to Party B in one lump sum within 30 days after receiving Party B's invoice. Except for force majeure, Party A shall not delay payment to Party B without reason. If there are special circumstances that make it impossible to pay before the end of the next month after receiving the invoice, it is necessary to explain and communicate with Party B in advance and seek Party B's consent, otherwise Party B can control the delivery and restrict Party A.. If Party B requires Party A to pay in advance due to some special circumstances, it must communicate with Party A in time in advance, and Party A can help according to the specific circumstances.
Three. Other agreements on products:
The plastic spraying fee for one side of display cabinet is: 8.5 yuan/㎡, and that for one side of refrigerator is: 8.5 yuan/㎡. The total settlement area of these two products is the actual effective plastic spraying area. If the freezer needs screen printing, it needs to increase the screen printing fee: RMB/set. The blank sheet metal of Party A's products is transported by the sheet metal factory to the place designated by Party B, and all expenses incurred in this process are not related to Party B. The finished products after plastic spraying are transported by Party B to Party A's factory. Party A and Party B issue purchase orders to Party B according to the order cycle agreed by both parties. The order cycle is 4 days, that is, the time between the delivery of rough parts to Party B's factory and the delivery of finished products from Party B to Party A's factory. Except for force majeure, Party B shall deliver the goods in strict accordance with the delivery quantity in the order confirmed with Party A..
Four. Provisions on payment methods: model payment contract
Payment method: 50% of monthly payment is cash or bank transfer check; The other 50% payment is a bank acceptance bill.
Verb (abbreviation of verb) Other provisions:
Party A and Party B shall abide by this agreement. In case of any dispute, both parties shall settle it through friendly negotiation in time. If negotiation fails, both parties agree to apply to the court where the plaintiff is located for arbitration.
The entry into force of intransitive verb agreement;
This agreement shall come into effect after being signed and sealed by both parties (fax is valid). This agreement is made in duplicate, one for each party.
Seven. Term of agreement:
Under the normal cooperation between Party A and Party B, this agreement will be valid for a long time. If either party wants to change or dissolve this agreement, it must send a written notice of change to the other party 1 month in advance, and both parties will negotiate to modify it.
Signature of Party A: Signature of Party B:
stamp
Article 7 of the Payment Contract Party A: Anhui Branch of Limited Company
Party b: installation co., ltd
Party C: Real Estate Development Co., Ltd.
Place of signature: * *
Party A and Party C signed the Project Power Supply and Distribution Installation Project Construction Contract on * * * on * * *, and with the consent of Party C, Party A transferred all its rights and obligations under this contract to Party B. According to the provisions of the People's Republic of China (PRC) Contract Law and other relevant laws and administrative regulations, through equal consultation among Party A, Party B and Party C, all parties reached a cost agreement on related matters and abided by it jointly.
I. Scope and requirements of obligations:
1. Party B shall be fully responsible for all obligations and responsibilities that Party A shall perform as stipulated in the project power supply and installation construction contract, including project construction cooperation and project settlement and maintenance, until the contract is fully performed.
2. Party B shall have the same enterprise qualification and ability as Party A, and Party B shall take full responsibility for the authenticity and legality of the enterprise information provided; Moreover, Party A has an unshirkable guarantee responsibility for Party B's ability to undertake the construction contract of the power supply and distribution installation project of this project.
3. Party A shall bear all legal responsibilities for the legality and operability of the contents of this agreement; And bear all the expenses arising therefrom.
4. Party B shall collect the money in the Construction Contract of Power Supply and Distribution Installation Project signed by Party A and Party C. ..
5. Party B is responsible for providing formal and legal project payment invoices for the received funds.
II. Specific payment methods and payment instructions:
1. Party C shall pay the remaining amount to Party B's company account according to the requirements of both parties.
2. For each payment, Party B shall provide an official invoice that meets the financial requirements of Party C in advance, and Party C shall pay the payment after receiving the qualified invoice.
3. Within 3 working days after the signing of this agreement, Party B shall make up the invoices owed by Party A in full.
Third, others:
1. All additional expenses arising from the performance of this agreement not stipulated in the construction contract of power supply and distribution installation project shall be borne by Party B. ..
2. Party A, Party B and Party C have the responsibility and obligation to keep the contents of this agreement confidential; Without the written permission of the other two parties, neither party shall provide or disclose the data and information related to this Agreement and the business involved to the other party.
3. If any provision of this agreement becomes illegal, invalid or unenforceable without affecting the validity of this agreement, other provisions of this agreement will not be affected. If any clause of this agreement becomes illegal, invalid or unenforceable at any time and has no legal effect, the construction contract of power supply and distribution installation project will still be performed by both parties and will not be affected.
4. Without written confirmation from three parties, neither party may change or modify this Agreement.
5. For matters not covered in this agreement, the three parties may sign a supplementary agreement or supplement, explain and explain the relevant issues in this agreement in the form of annexes. The supplementary agreements and annexes to this agreement are an integral part of this agreement and have the same legal effect as this agreement.
Four. Ways to resolve contract disputes:
Disputes arising from or related to the execution of this Agreement shall be settled by the three parties through friendly negotiation. If negotiation fails, the three parties agree to bring a lawsuit to the court where Party C is located.
Verb (abbreviation for verb) Agreement terms:
1. This Agreement is made in sextuplicate, with Party A, Party B and Party C holding two copies respectively. This Agreement shall come into effect as of the date when the legal representatives, responsible persons or authorized agents of Party A, Party B and Party C sign and affix their official seals.
2. This agreement shall remain valid until the contractual obligations stipulated in the project power supply and installation project construction contract are fulfilled.
Party A (seal): Limited company
Representative (signature):
Telephone:
Date: * * year 65438+1October 65438+May.
Party B (seal): Installation Co., Ltd.
Representative (signature):
Bank of deposit:
Account number:
Telephone:
Date:
Party C (Seal): Real Estate Development Co., Ltd.
Representative (signature):
Telephone:
Date:
Article 8 of the Payment Contract Party A:
Party B:
Signing place:
Signature time: year month day.
I. Product name, specification, quantity and unit price
2. Quality requirements: the quality meets the national standard (XXXX). If any objection is raised within 15 days, Party A will guarantee the return and exchange of goods.
Three. Mode and cost of transportation: The cost of road transportation shall be borne by Party A..
Four. Mode and time limit of supply: Party A shall supply goods to Party B according to Party B's order, and Party B must inform Party A of the delivery plan 7 days in advance. Party A shall organize the delivery of vehicles on the date required by Party B. ..
Verb (abbreviation of verb) Place and method of delivery: The goods are transported to the warehouse designated by Party B..
6. Settlement method: cash on delivery (see the annex negotiated by both parties for the specific payment time and payment method).
Seven. Liability for breach of contract:
1. Violation of this contract or termination of this contract without reason shall be regarded as breach of contract. The breaching party shall be liable for breach of contract according to the relevant provisions of the contract law.
2. Within the validity period of the contract, if there are no irresistible factors, neither party may terminate the contract, and the party that terminates the contract shall be deemed as a breach of contract.
3. Calculation method of liquidated damages: If either party terminates the contract unilaterally, it shall pay twenty percent (20%) of the total contract price to the other party; If Party B exceeds
For installment payment, Party A shall pay a penalty equivalent to three percent (0.3%) of the overdue payment amount on a daily basis, but the maximum penalty shall not exceed five percent (5%) of the overdue total price. If Party A fails to deliver the goods in time, Party A shall pay Party B a penalty equivalent to three percent (0.3%) of the overdue part every day, but not more than five percent (5%) of the overdue part.
Eight. Termination of contract
If Party A or Party B wants to terminate this contract in advance, it shall formally notify the other party in writing and by telephone 30 days in advance, and this contract can only be terminated after both parties settle all expenses and bear corresponding responsibilities.
Nine. Settlement of disputes:
In case of any dispute during the execution of this contract, both parties shall settle it through consultation; If negotiation fails, both parties may bring a lawsuit to the people's court where the lawsuit is filed.
X this contract is made in duplicate, with party a and party b holding one copy respectively, with the same legal effect. This contract shall come into effect after being signed and sealed by both parties.
Xi。 Remarks:
1. This contract shall come into effect after being signed and sealed by both parties, and the fax is valid.
2. Party A only guarantees the quality of the paint itself, and other problems such as construction are sorry. When selecting paint varieties, Party B shall consult Party A or relevant institutions as far as possible.
Party A and Party B
Company name (seal): Company name (seal):
Company address: Company address:
Legal representative:
Authorized agent:
Tel: Tel:
Fax:
Bank of deposit: Bank of deposit:
Account number: Account number: