Model text of coal purchase and sale intermediary contract 1
Party A (the entrusting party):
Party B (intermediary):
In order to make full use of the resource advantages of Party A and Party B and establish a long-term cooperative relationship, according to the Contract Law of People's Republic of China (PRC), Party A and Party B, through friendly negotiation and based on the principle of mutual benefit, unanimously agree to sign this coal sales cooperation contract according to the following terms.
I. Cooperation Matters and Specific Requirements
1. Party A shall ensure stable coal sales resources and operable transportation channels, and Party B shall, according to the information and needs provided by Party A, seek and provide opportunities and conditions for signing contracts with downstream users or provide signing media services, so as to facilitate the establishment of coal purchase and sale contracts between Party A and the buyer (hereinafter referred to as Party C), fulfill the obligations of intermediaries, and assist in supervising and promoting the effective performance of coal purchase and sale contracts.
2. When Party A and Party C sign a coal purchase and sale contract and conclude a transaction, Party A shall pay the service fee to Party B. ..
3. When the business relationship between Party A and Party C facilitated by Party B lasts for a long time, the cooperation contract between Party A and Party B will also take effect for a long time, and Party A shall continue to pay the service fee to Party B according to the business contract (master contract) between Party A and Party C until the business relationship between Party A and Party C is terminated.
4. The coal purchase and sale contract mentioned in this contract refers to the coal purchase and sale contract signed by Party A and Party C, and the name of the contract is not limited to the words "coal purchase and sale contract".
Second, the cooperation content:
Commodity name: electric coal;
Commodity quality indicators: See the purchase and sale contracts of Party A and Party C for details.
Commodity quantity: tons, subject to the purchase and sale contract between Party A and Party C;
Commodity price: subject to the purchase and sale contract between Party A and Party C;
Delivery time: subject to the sales contract between Party A and Party C;
Place of delivery: subject to the sales contract between Party A and Party C;
Mode of delivery: subject to the supply and demand contract between Party A and Party C..
Three. Fees and payment methods
1. Party A shall, within 5 days after signing the coal purchase and sale contract with Party C, pay the service fee to Party B at 1 yuan/ton according to the actual tonnage of the signed contract. The payment method of fees will be implemented in a mutually agreed way.
Bank account number:
Bank of deposit:
Company name:
2. After receiving the signing notice from Party C, Party A shall still pay the service fee specified in the terms and conditions to Party B no matter what reason Party C refuses to sign the contract. ..
3. Party A and Party B agree to cooperate for a long time, and then negotiate the service fee standard.
4. At the request of Party A, the expenses (such as catering, accommodation, etc. The expenses incurred by Party B accompanying Party A to Party C's site for inspection and docking shall be borne by Party A ... The specifications and standards of specific expenses shall be determined by Party A. ..
Four. Responsibilities and obligations of both parties
1. Both parties have the obligation to keep the information provided by the other party confidential. If either party discloses without consent, it shall be responsible for the losses of the other party and pay liquidated damages according to the standard of _ _ _ _ _.
2. Party A is obliged to provide the enterprise qualification certificate, the location of coal resources, the coal quality inspection report and other materials required for signing this contract.
3. Party B guarantees that the information provided by Party C is true and reliable and belongs to a legal enterprise. If Party B provides false information and causes losses to Party A, it shall be deemed as breach of contract, and the liquidated damages shall be paid according to the standard of _ _ _ _ _.
4. After Party A signs the contract with Party C, Party B has the obligation to cooperate with Party A to communicate and negotiate with Party C to ensure that the interests of Party C and Party A are fair.
5. The specific purchase and sale contract shall be signed separately by Party A and Party C, and Party B shall not participate in the signing of the contract. Party B shall not bear any responsibilities arising before and after the signing of the supply and demand contract between Party A and Party C. ..
6. Party A shall not bear any expenses incurred by Party B and Party C before and after signing the supply and demand contract.
Verb (abbreviation of verb) liability for breach of contract:
1. Party A shall not actively or passively contact Party C provided by Party B to conduct private transactions and refuse to pay the service fee, otherwise Party A will double indemnity Party B's service fee according to this contract.
2. Party A delays the payment of service fees and pays Party B a penalty of 0.3 ‰ of the total service fees under this contract every day.
3. All signed versions of this contract, including fax, e-mail or digital transmission, shall be regarded as legally binding documents and shall be regarded as part of the coal purchase and sale contract between Party A and Party C. ..
Invisible Verb Confidentiality Treaty
During or after the execution of this contract, Party A and Party B shall keep any terms of this contract confidential, and neither party shall disclose any contents of this contract to a third party. If any party discloses the relevant contents of this contract to a third party, it will be regarded as a breach of contract, and the confidential party has the right to investigate the relevant liability of the disclosing party for breach of contract.
Seven. Dispute mediation
Disputes arising under this contract shall be settled by both parties through friendly negotiation. If no agreement can be reached, the judgment shall be made by the people's court chosen by the plaintiff.
Eight. exceptions
Party A and Party B shall ensure that they are capable of legally signing and performing this Agreement. If this agreement is invalid or unenforceable due to the reasons of either party, the responsible party shall be liable for compensation to the other party. However, due to natural disasters, national policies and other force majeure events, Party A and Party B are unable to perform their obligations, and either party may terminate this Agreement after fulfilling its notification obligations.
Nine. Entry into force of contract
This agreement is made in duplicate, with the same legal effect, and the fax is valid. This agreement shall come into force as of the date of signature and seal by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on coal transaction intermediary contract II.
Seller (Party A):
Buyer (Party B):
Party A and Party B, in accordance with the Contract Law of People's Republic of China (PRC) and related laws, reached an agreement on specific issues of coal supply and demand through friendly negotiation, and signed this contract.
1. The term of this contract is 1 year, from June 30, 2000 to June 30, 2000. During this period, Party A shall provide coal to Party B in batches as agreed, and Party B shall pay as agreed.
2. Name, quantity, price and trading time:
Third, measure
The actual trading volume of each batch of coal under this contract shall be determined by both parties after weighing and signing the weighing sheet, and agreed in this contract.
Fourth, the delivery date.
1. Due to the particularity of the mode of transportation, there is no specific delivery date in this contract. If Party A delivers coal to the carrier for transportation within the time limit required by Party B, it shall be deemed as delivery within the time limit agreed in the contract.
2. When the single order quantity of Party B exceeds 500 tons, Party A shall be given no less than 5 days to prepare the goods.
Verb (abbreviation of verb) standard specification and rejection range
The low calorific value of each batch of coal under this contract shall be ≥ 5500mj/kg; If the calorific value of coal provided by Party A is low
Intransitive verb transportation
The mode of coal transportation under this contract is railway transportation, and the transportation matters shall be handled by Party A, and the expenses shall be borne by Party A;
Seven. place of delivery
Destination: Dazheng Town, zhuanghe city, Liaoning Province
The place of delivery of this contract is the destination, and the delivery of the goods to the destination by Party A shall be deemed as delivery. After delivery, the risks and unloading expenses of this batch of goods shall be borne by Party B, and Party B shall unload the goods within 2 days.
Eight, acceptance, quantity and quality determination
1. When coal is measured at the place of shipment, Party A and Party B shall be present at the same time to supervise the measurement handover of the carrier; The measurement and acceptance of coal arriving at the destination shall be tested and calculated by both parties at the handover site.
2. When the difference between the accepted actual quantity and the measured value at the place of shipment is within 5% of the measured value at the place of shipment, the measured value at the place of shipment is the standard quantity for settlement payment.
3. When the difference in the current paragraph exceeds 5% measured at the place of shipment, the actual loading accepted is the standard quantity for settlement payment.
Nine, the price
The basic settlement price is _ _ 800 yuan/ton, which is the duty-paid price, including freight.
During the performance of this contract, in case of transportation difficulties, both parties agree to change the mode of transportation through consultation, and the freight rate determined through consultation between Party A and the carrier company shall be taken as an integral part of the settlement price.
X. Payment settlement and payment
1. This contract will be settled in batches of coal transported by each freight train.
2. Both parties agree to adopt the following (2nd) payment method:
(1). Party B prepays the full price of each batch of coal ordered. After receiving the payment, Party A will ship the coal, and after delivery, acceptance and settlement, both parties will finally settle the advance payment.
(2) Party B shall pay 70% of the payment for each batch of coal in advance, Party A shall ship the coal after receiving the payment, and Party B shall pay the balance within 5 days after delivery, acceptance and settlement.
3. Party B shall remit the payment to the account designated by Party A. Party B shall provide Party A with copies of business license, tax registration certificate and organization code certificate. , and all the formalities and certificates required for handling tax bills.
XI。 deposit
When signing this contract, Party B shall pay a deposit of RMB 450,000.00 Yuan to Party A; Party A shall return the deposit to Party B within 5 days after the expiration of the contract term agreed in this contract.
Twelve. responsibility for breach of contract
Party A's liability for breach of contract:
1. If Party A fails to deliver the goods as stipulated in the contract, Party A shall pay Party B 20% of the total value of the coal that cannot be delivered as liquidated damages.
2. If the delivery is overdue, Party A shall pay Party B 5% of the payment for the coal in advance for each day overdue.
3. If the specifications, quality and measurement of coal issued by Party A do not meet the requirements, it shall be handled according to the provisions of the Contract Law. Party B's liability for breach of contract:
1. If Party B returns the goods midway, it shall pay Party A a penalty of 50% of the total value of the returned goods.
2. If Party B fails to pay in time, Party B shall pay Party A a penalty of 5% of the total unpaid coal price every day.
3. If Party B fails to inspect, test and receive the goods as agreed, it shall be handled according to the Contract Law. When either party breaches the contract, it shall not only bear the liability for breach of contract, but also compensate the losses caused to the other party.
Thirteen. Alteration and termination of the contract
1. During the performance of this contract, this contract can be modified or dissolved upon consensus of both parties; Before both parties reach an agreement on the modification and dissolution of this contract and reach a written agreement, both parties shall fully perform this contract.
2. During the performance of this contract, either party has the right to entrust its agent to exercise its contractual rights and complete its obligations under this contract, but it shall provide the other party with complete written authorization procedures and documents.
Fourteen exceptions
1. During the performance of the contract, both parties shall not be responsible for each other in case of force majeure such as war, blockade, riots, riots and natural disasters.
2. During the performance of this contract, if the implementation of this contract is affected by the change of government policies or the adjustment of railway operation conditions by the railway management department, both parties can be exempted from the liability for breach of contract.
3. If the quality and specifications of coal shipped by Party A are not in conformity with the contract due to weather, humidity, temperature and other reasons encountered during transportation or delivery place, Party A may be exempted from the liability for breach of contract.
4. After the occurrence of force majeure, the affected party shall inform the other party of the details as soon as possible and try its best to reduce the losses. After the termination of force majeure, both parties shall negotiate separately whether to continue to perform this contract.
Fifteen. Dispute mediation
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the court where Party A is located.
16. For matters not covered in this contract, Party A and Party B may sign a supplementary agreement through negotiation, and the supplementary agreement has the same effect as this agreement.
17. This contract shall come into effect after being signed and sealed by the legal representatives or authorized representatives of both parties.
18. This contract is made in duplicate, with each party holding one copy, with the same effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model text of coal sales intermediary contract 3
Party A:
Party B:
After friendly consultation, the two sides reached the following agreement on coal trade based on the principle of equality and mutual benefit:
Article 1 Name and quantity of coal
1. 1 coal name: coal.
1.2 quantity: ten thousand tons
Article 2 Mode of delivery
2. 1 Cash on delivery
2.2 originating station:
2.3 Arrival:
2.4 consignee:
Article 3 Quality requirements
3. 1 Coal quality requirements: The coal provided by Party B shall meet the following requirements put forward by Party A:
The total moisture mt of the received base material is less than or equal to 38.00% t.
The received basic secondary combustion calorific value Qnet, ar ≥3300kcal/kg.
The VaR of the basic volatiles received is ≥ 20.00%.
Total free radical sulfur St, ar ≤ 1.00% received.
3.2 The supplied coal shall not contain any substance that may cause accidental damage to coal unloading facilities, coal pulverizing system and coal-burning equipment.
Article 4 Quantity Determination and Quality Inspection
4. 1 quantity determination
The number of track scales shall prevail.
4.2 Quality inspection
The settlement is based on the results of quality supervision, inspection and test of Wuhai coal products when the coal arrives at the station. If Party B has any objection to the test results, both parties can settle it through consultation.
Article 5 Coal price
5. 1 standard price: refers to the one-vote price including value-added tax in full when the coal quality standard fully meets the requirements. The standard price for Party B to sell coal to Party A is RMB/ton. The price goes with the market, and the specific price is subject to the supplementary contract agreement signed by both parties after consultation.
5.2 Settlement price: refers to the full one-vote price including value-added tax when coal arrives in Hong Kong.
5.3 Basic price
5.3. 1 When the low calorific value Qnet, ar ≥3300kcal/kgjf, it shall be calculated according to the following formula:
Basic price = (actual settlement low calorific value ×0. 104 yuan/megacard) yuan/ton.
5.3.2. When the low calorific value Qnet, ar ≤3300kcal/kgjf, it is calculated according to the following formula: base price = (actual settlement low calorific value× 0.102 yuan/megacard) yuan/ton.
5.4 Quality Adjustment Price
5.4. 1 When 20.00% of basic volatilization is received, the price will be reduced 1%. Less than 1% is calculated in proportion.
Sixth coal payment settlement methods and settlement period:
The settlement methods are bank draft, promissory note, cheque and bank acceptance draft.
Article 7 Liability for breach of contract
7. 1 If Party A and Party B cheat in the sampling and preparation process, the other party has the right to impose any sanctions on the responsible party.
Article 8 Force Majeure
If one party fails to perform the contract due to force majeure factors such as earthquake, lightning, fire, flood and typhoon. The affected party shall immediately notify the other party and actively take remedial measures. Within the scope of force majeure, the parties concerned may be exempted from liability.
Article 9 Settlement of disputes
9. 1 Disputes, corrections or claims arising from inconsistent interpretation, breach of contract or termination of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, a lawsuit shall be brought to the Hongshan District People's Court according to law.
9.2 During the dispute settlement, both parties shall continue to perform other clauses of this contract except the disputed part.
Article 10 Entry into force and time limit
10. 1 This contract shall come into effect after being signed by both parties, and the validity period of the contract shall be from 20 10/0/0/0/0/0/0/0/0/0/2/30 10.
10.2 The place of performance of this contract is Wuhai.
10.3 This contract is made in duplicate, with each party holding one copy.
10.4 For matters not covered in this contract, both parties may sign a supplementary agreement.
Party A (signature): Party B (signature):
Year, month, sun, moon, sun.
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