In case of any ambiguity or inconsistency, the order listed above shall prevail.
Article 3 Performance guarantee 1.
2.
At the same time, the new model revised 11 articles of the original model, including general provisions, subject matter and contract price, quality standards, mode of supply, transportation, delivery acceptance, settlement and payment, responsibilities of both parties, liabilities for breach of contract, dispute resolution, and other matters, and added some contents.
(Note: The amount deducted from the performance bond can be determined by the Project Department according to the actual signing of the contract) (2) Party B shall submit to Party A a bank guarantee in the amount of RMB yuan of the provisional total contract price including tax at the same time of signing the contract.
Click on the blue letter to pay attention to us in case of emergency.
Material procurement contract (instructions for use: this contract is applicable to the procurement of raw materials such as flooring, cement, steel, asphalt, etc.) Contract No.: Material procurement contract Party A: (Demander) Party B: (Supplier) In accordance with the Contract Law of the People’s Republic of China and other relevant laws and regulations, follow the principles of equality, voluntariness, fairness and integrity, After negotiation, both parties have signed the following purchase and sales terms for mutual compliance.
3.
The newly added clauses mainly include 7 clauses, including performance guarantee, product packaging standard and packaging supply and recycling, confidentiality, intellectual property, contract termination, force majeure, and contract annex.
Article 1 General 1.
Performance guarantee method: ⑴ Party A shall deduct yuan from the contract price paid to Party B for the first time as the performance security.
Contract price=unit price × Provisional contract quantity × (1+VAT rate) (Note: ① The contract price is provisional, and the actual contract price is subject to the price finally approved by Party A.
the price referred to in the contract), (yuan) 2.
The above documents will complement each other.
(Note: The floating price shall be determined according to the regional price.
Due to the changes in national laws and regulations, in order to adapt to the new situation and avoid legal risks, the Bureau has revised the 2010 version of the “Model Material Procurement Contract”.
The role of the Settlement Agreement attached to the new model is mainly to prevent the other party from claiming for overdue liquidated damages and unpaid interest in legal proceedings caused by delayed payment of materials.
⑴ If the corresponding contract price is deducted as the performance guarantee, it shall be returned without interest within 30 days after the end of the contract supply period.
The preparation of the “Model Material Procurement Contract” issued by the Bureau in 2010 has played an important guiding role in the standardization and standardized management of our contract.
Product name, model and specification, unit, estimated quantity, unit price excluding tax, total price excluding tax, value-added tax Total price and tax (i.e.
For example, the steel can be based on the domestic well-known professional price information websites such as “My Steel Network, China Steel United Network” or market research.) The above two unit prices shall take one form.
⑴ The fixed unit price will not be adjusted during the performance of the contract.
Performance guarantee period: the validity of the performance security is 30 days after the end of the contract supply period.
3.
The contract price is agreed in the principle of price and tax separation.
(2) Floating mechanism of floating unit price.
Quality standards: follow the standards.
.
(2) If the bank guarantee guarantee is adopted as the performance guarantee, the guarantee will be automatically released after the completion of the contract supply.
The newly revised Model Material Procurement Contract is based on the Contract Law of the People’s Republic of China, the Interpretation of the Supreme People’s Court on the Legal Issues Applicable to the Trial of Disputes over Sales Contracts and other laws and regulations, and its contents are increased from 11 clauses in the original model to 18 clauses, and the settlement annex is added.
② The unit price includes the ex-factory price of materials, transportation cost, off-site transportation loss, test and detection cost, product insurance cost, storage cost, loading and unloading cost, storage cost, safety cost in the supply process, profit, etc., excluding tax If the signed material procurement contract adopts the “two-ticket system”, that is, the material and transportation costs are invoiced separately, it shall be noted in the contract terms that “the transportation costs shall be borne by Party A, Party B shall collect and pay the transportation costs on behalf of the carrier, and the special VAT invoice for the transportation costs shall be issued by the carrier to Party A.”) ③ The contract quantity is provisional, and the specific quantity shall be subject to the written demand plan quantity issued by Party A during the supply period, The final settlement quantity shall be subject to the actual supply quantity of materials accepted by Party A and weighed or measured, and shall be the basis for payment of the contract price.) 4.
Article 4 Quality standards 1.
After the drafting of the new model, the opinions of the relevant departments of the bureau headquarters, companies and some projects under construction were solicited, and they were enriched and improved for many times.
total price excluding tax (yuan), value-added tax (yuan), total price and tax (i.e.
The following documents shall be deemed to constitute and be an integral part of the reading and understanding of the Contract, namely: ⑴ Correspondence and other documents of both parties during the performance of the Contract (including bidding documents, addenda, clarification documents, bid announcement, etc.); ⑵ This contract; ⑶ The supplier’s tender offer document.
Article 2 Product and contract price 1.
(2) Party B fails to fulfill the substantive bid commitment (if any).
The above unit price is fixed/floating.
(3) Party B stops the supply without the written consent of Party A.
In the process of implementation, each unit can also refine the terms in the horizontal line left in the model according to the actual situation of the project.
the price referred to in the contract) (additional pages can be attached as the contract annex): serial number, product name, model, specification, provisional quantity, unit price excluding tax (yuan), total price excluding tax (yuan), remarks 123…
(Note: one of the above two methods can be selected as the performance guarantee method) 2.
The performance bond will not be refunded in any of the following circumstances: (1) Party A sends a written notice of breach of contract due to any breach of contract in the termination of performance of the contract in Article 14 of this contract by Party B.
