What is included in a modern enterprise purchase agreement

Legal Analysis: Main Clauses and Model Texts of the Contract: The content of the contract is agreed upon by the parties and generally includes the following clauses:

the name of the person concerned and the domicile of the person; Target; Quantity; Quality; price or remuneration; the period, place and manner of performance; liability for breach of contract; Methods of Dispute Resolution.

Legal basis: Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (three-and-three) number; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

General procurement personnel as the person in charge of contract formulation, review and management, need to understand the terms and conditions of the contract. What is the difference between a purchase contract and a purchase and sale contract?

Procurement contract: The purchase contract contains the quantity, model, total amount, arrival date, liability for breach of contract, force majeure, arbitration and other terms that bind the business, which need to be signed and sealed by both parties before it takes effect.

Difference Between Purchase Contract and Purchase and Sale Contract:

1. The essence is different: the purchase and sale contract is a general term, including two kinds of contracts: procurement contract and sales contract. A purchase contract is a contract for the purchase of goods.

2. The parties to the contract are different: if it is a purchase contract, usually the purchaser is Party A, and the seller is Party B, and if it is a purchase and sale contract, usually the buyer and seller are Party A, and the buyer is Party B.

3. The concept is different: the purchase and sale contract is an agreement in which one party transfers the ownership or management right of the goods to the other party, and the other party pays the price. The procurement contract is a legal document on the relationship between supply and demand signed by the enterprise (supplier) and the sub-supplier through negotiation and consensus between the two parties.

In general, the purchase and sale contract is a general term and includes two types of contracts: the purchase contract and the sales contract. A purchase contract is a contract for the purchase of goods; A contract of sale is a contract for the sale of goods.

These two types of contracts are fundamentally different in that they generally do not involve both the purchase and sale of goods in the same contract, but separate purchase or sale contracts. When concluding a contract, if it is a procurement contract, the purchaser is generally Party A and the seller is Party B.

The content of the procurement contract includes the following: 1. The variety, specification and quantity of the commodity; Second, the quality and packaging of the goods; 3. The settlement method next to the ** commodity and the manuscript residue; Fourth, the delivery period, the place of delivery and the way of delivery; 5. Commodity acceptance methods; 6. Liability for breach of contract; 7. Conditions for modification of the contract and conditions for the termination of the contract.

[Legal basis].Civil Code of the People's Republic of China

Article 470:The content of a contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

(2) the subject matter; iii) quantity;

(4) Quality; (5) Price or remuneration;

(6) The time limit, place and method of performance;

(7) Liability for breach of contract;

(8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The terms of the company's procurement contract constitute the content of the procurement contract, and should have the following main terms on the premise of striving to be specific and clear, easy to execute and avoid unnecessary disputes:

1) The variety, specification and quantity of the commodity.

The variety of the commodity should be specific, and the use of comprehensive product names should be avoided; The specifications of the goods shall specify the color, style, size and brand, etc.; The quantity of goods should be indicated in a uniform national unit of measurement. If necessary, a detailed list of product varieties, specifications, and quantities can be attached.

2) The quality and packaging of the goods.

The contract shall stipulate the quality standards that the goods shall meet, indicating that they are national or ministerial standards; If there is no national and ministerial standard, the two parties shall negotiate and order (deliver) the goods according to the sample; For by-products and defective products, a certain proportion should be specified, and the standards should be indicated; For the goods that are subject to the method of replacement, warranty and return, specific terms should be written; There should be detailed provisions on the method of commodity packaging, the packaging materials used, the packaging style, specifications, volume, weight, marks and the handling of packaging materials.

3) The ** and settlement method of the product.

The contract should make specific provisions on the first commodity products, stipulate the method of pricing and price change, etc., as well as stipulate the price deduction method for by-products and defective products; Stipulate the settlement method and settlement procedure.

4) Delivery period, place and delivery method.

The delivery (delivery) period (date) shall be determined in accordance with the relevant regulations, and taking into account the actual situation of both parties, the characteristics of the commodity and the transportation conditions. At the same time, it should be clarified whether the delivery method of the product is delivery, drop-shipping, or self-pickup.

5) Commodity acceptance methods.

The contract should specify the method, time limit and place for the acceptance of goods in terms of quantity and quality.

6) Liability for breach of contract.

If one party fails to perform the contract, it will inevitably affect the economic activities of the other party, so the breaching party Tongkai should bear material liability and compensate the other party for the losses suffered. When signing the contract, it should be clearly stipulated that Hongmao shall pay liquidated damages or compensation in the following three circumstances:

Commodities that do not comply with the quantity, variety, and specification of the goods specified in the contract;

Failure to deliver goods in accordance with the quality standards specified in the contract;

Late delivery of goods.

If the purchaser has overdue payment or delivery, temporary change of arrival location, etc., the liquidated damages or compensation shall be payable.

7) Conditions for modification and termination of the contract.

The contract shall stipulate the circumstances under which the contract may be changed or terminated, the circumstances under which the contract may not be changed or terminated, and the procedures to be followed for changing or terminating the contract.

In addition, a number of specific supplementary provisions should be added to the procurement contract according to the actual situation, so as to make the signed contract more realistic and effective.

The procurement contract is a legal document signed by the enterprise (supplier) and the sub-supplier, after negotiation and consensus between the two parties, and both parties should abide by and perform, and it is the common language basis for the two parties. Both parties to the contract have their own economic purposes, and the procurement contract is an economic contract, and both parties are protected and liable by the Civil Code.

Legal basis: Article 596 of the Civil Code of the People's Republic of China The content of the sales contract generally includes the name, quantity, quality, price, performance period, location and method of performing filial piety, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effect.

Legal analysis: The content of the procurement contract should include: 1. Basic information of the supplier and the sub-supplier; 2. The name, model and specification of the purchased goods, and the quantity purchased; 3. ** and delivery time; 4. Delivery method and place of delivery; 5. The quality should not be covered and accepted in the way, and the solution of the non-Ling compound Wangag products, if the quality agreement is signed separately, the quality agreement shall be written in the contract; 6. Consequences of violating the agreement.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; iii) quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.

The parties may refer to the model texts of various types of contracts to conclude contractsNote: The Civil Code came into effect on January 1, 2021.

1. The name, title and address of the parties to the contract.

2. The variety, specification and quantity of the commodity.

The variety of the commodity should be specific, and the use of comprehensive product names should be avoided; The specifications of the goods shall specify the color, style, size and brand, etc.; The quantity of commodities should be marked according to the national unified unit of measurement for consumption; If necessary, a detailed list of product varieties, specifications, and quantities can be attached.

3. The quality and packaging of the goods.

The contract shall stipulate the quality standards that the goods shall meet, indicating that they are national or ministerial standards; If there is no national and ministerial standard, the two parties shall negotiate or order (deliver) the goods according to the sample; A certain proportion should be specified for by-products and defective products, and the standard of positive letter wheel should be indicated; For the goods that are subject to the method of replacement, warranty and return, specific terms should be written; There should be detailed provisions on the method of commodity packaging, the packaging materials used, the packaging style, specifications, volume, weight, mark, and the handling of the packaging.

4. The contract should be indicated, and if it is a long-term contract, it is necessary to indicate whether it changes with the market.

5. The place, duration and method of the transaction.

6. Indicate the delivery and acceptance method of the item, as well as the corresponding warranty content.

7. Indicate the breach clause of the contract and the competent court.

8. Conditions for changing the contract and terminating the contract.

Legal basis: Civil Code of the People's Republic of China

Article 470.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

(2) the subject matter; iii) quantity;

(4) Quality; (5) Price or remuneration;

(6) The time limit, place and method of performance;

(7) Liability for breach of contract;

(8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 596.

The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, letter settlement method, text used in the contract and its effect, etc.