Party A: (hereinafter referred to as Party A) Party B: (hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC), the Food Safety Law of People's Republic of China (PRC) and the Special Provisions of the State Council on Strengthening the Safety Supervision and Management of Food and Other Products, Party A and Party B sign this contract on the principle of equality, mutual benefit and consensus, for mutual compliance.
1. Product name, specification, unit and quantity.
Please refer to the purchase list of Party A for the product name, specification and quantity purchased under this contract.
Second, product quality standards
1. If the product provided by Party B has outer packaging, it must indicate the product name, ingredient list (single product is exempted), net content, name and address of manufacturer and operator, production (or sub-packaging) date, shelf life or storage period and product standard number; Without outer packaging, it is necessary to ensure that the goods are clean and hygienic, free from impurities and insects, dry and fresh, and the quality of the goods is intact;
2. The products provided by Party B shall not have * deterioration, rancidity of oil, mildew, moth-eaten, dirt, impurities or other substances with abnormal sensory properties that are harmful to human health;
3. The products provided by Party B shall not contain pathogenic parasites, microorganisms or microorganisms exceeding the national standards;
4. The products provided by Party B shall not be adulterated, adulterated or forged, which will affect nutrition and hygiene;
5. The product packaging provided by Party B shall be subject to the original factory standard of Party B;
6. In principle, the products supplied by Party B shall be packed in cartons. If special packaging is required according to the nature of the goods, weather conditions and transportation requirements, Party B shall adopt special packaging, and the packaging expenses shall be borne by Party B;
7. Party B's packaging of the goods must be suitable for long-distance transportation, repeated handling, loading and unloading, moisture-proof, rain-proof, mildew-proof, rust-proof, corrosion-proof and shock-proof, and ensure that the goods are still intact when they arrive at the mine;
8. Party B shall be responsible for recycling packaging materials;
9. Party B shall be responsible for the loss or damage of the goods caused by improper packaging.
Three. Obligations and rights of both parties
(1) Party A's responsibilities:
1. Party A sends Party B a _ _ _ day purchase list the day before, and the contents of the order shall include product name, specification, measuring unit, quantity, delivery time and delivery place, which shall be signed by the designated person in charge and delivered to Party B, and Party B shall supply the goods after receiving the order confirmation;
2. The canteen shall conduct quality inspection on the purchased ingredients, and notify Party B in writing or by telephone within _ _ _ days from the date of receipt if the product quality is found to be not in conformity with the regulations. Party B shall exchange or return the goods.
3. Party A shall not raise any objection to the decline of product quality due to improper storage and custody;
4. If Party B has any of the following circumstances, Party A has the right to confiscate the contract performance payment:
(1) Interrupt the performance of the contract at will;
(2) The goods cannot be delivered in time (24 hours later than the delivery time specified by Party A).
(II) Party B's responsibilities
1. The merchants identified as designated procurement suppliers can only provide goods of the specified project, and cannot supply goods across projects, otherwise they will be disqualified;
2. The products provided by Party B must be products that have been inspected by the quality supervision and management department and obtained the certificate. When providing each batch of products, copies of commodity quality certificates, product quality inspection reports or quarantine reports shall be submitted;
3. Party B shall ensure that the products provided are qualified and safe. Once fake and inferior products, fake and inferior products or substitute products are found, Party B shall bear all legal responsibilities;
4. The products provided by Party B must pass the sensory inspection, appearance inspection and trial inspection of the canteen inspector. If the appearance, packaging and form of the product do not meet the requirements, and the sensory inspection does not meet the food hygiene requirements, it shall be rejected immediately; When Party B fails to meet the requirements of food quality, quantity and after-sales service, Party A has the right to punish or terminate the contract;
5. Party B must deliver the goods on time according to the time, quantity, variety, quality requirements and agreed price notified by Party A's canteen management personnel, and sign for confirmation after acceptance. No excuse can be shirked. Once the normal operation of the canteen is affected, Party B shall bear the corresponding economic compensation;
6. If Party B fails to meet the supply requirements, it shall notify Party A 1 month in advance, and the contract can be terminated only after Party A agrees;
7. In case of food poisoning and other accidents caused by product quality problems, Party B shall bear the economic compensation responsibility and other legal responsibilities;
8. When conditions permit, Party B shall show the product inspection certificate;
9. Party B shall strictly abide by the Food Hygiene Law, the Animal Quarantine Law and other relevant laws and regulations. Once the quality of the supplied products is found to be unqualified, the supplier qualification will be cancelled and all the performance bond will be confiscated, and the economic and legal responsibilities arising therefrom will be borne by Party B..
Fourth, the mode of transportation and the cost burden.
1. The mode of transportation shall be decided by Party B independently, so as to ensure the timely and safe delivery of the goods to the delivery place;
2. Party B shall be responsible for the transportation of products and bear all transportation expenses (including all miscellaneous expenses such as loading and unloading);
3. Party B shall be responsible for all transportation risks and accidents.
Verb (abbreviation of verb) delivery place, method and time
1. The delivery time of Party B shall be stipulated by Party A, subject to the unpacking acceptance of the last batch of products at the designated arrival place;
2. Party B shall deliver the goods according to the order requirements determined by Party A. Party B shall notify Party A of the product name, specifications, details, number and weight in writing two hours before the arrival of the goods, so as to do a good job in receiving and inspecting the goods. If Party B fails to notify Party A in advance when delivering the goods, Party A has the right to refuse to receive the goods and is not responsible for keeping the goods;
3. Party B is responsible for transporting the goods to Anhui XX Group (located in Tianda XX Anhui XX, Science Avenue, High-tech Zone, _ _ _) and unloading them to the place designated by Party A;
4. The ownership of the goods purchased by Party A shall be transferred from Party B to Party A at the place of delivery from the time of delivery;
5. If Party A refuses to receive the goods before Party A receives them or because of Party B's reasons, the risk of damage or loss of the goods shall be borne by Party B..
Intransitive verbs pay for goods.
1. After the products provided by Party B are accepted by Party A, Party B shall provide a complete invoice and submit it in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Settlement by bank transfer;
3. Party A only pays payment to Party B, and does not accept payment to other units or individuals;
4. If Party B should pay liquidated damages, compensation or other funds to Party A, Party A has the right to directly deduct them from the funds payable to Party B. ..
Seven. Alteration and termination of this contract
1. Either party shall notify the other party in writing ten days in advance if it needs to change or terminate this contract;
2. Either party must give a written reply within three working days after receiving the written notice that the other party needs to change or terminate this contract, otherwise it will be regarded as accepting the other party's request;
3. If Party B finds that Party A has closed down, gone bankrupt, suffered serious losses or failed to settle the payment as agreed, Party B has the right to stop supplying and ask Party A to pay the payable amount immediately;
4. The modification of the contract must be agreed in writing by both parties through consultation. When the contract is terminated, both parties must settle all the money before the contract can take effect;
5. Anything done by Party B's business personnel without the written authorization of the company is invalid.
Nine. responsibility for breach of contract
1. If Party B fails to deliver the products within the agreed time limit, it will be fined Wu Bai dollars every day for every _ _ days overdue, and the total fine shall not exceed10% of the total payment;
2. If Party B fails to pass the substantive acceptance of Party A within the agreed time limit, Party B will be fined Wu Bai dollars per day for every _ _ days overdue, with the total amount of the fine not exceeding 65,438+00% of the total payment;
3. The above liquidated damages can be accumulated. If the liquidated damages are insufficient to make up for the losses of the observant party, they shall be made up.
X. Methods of dispute settlement
In case of any dispute during the performance of the contract, both parties shall settle it through friendly negotiation; If negotiation fails, bring a lawsuit to the people's court where Party A is located.
XI。 Other agreed matters.
1. For matters not covered, both parties shall negotiate to form a supplementary agreement;
2. Without the unanimous consent of both parties, neither party may change the contract (except the supply quantity). Any change to the text or annex of this contract must be made in writing, detailing the impact of the change on the price, acceptance date and other important matters of this contract, and signed and sealed by both companies;
3. As an integral part of this contract, the annex has the same effect as this contract;
4. The address recorded in this contract is the true and effective address of both parties. If one party's address changes, it shall notify the other party within _ _ _ _ days.
Twelve. This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Thirteen. This contract is made in octuplicate, with two originals and six copies, and shall come into effect after being signed and sealed by both parties.
Name: Address: Legal Representative: Authorized Agent: Date:
Name: Address: Legal Representative: Authorized Agent: _ _ Date:
Article 2 202 1 Sample Food Purchase Contract
Party A (Buyer): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Through negotiation between Party A and Party B, Party A orders the following goods from Party B, and through negotiation between both parties, this contract is specially ordered to clarify the rights and obligations of both parties, and both parties shall abide by it.
I. Name, Quantity and Price
1. Product name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Quantity and price: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Total price: RMB _ _ _ _ _ _ _.
2. Party B must supply food in time according to the requirements of food name, specification and quantity specified by Party A. If the food supplied by Party B does not meet the requirements, Party A has the right to return it immediately.
3. The hygiene, quality and packaging of the food provided by Party B must meet the requirements of the Food Hygiene Law of People's Republic of China (PRC). If Party A suffers from food poisoning and other food safety accidents due to food quality problems, Party B shall bear all legal and economic responsibilities.
4. Party B is obliged to provide Party A with relevant food materials, copies of business licenses of food production enterprises, copies of hygiene licenses, food inspection reports, etc.
Verb (abbreviation for verb) Delivery method, time and place:
The dosage plan proposed by Party A shall be submitted to Party B, and Party B shall deliver it to the delivery place designated by Party A according to the name and quantity specified in the plan within ten days after receiving the supply notice from Party A. ..
Settlement method of intransitive verbs: Party A shall pay the full amount in one lump sum on the day when Party B's arrival is qualified.
7. This contract is made in duplicate, one for each party, and shall come into effect after being signed and sealed by both parties.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 202 1 Sample Food Purchase Contract
Party A (purchasing unit): ———, Tel: Party B (supplier): ——, Tel:
According to the bidding result of the procurement project of dapu county Government Procurement Center 1, Party A and Party B reach an agreement through consultation, and hereby conclude this contract for both parties to abide by:
Article 1 Contents and transaction price of goods purchased by Party A: (unit: RMB)
Name, specification, model, quality, standard quantity and transaction price (RMB)
Total (in words) ￥
Free distribution of items:
Party A will not pay any extra fees.
Article 2 Quality and technical standards of articles, after-sales service of Party B and damages.
1. The quality and technical standards of the goods shall be implemented in accordance with the standards stipulated by national laws and regulations, the technical standards required by the bidding documents and Party B's bidding documents.
2. Party B shall provide warranty and other free services according to the manufacturer's warranty regulations and the services specified in the bidding documents. However, normal and reasonable losses shall be borne by Party A. ..
3. Response time of Party B's after-sales service:. Otherwise, Party A can organize maintenance by itself, and the expenses shall be borne by Party B, which can be deducted from the payment for goods and other payables paid to Party B. ..
4. If Party A suffers losses due to the quality problems of Party B's goods, Party B shall compensate it.
Article 3 Delivery and Acceptance
1. Delivery time:; Place of delivery:.
2. Party B is responsible for the transportation, installation, debugging and basic operation training of the goods until the goods can be used normally; Be responsible for providing relevant materials such as instructions for the use of articles; And bear all the expenses arising therefrom.
3. Acceptance time: Party A must organize the acceptance within working days after Party B submits the acceptance application. After the acceptance, Party A shall issue an acceptance report.
4, acceptance criteria:
1) Complete certificates: necessary certificates such as product certificate (or quality certificate), instruction manual, warranty, invoice, etc.;
2) The quality meets the requirements of national laws and regulations, bidding documents and bidding documents.
Article 4 Payment settlement
1. Settlement basis: purchase contract, sales of Party B and acceptance report of Party A.
2. Settlement method:
Article 5 Party B's liability for breach of contract:
1. If Party B fails to deliver the goods, Party A will not pay Party B. Party B shall pay Party A the liquidated damages equivalent to 10% of the undelivered part;
2. If the variety, quantity, specification and quality of the goods delivered by Party B do not meet the requirements of national laws, regulations and this contract, Party B shall be responsible for repairing, replacing or returning the goods, and bear the actual expenses arising therefrom;
3. If Party B fails to deliver the goods on time, it shall pay 0.5 ‰ of the liquidated damages to Party A every day on the basis of the overdue payment, and bear the losses suffered by Party A as a result.
Article 6 Party A's liability for breach of contract:
1. If Party A fails to pay in time, it shall pay 0.5 ‰ of liquidated damages to Party B every day;
2. If Party A refuses to accept the goods in violation of the contract, it shall bear the losses caused to Party B. ..
Article 7 Force Majeure
If either party is unable to perform the contract due to force majeure, it shall promptly notify the other party of the reasons for its inability to perform or its inability to fully perform, so as to reduce the possible losses suffered by the other party. After obtaining the certificate from the relevant authorities, it is allowed to postpone, partially perform or not perform the contract, and may be exempted from the liability for breach of contract in part or in whole according to the circumstances.
Article 8 Settlement of disputes
1. In case of any dispute over the quality of goods, the technical unit designated by laws and relevant regulations shall conduct quality appraisal, and both parties shall unconditionally obey the appraisal conclusion;
2. Any dispute arising from the execution of this contract shall be settled by both parties through consultation in time. If negotiation fails, either party may bring a lawsuit to the people's court where the contract is signed.
Article 9 Supervision and management
1. After the conclusion of the contract, if both parties need to change the substantive terms of the contract or conclude a supplementary contract through consultation, they should first obtain the consent of the government procurement supervision and management department and submit it for the record.
2. Party A and Party B shall consciously cooperate with the relevant supervision and management departments to supervise and inspect the performance of the contract, truthfully reflect the situation and provide relevant information; Otherwise, the relevant units and parties will be punished in accordance with relevant regulations.
Article 10 Invalid contracts
If Party A and Party B are declared invalid for violating the procurement law and relevant laws and regulations, all responsibilities shall be borne by the party at fault.
Article 11 Supplementary Provisions
1. The tender documents, bid-winning notice, tender documents and clarification documents of the procurement project of dapu county Government Procurement Center 1 are all integral parts of this contract, and both parties must fully abide by them. If there is any violation, it shall be liable for breach of contract.
2. This contract is made in triplicate, with Party A, Party B and dapu county Government Procurement Center holding one copy respectively.
3. This contract shall come into effect as of the date of signing.
4. Accessories:
Buyer (Party A): Supplier (Party B):
Legal representative:
Authorized Agent: Authorized Agent:
Bank of deposit: Bank of deposit:
Account number: Account number:
Tel: Tel:
Signature address:
Signing time: year month day