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Sample Business Contracts

Purchase Contract - Feiyang Industry & Trade Co. Ltd. and Shaanxi Jialong Hi-Tech Industrial Co. Ltd.

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No. 06-09-03
 
 
Purchase Contract
 
 
Party A: Feiyang Industry & Trade Co., Ltd "The Supplier"
 
Party B: Shaanxi Jialong Hi-tech Industrial Co., Ltd (The Buyer)
 
According to the Contract Law of the People’s Republic of China, Party A and Party B agree to constitute the following purchase agreement:
 
Clause One: Product Name, Quantity, Unit Price and Gross Price
 
Name and Model: Downloading Machine, Model Number: X-09
 
Quantity: 150 sets
 
Unit Price: RMB14, 800.00 Yuan
 
Gross Price: RMB2, 220,000.00 Yuan (In Words: Two Million Two Hundred and Twenty Thousand Yuan Only)
 
Clause Two: .Delivery Date & Transportation
 
Party A shall deliver all 150 sets downloading machines to Party B ahead of Sep 10th, 2006.
 
Clause Three: . Delivery Place and Transportation
 
Delivery Place: Business Place of Party B.
 
Transportation Way: Decided by Party A.
 
 
 

 
 
Clause Four: Quality Requirements
 
Party A shall guarantee that its delivered products should accord with the state standard and the quality requirement of Party B.
 
Clause Five: Acceptance Method and Objection Proposal Period
 
Acceptance Method: Party B shall implement the examination and acceptance of the products after delivered by Party A.
 
Objection Proposal Period: If finds some quality problems, Party B shall inform Party A within one month since the delivery date; otherwise, the products shall be regarded as the up to standard. The products with the quality guarantee period shall be disposed according to the rules in the quality guarantee period.
 
Clause 6 Settlement Way and Term
 
Within 3 days after the contract comes into force, the payment shall be settled and paid according to the actual number of downloading machines. Party A shall offer the formal invoice to Party B.
 
Clause Seven: Responsibility of Contract Breaching
 
1. If Party B fails to pay the pre-paid payment according to the clause Six of this agreement, Party B shall pay it off within 2 days after Party A’s proposal and bear 1% of the pre-paid payment as violating fines; if Party B still fails to execute it, Party A has the right to terminate the agreement and Part B shall bear 5% of Pre-paid payment as violating fines;
 
 
 

 
2. If Party B fails to pay for the rest payment according to the Clause Six, as per day delay, it shall pay 0.01% of the rest payment to Party A as the daily late fees;
 
3. If Party A fails to deliver the products in the contracted period, it shall deliver it within 2 days after Party B proposes and bear 1% of the pre-paid payment as the violating fines:
 
4. If Party A fails to execute the content of Clause Three, Party B has the right to consult the actual situation to decide whether conceal this agreement or nor and Party A shall bear 5% of pre-paid payment as the violating fines.
 
Clause Eight: Disputes Settlement
 
Any disputes caused in the course of performing this agreement, shall be solved through two parties’ negotiation; if fails to reach agreement, either party shall take legal proceedings against the other party to the court located in the contract signed place.
 
Clause Nine: Miscellaneous:
 
Any uncovered matters shall be solved according to a supplementary agreement signed after the two parties’ negotiation. The supplementary agreement shall enjoy the same legal force with this agreement.
 
Clause Ten: This contract is made in duplicate; and each party holds one.
 
This contract shall be come into force since the date of being signed by the two parties.
 
 
 

 
 
Party A (Seal and Signature):   Party B (Seal and Signature):
     
Person in Charge:     Person in Charge: 
     
Zhao Feiyang
 
Zhang Jianjun
     
September 3rd, 2006