2020 auto parts procurement contract template

sharkyMechanics

Apr 19, 2021 (17 days and 19 hours ago)

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2020 auto parts procurement contract template

dfsk auto parts

2020 auto parts procurement contract template




Purchase unit: ____, hereinafter referred to as Party A;

Supply unit: ____, hereinafter referred to as Party B.

In order to enhance the sense of responsibility of both parties, strengthen economic
accounting, improve economic efficiency, and ensure that both parties achieve their
respective economic goals, after full consultation by both parties, this contract is
specifically concluded for mutual compliance.

Article 1 The name, variety, specificatio
n and quality of the product

1. The name, variety and specification of the product:

(The brand or trademark of the product should be indicated)

2. The technical standards (including quality requirements) of the product shall be
implemented in accordance wi
th the following item ():

(1) Execute according to national standards; (2) If there is no national standard but a
ministerial standard, execute according to the ministerial standard; (3) If there is no
national or ministerial standard, execute according to

the enterprise standard; (4) If there
is no such standard , Or although the above
-
mentioned standards exist, but the buyer has
special requirements, it shall be implemented in accordance with the technical conditions,
samples or supplementary technical re
quirements agreed by both parties in the contract.

(The code, number and standard name of the implemented standard must be stated in the
contract. For complete sets of products, the quality requirements of the accessories must
be clearly specified in the c
ontract; for some products that must be installed and operated
before the inherent quality defects can be found, except for the competent department
Unless otherwise specified, the contract shall specify the conditions and time for raising
quality objectio
ns; for products that are subject to sampling for quality inspection, the
contract shall indicate the sampling standards or sampling methods and proportions used;
if the samples need to be sealed after the technical conditions are agreed, they shall be It
shall be sealed and kept by both parties together and kept separately for the basis of
inspection.)

Article 2 The quantity, measurement unit and measurement method of the product

1. The number of products:_______________.

2. Unit of measurement and method
of measurement: ______________.

(If the country or the competent authority has regulations on the measurement method, it
shall be implemented according to the regulations of the country or the competent
authority; if there is no regulation by the country o
r the competent authority, it shall be
negotiated by both parties. For electromechanical equipment, the auxiliary equipment with
the main engine should be clearly stipulated in the contract when necessary. , Accessories,
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supporting products, wearable spare

parts, accessories and installation and repair tools,
etc. For the products supplied in a complete set, the scope of the complete supply should be
clarified, and a complete supply list should be proposed.)

3. Regulations and calculation methods for the po
sitive and negative tail difference,
reasonable weight difference and natural decrease (increase) of the product delivery
quantity:

Article 3 Product packaging standards and the supply and recycling of packaging materials

(For product packaging, if the sta
te or the competent business department has technical
regulations, it shall be implemented in accordance with the technical regulations; if there is
no technical regulation between the state and the competent business department, it shall
be negotiated by
both parties. The packaging of the product shall be provided by Party A,
except for those provided by the state. Party B shall be responsible for the supply.
Packaging materials that can be used multiple times shall be implemented in accordance
with the pa
ckaging recycling method formulated by the relevant competent department; if
the relevant competent department has no regulations, the packaging recycling method
shall be negotiated by both parties as an annex to the contract. Product packaging The cost
sh
all not be charged separately from Party A unless otherwise specified by the state. If
Party A has special requirements, the two parties shall negotiate in the contract. If the
packaging fee exceeds the original standard, Party A shall bear the excess part
; its
packaging If the fee is lower than the original standard, the product price shall be reduced
accordingly.)

Article 4 The delivery unit, delivery method, transportation method, and delivery location
of the product (including dedicated lines and docks)

1. The delivery unit of the product: ____________.

2. Delivery method, according to the following item ():

(1) Party B delivers goods (if the national competent authority has stipulated delivery
methods, it shall be implemented according to the prescribed

methods; if there is no
provision for delivery methods, it shall be implemented according to the agreement
between A and B);

(2) Party B

s agent transportation (Party B

s agent transportation shall fully consider
Party A

s requirements and agree on a reas
onable transportation route and means of
transportation);

(3) Party A will pick up and ship by itself.

3. Mode of transportation: __________.

4. Place of arrival and receiving unit (or receiving person) ________________.

(If Party A requests to change the
delivery location or receiver, it should notify Party B 40
days before the delivery date (month or quarter) stipulated in the contract, so that Party B
can compile a monthly vehicle (ship) plan; it must be dispatched by Party A. If the person is
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escorted,
it should be clearly stipulated in the contract; Party A and Party B should go
through the exchange procedures with the transportation department in accordance with
relevant regulations for the transportation and loading and unloading of the product, make
a record, and sign by both parties to clarify the responsibilities of Party A, Party B and the
transportation department.)

Article 5 Delivery (pickup) deadline of products

(The delivery date of the products to be delivered or transported on behalf of the
company
shall be subject to the stamp date issued by the carrier department when Party A ships the
products. If the parties agree otherwise, the agreement shall prevail; the contract stipulates
the delivery date of the product by Party A. The delivery date

notified by Party B in
accordance with the contract shall prevail. Party B

s delivery notice shall give Party A the
necessary transit time. The actual delivery or delivery date is earlier or later than the date
stipulated in the contract, which shall be d
eemed as early or late delivery. Delivery or
delivery.)

Article 6 The price of the product and the settlement of the payment

1. The price of the product shall be executed according to the following item ():

(1) Execute according to national pricing;

(2) Fo
r products that should be priced by the state but not yet priced, the price approved
by the price authority shall be implemented;

(3) For products that are not priced by the state, or if the price needs to be increased or
reduced due to special technical r
equirements for the product, the price shall be subject to
the negotiated price of both parties.

(For the implementation of national pricing, during the delivery or pick
-
up period specified
in the contract, when the country adjusts the price, the price at
the time of delivery will be
implemented. If the delivery is overdue, the original price will be implemented when the
price rises; when the price falls, According to the new price. In case of late delivery or late
payment, the new price will be executed wh
en the price rises; when the price drops, the
original price will be executed. The difference in the adjusted price due to late payment will
be settled by both parties separately, and will not be the original consignment Set off in the
settlement amount. I
f the floating price and negotiated pricing are implemented, the price
specified in the contract shall be implemented.)

2. Settlement of product payment: The settlement of product payment, actual
transportation and miscellaneous fees and other expenses pai
d shall be handled in
accordance with the settlement methods of the People's Bank of China.

(If the settlement is settled by collection and acceptance, the contract shall indicate
payment for inspection or payment for inspection. The acceptance period for
payment for
inspection is generally ten days, starting from the day after the transportation department
sends the delivery notice to the receiving unit. Where the parties agree in the contract to
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shorten or extend the inspection period, they shall indicate

it on the collection receipt and
the bank shall comply with its provisions.)

Article 7 Acceptance method

(The contract should clearly stipulate: 1. Acceptance time; 2. Acceptance means; 3.
Acceptance standards; 4. Who is responsible for acceptance and tes
ting; 5. After a dispute
occurs during acceptance, which level of product quality supervision and inspection agency
will implement Arbitration, etc.)

Article 8 Time and method for objecting to the product

1. During the inspection and acceptance, if Party A

finds that the product variety, model,
specification, design and quality are not in compliance with the regulations, it shall keep it
properly and raise a written objection to Party B within __ days; during the collection and
acceptance period, A The part
y has the right to refuse to pay for the part that does not
comply with the contract.

2. If Party A fails to file a written objection within the prescribed time limit, it shall be
deemed that the delivered product complies with the contract.

3. Party A sha
ll not raise an objection if the quality of the product has deteriorated due to
improper use, storage, or maintenance.

4. Party B shall be responsible for handling the objection within ten days after receiving the
written objection from the demanding party

(unless otherwise specified or otherwise
agreed upon by the parties), otherwise, it shall be deemed as default to the objection and
handling opinion raised by Party A.

(In the written objection submitted by Party A, the contract number, waybill number,
ve
hicle or vessel, delivery and arrival date should be stated; and the product name, model,
specification, color, logo, brand number, batch number, and qualified product that do not
meet the requirements should be stated. Certificate or quality assurance cer
tificate
number, quantity, packaging, inspection method, inspection situation and inspection
certificate; put forward opinions on the handling of products that do not meet the
requirements, and the matters that must be explained as agreed by both parties.)

Article 9 Party B

s Liability for Breach of Contract

1. If Party B is unable to deliver the goods, it shall pay Party A a penalty of __% of the
payment for the part of the goods that cannot be delivered (1
-
5% for general products and
10
-
30% for special pr
oducts).

2. If the product variety, model, specification, color and quality of the products submitted
by Party B does not conform to the stipulations of the contract, if Party A agrees to use it,
the price shall be based on quality; if Party A cannot use i
t, Party B shall be responsible
according to the specific conditions of the product. Replacement or repair, and bear the
actual cost of repair, exchange or return. If Party B is unable to repair or exchange, it shall
be treated as undeliverable.

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3. If Part
y B has to repair or repackage the product because the product packaging does not
conform to the contract, Party B shall be responsible for repairing or repacking, and bear
the paid expenses. If Party A does not require repairs or repackaging and seeks
com
pensation for losses, Party B shall reimburse Party A for the part of the unqualified
packaging that is lower than the value of the qualified packaging. Party B shall be
responsible for compensation if the goods are damaged or lost due to non
-
compliant
pac
kaging.

4. In case of late delivery, Party B shall, in accordance with the provisions of the People

s
Bank of China on deferred payment, reimburse Party A for the breach of contract damages
for late delivery and bear Party A

s losses incurred accordingly.

5. For products delivered in advance by Party B, over
-
delivered products and varieties,
models, specifications, designs, and products whose quality does not conform to the
provisions of the contract, the storage and maintenance costs actually paid by Party

A
during the custody period and non
-
cause Party A Party B shall bear the losses caused by
improper storage.

6. If the product is delivered to the wrong place or receiver, Party B shall not only be
responsible for the delivery place or receiver specified i
n the contract, but also bear all the
actual expenses paid by Party A and the breach of contract for late delivery. gold. If Party B
unilaterally changes the transportation route and means of transportation without the
consent of Party A, it shall bear the

increased costs.

7. If Party B delivers the goods in advance, after receiving the goods, Party A can still pay
according to the delivery time stipulated in the contract; if the contract stipulates self
-
pickup, Party A may refuse to pick up the goods. If P
arty B

s delivery is overdue, Party B
shall negotiate with Party A before the shipment. If Party A still needs it, Party B shall make
up for the delivery according to the number, and shall be liable for the overdue delivery; if
Party A no longer needs it,
it shall be notified by Party B. Party B shall be notified within
fifteen days after the termination of the contract, and if there is no reply within the time
limit, the shipment shall be deemed to have been approved.

Article 10 Party A

s Liability for Bre
ach of Contract

1. If Party A returns the goods halfway, Party B shall pay Party B a penalty of __% of the
returned part of the purchase price (1
-
5% for general products and 10
-
30% for special
products).

2. If Party A fails to provide the required technica
l materials or packaging according to the
time and requirements stipulated in the contract, except that the delivery date can be
postponed, it shall be calculated based on the partial payment for postponed delivery in
accordance with the provisions of the
People

s Bank of China on deferred payment.
Reimburse Party B with liquidated damages for delayed delivery; if it cannot be provided, it
will be handled as a halfway return.

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3. If Party A fails to pick up the products on the date notified by the supplier o
r on the date
stipulated in the contract, Party A shall, in accordance with the provisions of the People

s
Bank of China on deferred payment, be calculated based on the total value of the part of the
late delivery, and pay Party B the penalty for the late
delivery. , And bear the cost of
custody and maintenance actually paid by Party B.

4. If Party A pays late, it shall reimburse Party B with liquidated damages for late payment
in accordance with the provisions of the People

s Bank of China on deferred
payment.

5. If Party A refuses to receive the goods in violation of the contract, it shall bear the losses
and fines imposed by the transportation department.

6. If Party A incorrectly fills in the delivery location or receiver, or raises a wrong objection

to Party B, Party A shall bear the losses suffered by Party B as a result.

Article 11 Force Majeure

When either party of both parties is unable to perform the contract due to force majeure, it
shall promptly notify the other party of the reasons for the i
nability or incomplete
performance. After obtaining the relevant competent authority certification, it is allowed to
postpone the performance, partial performance or non
-
performance of the contract, and it
may be possible according to the situation. Partly

or completely exempt from liability for
breach of contract.

Article 12 Other

The liquidated damages, compensation, storage and maintenance fees, and various
economic losses that should be paid in accordance with the provisions of this contract shall
be pa
id in accordance with the settlement method prescribed by the bank within ten days
after clarification of the responsibilities, otherwise it shall be treated as an overdue
payment. However, neither party shall deduct the goods or deduct the payment to offs
et
the goods.

Ways to resolve contract disputes: Disputes arising from the execution of this contract shall
be resolved by both parties through consultation. If the negotiation fails, the two parties
agree to arbitration by the Arbitration Commission (If t
he parties do not agree on the
arbitration institution in this contract, and they do not reach a written arbitration
agreement afterwards, they can file a lawsuit in the people's court).

This contract will be effective from __year__month__. During the exec
ution of the contract,
both parties shall not change or terminate the contract at will. If there are any matters not
covered in the contract, both parties must negotiate and make supplementary provisions.
The supplementary provisions have the same effect a
s this contract. The original of this
contract is in duplicate, with each party holding one copy; a copy of the contract shall be in
____ copies, distributed to the competent departments and banks of both parties (if
notarized or authenticated, it should b
e sent to the notary or authentication agency)... and
other units Keep a copy.

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Purchase unit (Party A): ____ (official seal)

Representative: ____ (seal)

address:____

Account Bank: ____

account number:____

phone:____

Supplier (Party B)____ (official seal)

R
epresentative: ____ (seal)

address:____

Account Bank: ____

account number:____

phone:____

__Year__month__day