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Go to 91 Rental Network and take a look, there are all kinds of machinery contracts on it.
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Legal analysis: It should be signed in accordance with the relevant regulations, and the content of the contract is mainly clear: the name of the equipment, specifications, quantity, ** and the time and place of delivery; performance, technical requirements and quality assurance of the equipment; payment methods and related fees; Liability for breach of contract and other precautions, etc.
The equipment purchase contract should have detailed provisions to change, including the contract number, the information of the buyer and the seller and the time of signing the nuclear dismantling location, but also to indicate the name of the equipment, brand, model, origin, manufacturer, technical standards, quality standards, and the way of payment, as far as possible to protect their interests will not suffer any losses under the permission of relevant laws and regulations.
Legal basis: Article 119 of the Civil Code of the People's Republic of China A contract established in accordance with law shall be legally binding on the parties.
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Legal analysis: The machine sales contract should contain the following contents: information on both parties; sale and purchase matters; the amount of the transaction; payment methods; Machine warranty, return and exchange; liability for breach of contract; Signature of both parties; Signing dates and more.
Legal basis: Civil Code of the People's Republic of China
Article 469:The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly expressed in electronic data interchange, e-mail, etc., and can be accessed at any time for reference, shall be regarded as written by Lu Huixun.
Article 470:The content of the contract shall be agreed upon by the parties, and shall generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, 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.
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Legal analysis: 1. Relevant information of both parties; 2. The name of the subject matter; 3. The quantity of the subject matter; Fourth, what is the quality of the subject matter; 5. The price of the contract, the time and method of payment of the price; 6. Other matters that the parties shall agree on; 7) Liability for breach of contract; 8. Dispute Resolution.
Legal basis: Article 596 of the Civil Code of the People's Republic of China 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, settlement methods, the words used in the contract and its effect.
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The following aspects must be paid attention to when formulating the written contract for machinery leasing. First, the basic information of the lessee and the lessor must be written clearly, and simple methods such as abbreviations and abbreviations should not be used to replace the hall. Second, the manufacturer, name, specification and model, lease quantity, lease term, lease location, and delivery amount of the leased machinery should be clearly expressed.
Thirdly, the rights and obligations of both parties to the lease, the need for relevant qualification certificates and the continued demand for installation and operation, or which party shall bear the problems such as wear and tear on the machinery during use, and how to remedy the breach of contract need to be reflected in the contract. Fourth, once disputes and disputes arise, they should be resolved through negotiation or through legal channels to safeguard legitimate rights and interests. In addition to the above aspects, other parties in need can jointly negotiate and write into the contract, which will take effect once both parties have sealed and signed.
Article 760 of the Civil Code of the People's Republic of China [Ownership of Leased Objects Invalid in Financial Leasing Contracts] If the financial lease contract is invalid and the parties have an agreement on the ownership of the leased object under such circumstances, the agreement shall be followed; If there is no agreement or the agreement is not clear, the leased property shall be returned to the lessor. However, if the contract is invalid due to reasons attributable to the lessee, and the lessor does not request the return or the utility of the leased property will be significantly reduced after return, the ownership of the leased property shall belong to the lessee, and the lessee shall give reasonable compensation to the lessor.
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Legal Analysis: Section 1.
1. It is the information of the lessor and the lessee of the bridge, that is, the basic information of both parties A and B; Clause.
Second, it is the situation of the machinery, such as the manufacturer of the machinery, the name of the machinery, specifications, models, quantities and lease periods, etc. Clause.
3. The rights and obligations of both parties, such as the machinery needs to be installed and operated by personnel with relevant qualifications, or if an accident occurs, which party will bear the losses caused by it, and how to remedy the breach of contract. Clause.
Fourth, it is a way to resolve disputes, for example, if there is a dispute between the two parties of the lease, it should be resolved through negotiation or through litigation and arbitration.
Legal basis: Civil Code of the People's Republic of China
Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not use the written form and cannot confirm the lease period of more than six months, the written form shall be adopted. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an irregular lease.
If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.
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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.