Model of purchase and sale contract (department store)
General Contract for purchase and sale of department stores and textile commodities
General Contract No.: Zi No.
Supplier:
demander:
Article 1 in order to effectively implement the laws and regulations of economic contracts and ensure the serious implementation of purchase and sale contracts, this general contract is signed. This general contract is applicable to the purchase and sale of nine categories of commodities, including daily necessities, cultural goods, watches and glasses, shoes and hats, textiles, knitted cotton fabrics, clothing, labor protection products, silk and so on. The transaction of specific categories (species) requires the signing of specific commodity purchase and sales sub contracts. Both the supplier and the demander can formulate tabular purchase and sales contracts according to their own characteristics. This general contract is the general principle for signing specific purchase and sales contracts. For matters not covered in this master contract, a supplementary agreement can be signed by both parties through consultation. This general contract, specific commodity purchase and sales sub contract and supplementary agreement have legal effect. The supplementary agreement and the specific commodity purchase and sale sub contract cannot be changed. The general contract can independently seek its business objective terms. If the supplementary agreement is inconsistent with the specific commodity purchase and sale sub contract, the supplementary agreement shall prevail
Article 2 after the contract is signed, both parties must perform it seriously. If one party needs to change or terminate the contract due to the circumstances specified in Article 27 of the economic contract law, it must submit a written request to the other party 15 days before the expiration of the contract (including the contract change procedures). The other party shall reply in writing (or telegram) within 15 days after receiving the notice. If it fails to reply within the time limit, it shall be deemed as acquiescence. If one party suffers losses due to the change or termination of the contract, the other party shall compensate. Before the new agreement is reached, the original specific contract is still valid
for the goods produced according to the design, variety and specification specified by the demander, after the production is arranged, both parties need to strictly implement the contract and generally do not change it. If changes are required, the losses arising therefrom shall be borne by the demander; If the supplier fails to perform the contract on time, in accordance with quality, quantity and specified requirements, the losses shall be borne by the supplier
Article 3 the commodity price in the purchase and sale contract must comply with the relevant provisions of the state on price control. For some goods, both parties can also negotiate preferential measures or negotiate pricingthe pricing standard of the traded goods after signing the contract is the genuine price. For non-staple products and grade products, the difference shall be priced according to the deduction rate convention to execute the contract; For temporarily priced (reference price) goods, the difference between up and down is allowed to be within 10% - 15% (the difference rate is specified in the specific contract). If there is a specification difference in the contract, the transaction is made at the unit price according to the middle grade (etc.), and the actual delivery is priced according to the specification
within the delivery (delivery) period specified in the contract, if the national or local administrative department adjusts the price, it shall notify the demander in writing, so as to serve as the basis for pricing at the time of delivery (refers to shipping)
in case of late delivery, if the price rises, the original price shall be implemented; In case of price reduction, the new price shall prevail. In case of late delivery, if the price has the characteristics of good professionalism, high robustness and easy upgrade, the new price shall be implemented; if the price is reduced, the original price shall be implemented. The price difference caused by price adjustment shall be settled separately by both parties
Article 4 the supply price of commodities in different places is the free on board price. The expenses before loading and loading shall be borne by the supplier. If the loading fee, shipping fee and freight are listed in one document and cannot be separated, it shall be borne by the demander; For the goods directly allocated to the factory and warehouse by the local purchasing units (including the units stationed in other provinces), the factory will deliver the goods or the demander will pick them up by himself. The carrier shall charge the reasonable transportation expenses exceeding 208500 tons of LME inventory in the same period according to relevant charging regulations, and the transportation insurance premium shall be borne by the demander. The freight burden can also be handled in accordance with the method negotiated by both parties
Article 5 the number of commercial energy-saving buildings is increasing at an alarming rate. If there are national or professional standards, the national or professional standards shall prevail; If there is no such standard, the enterprise standard of the manufacturer shall prevail; If there is no manufacturer enterprise standard, it shall be determined by both parties through negotiation. The supplier shall carefully inspect and strictly control to ensure the quality of goods
if the quality of the goods does not meet the standard, it is generally allowed to return them. In case of special circumstances, the supplier and the demander can coordinate to solve the problem
Article 6 the packaging of goods must be firm, and the supplier shall ensure the safety of goods during transportation. If the demander has special requirements for commodity packaging, both parties shall indicate in the specific contract that the increased packaging costs shall be borne by the demander
Article 7 the delivery date of the contract shall be subject to the supplier's billing date. Goods delivered directly from the factory to the station and wharf shall be subject to the ex factory delivery date. If the order is issued within 10 days before the delivery date specified in the contract and 15 days after the end of the delivery date, it shall not be regarded as early or late delivery. If the demander requires delivery in batches, the supplier shall make balanced delivery in batches after approval
unless otherwise agreed by both parties, the goods supplied by the supplier shall be consigned by the supplier on behalf of other places. If the demander wants to pick up the goods by himself, he should hold the self delivery certificate stamped with the financial seal, and the delivery expenses should be borne by the demander; For those in the same city, except for the direct delivery part from the factory, the Demander shall pick up the goods by itself within seven days after the payment settlement (postponed in case of holidays). For the overdue part, the Demander shall be responsible for the storage expenses
if the delivery is delayed due to the impact of transportation or the demander requires that the delivery be delayed for no more than 30 days, the contract shall not be delayed
Article 8 for goods with a valid period, if more than two-thirds of the valid period remains, the supplier can deliver the goods. If less than two-thirds of the valid period remains, the supplier should obtain the consent of the demander before delivering the goods
Article 9 the supplier shall entrust the carrier to ship the goods according to the reasonable transportation route, tools and arrival station (port) agreed by both parties, and strive to load enough capacity or tonnage to save costs
if one party needs to change the transportation route, tools and arrival station (port), it should notify the other party in time and negotiate. After reaching an agreement, it can handle the shipment. Before reaching an agreement through negotiation, the original contract shall still be implemented
the demander proposes to change the transportation route, tools and arrival station (port), so the increased expenses shall be borne by the demander. If there are special circumstances, they shall be solved by both parties through negotiation. If the supplier changes the transportation route, tools and arrival station (port) without the consent of the demander, the increased expenses shall be borne by the supplier
Article 10 the ownership of the goods shall be transferred to the demander from the time of obtaining the shipping certificate. In case of loss, shortage, damage and other accidents during transportation, the Demander shall be responsible for making a claim to the carrier department or the insurance company, not due to the supplier's fault
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