The difference between a contract for the sale and purchase of a sample and a contract for the sale

The key is the identification of the sample, that is, it is necessary to determine what the sample is, what state, whether there are hidden defects, if both parties recognize the current state of the sample, the sample should be sealed, and the final delivery shall be subject to the sample. The general purchase and sale contract is generally a general goods, and the delivery is subject to the standards agreed by both parties, or in accordance with the national standard and enterprise standard, and the sample does not have to prevail.

Sample sale refers to the sale and purchase of the subject matter of the sale based on a specific sample as the determining standard, and the seller delivers the subject matter to the buyer according to the quality standards of the samples provided.

According to Article 168 of the Contract Law, the parties to the sale and purchase of samples shall seal the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

Article 169: If the buyer buying or selling on the basis of a sample does not know that the sample has hidden defects, the quality of the subject matter delivered by the seller shall still conform to the usual standards of the same kind, even if the subject matter delivered is the same as the sample.

The items provided by the seller on the basis of the sample sales contract shall meet the quality standards of the samples, and at the same time meet the product quality standards stipulated by the state, local government and enterprises.

The goods provided in the general consumer sales contract shall comply with the relevant quality standards, and where there is a special agreement, the agreement shall prevail.

First of all, the quality of the subject matter delivered by the seller under the sample sales contract is generally not reflected in the contract, but must be the same as the quality of the sample. Second, the sample should be sealed. Finally, the buyer should test the quality of the sample, and the seller should be sure that its product can meet the quality of the sample.

Article 168 of the Contract Law [Sample Sale] The parties to the sale and purchase of samples shall seal the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

Article 169 of the Contract Law [Special Liability for Sample Sales] If the buyer who buys or sells on the basis of a sample does not know that the sample has hidden defects, even if the subject matter delivered is the same as the sample, the quality of the subject matter delivered by the seller shall still meet the usual standards for the same kind of thing.

Legal analysis: Where samples are bought or sold, the samples shall be sealed, and the samples may be explained. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

The quality of the subject matter is the same as that of the sample is an agreement between the parties on the quality of the subject matter, and not that the sale is effective on the basis that the goods delivered by the seller conform to the quality of the sample.

Legal basis: Article 168 of the Law of the People's Republic of China on the Convergence of Disturbances and Sources of Huai Huai Article 168 Where samples are bought or sold, the samples shall be sealed and the samples may be explained. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

This article stipulates the basic rights and obligations of buying and selling samples. Buying and selling on samples, also known as sample trading, is a sale in which the subject matter of the sale is determined according to the sample of the goods, and the subject matter delivered by the seller shall be of the same quality as the sample and its description.

China's contract law stipulates that the parties to the sale and purchase of samples shall seal the samples and may explain the quality of the samples. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

If the buyer buying or selling on the basis of a sample does not know that the sample has hidden defects, the quality of the subject matter delivered by the seller shall still conform to the usual standards of the same kind, even if the subject matter delivered is the same as the sample.

Therefore, the subject matter delivered by the seller must at least be exactly in accordance with the samples originally displayed. In the case of concealed defects, the seller should comply with the usual standards even if the buyer was not aware of it in time.

Seller: (hereinafter referred to as Party A).

Buyer: (hereinafter referred to as Party B).

For the sale and purchase of goods, the following conditions are agreed upon by mutual agreement:

Article 1 Party B orders goods from Party A, and Party A shall deliver the same kind of goods of the same kind and quality as the samples on the same day as the contract is concluded, and Party A shall deliver them to Party B within the same day.

Article 2 If Party A cannot deliver on time or can only deliver part of the delivery, it shall notify Party B in advance to postpone the date; However, if Party B does not agree, the contract may be terminated.

If Party B suffers damage as a result, Party B may claim compensation, and Party A has no objection.

Article 3 If Party A is unable to deliver the goods on time or in full due to natural disasters or other force majeure reasons, the deadline can be postponed. However, the number of days for which it is postponed shall be agreed upon by both parties.

Article 4 The purchase and sale price shall be agreed to be RMB 1,000,000 per piece, totaling RMB 10,000,000, and the delivery shall be paid in full at the same time. If Party B does not pay a trillion feet to clear the attack, Party A can stop the delivery of the goods, and agree on a certain period of time to urge it to pay, and if it is still not delivered within the time limit, Party A can terminate the contract. Party A may also claim compensation for the damage suffered as a result.

Article 5 If Party B knows that it cannot pay within the time limit, it may notify Party A to extend the delivery date one day in advance, and if Party A does not agree, Party B can terminate the contract, and shall be liable for compensation if it causes damage to the other party.

Article 6 If the goods delivered by Party A are not the same as the samples, Party B may request to replace or terminate the sales contract, and Party A has no objection. If Party B suffers damage as a result, it may claim compensation.

Article 7 If there is any increase or decrease in the price of goods, the parties shall not claim to increase or decrease, or terminate the contract for any reason.

The contract shall be in duplicate, and both parties A and B shall hold one copy as evidence.

Seller (Party A):

Buyer (Party B):