English Translation] SALES & PURCHASE of CONCRETE CONTRACT
[English
Translation]
SALES
& PURCHASE of CONCRETE CONTRACT
The
Buyer: CHINA
RAILWAY CONSTRUCTION GROUP,
BEIJING SOUTH STATION BRANCH
The
Seller: BEIJING
XIN AO CONCRETE CO., LTD.
DATE:
____________,
_____year
SALES
& PURCHASE of CONCRETE CONTRACT
The
Buyer: CHINA
RAILWAY CONSTRUCTION GROUP
BEIJING
SOUTH STATION BRANCH
The
Seller: BEIJING
XIN AO CONCRETE CO., LTD.
This
contract is prepared in accordance with "People's Republic of contract law"
and
the relevant laws and regulations, pursuant to the principles of equality and
mutual benefit. This contract clarifies the rights and obligations of buyers
and
sellers, by mutual consensus.
Term
1 The
Price of Concrete
Serial Number
|
Concrete Intensity Grade
|
Price (Yuan/m3)
|
||
1
|
C10
|
209
|
||
2
|
C15
|
224
|
||
3
|
C20
|
239
|
||
4
|
C25
|
254
|
||
5
|
C30
|
268
|
||
6
|
C35
|
283
|
||
7
|
C35
S8
|
298
|
||
8
|
C35
S10
|
298
|
||
9
|
C35
underwater
|
290
|
||
10
|
C40
S8
|
310
|
||
11
|
C40
S10
|
310
|
||
12
|
C45
|
314
|
||
13
|
C50
|
330
|
||
14
|
C10
Pisolite concrete
|
229
|
||
15
|
C15
Pisolite concrete
|
244
|
||
16
|
C20
Pisolite concrete
|
255
|
||
17
|
C25
Pisolite concrete
|
269
|
||
18
|
Motor
pump pumping
|
24
|
||
19
|
Stationary
pump pumping
|
15
|
Above
prices are fixed , if there need to add admixture or additional costs in winter
construction, both parties will negotiate it accordingly.
Term
2 The
Contract Price and Payment Method
Payment
method and time: The accounts will be settled monthly by contract billing
measurement methods. On this month, buyer will pay 80% of clear accounts caused
on last month, after passing the acceptance check of the concrete structure
of
South Station, the buyer will pay the remaining 20%.
2
Term
3 Measure
Project
quantity refers to blue-prints quantity which deduct the volume of rebar (no
wear down); If there are several construction teams from different company
would
cross-pouring concrete in a section of construction, project quantity will
be
reckoned in accordance with the following way: The section of the construction
blue-prints quantity X the number of pump every supplier / total number of
pump
(blue-prints quantity refers to project quantity that deduct the volume of
rebar
without adding wear down).
Term
4 The
Time and Place of Supply
After
having receipt of the buyer’s "Concrete Supply notice" (see Appendix I), the
seller should deliver the concrete to the designated locations according to
the
buyer’s specific time. Annex I is a component of this contract.
Term
5 Inspection
and Acceptance
The
method of Inspection: Completed inspection.
The
time
of Inspection: Goods delivered on site.
The
designated inspector buyer: By
the
common acceptance of The Land and Building Division and the Department of Safety
and Quality.
The
designated inspector of the seller:_____________________________.
Term
6 The
Obligations of Both Sides
6.1
The
Buyer’s Obligations
6.1.1
According to the contract, the buyer will pay seller for the supply of
ready-mixed concrete.
6.1.2
Complete the preparations before the supply of ready-mixed
concrete.
6.1.3
For
big volume of concrete pouring, the seller should inform the buyer about
location, time, grade, quantity and the specific technical requirements of
the
concrete 4 hours before in written.
6.1.4
The
buyer should be responsible for inspection work about quality, and provides
the
conservation for the concrete which has been poured.
6.2
The
Seller's Obligations
6.2.1
Supply concrete according to the buyer’s standards about quality and
quantity.
6.2.2
Supply concrete according to the buyer’s given time.
6.2.3
Provide proof of concrete such as material’s quality certification, open
identification and experiment (or test) report, certification and retest
report.
6.2.4
Assign the test staff to the scene to control collapse, workability, mobility,
and pouring only after each target qualified.
6.2
.5
Before each batch of supply, provide test reports about concrete mix, cement,
gravel, yellow sand, admixture, factory quality certificates, and other relevant
technical information available, make three copies for each report which printed
out by laser printer.
3
6.2.6
In
the course of ready-mixed concrete supplying, due to special circumstances
that
make seller could not continue to deliver normaly, the seller should inform
the
buyer in written within 1 day from the day that the situation
happened.
6.2.7
Should ensure that vehicles entering and leaving the construction site will
not
cause pollution, vehicles and personnel should be subject to the buyer’s
management, and conscientiously abide construction site safety civilization
construction management requirement issued by the South Station.
Term
7 Breach
of Contract Responsibility
7.1
Breach of Contract Responsibility of the Buyer
7.1.1
Due
to a lack of preparation, the buyer makes transportation vehicle keep waiting
over 1 hour, cause the concrete scrapped, the buyer should pay the actual
compensation to the seller.
7.2
Breach of Contract Responsibility of the Seller
7.2
.1
Because could not supply the quality and quantity of concrete upon required
by
buyer, the seller therefore will compensate for the losses to the buyer: If
the
seller still can not reach the standard defined in the contractual agreement
within a specified period, the buyer has the right to terminate this contract,
and will deduct the unpaid amount of remaining of the project according to
the
contract.
7.2.2
Did
not supply concrete according to the buyer’s given time, the seller should pay
compensation to the buyer; after reminding within 1 day, still could not supply
on time.
7.2.3
Did
not provide all documents, the seller should pay the buyer with compensation
of
5% of the total of supply which could not be provided with
documents.
7.2.4
Did
not supply the concrete required by buyer, and not contractual notify the buyer,
therefore bear the losses caused to the buyer, the buyer has the right to
terminate this contract and will deduct the unpaid amount of remaining of the
project according to the contract.
7.2.5
If
construction structure is failure which is caused by concrete quality problem,
seller will responsible for the buyer all the costs by re-doing, if such problem
result in the delay of the project, the seller will pay buyer RMB 100,000 Yuan
as compensation for the delay.
Term
8 Disputes
8.1
In
the event of a dispute during the performance of the contract , the two sides
should resolve disputes through consultation;
8.2
Following below the second (2) method if the consultation can not solve the
disputes:
4
(1)
to
apply arbitration to____ Arbitration Committee;
(2)
to
prosecute to the Yanqing
People's
Court.
Term
9 Force
Majeure
9.1
The
scope of force majeure, including: a result of war, turmoil, no air flight
that
crashed or other non-seller and non-buyer bought the responsibility of the
explosions, fires and other natural disasters.
9.2
One
party as a result of force majeure unable to perform the contract, will not
assume responsibility for breach of contract, but should promptly notify the
other party.
9.3
After
one party delay to perform the contract, the occurrence of force majeure will
not be an excuse for waiving the party’ responsibility for breaching of the
contract.
Term
10 A
contract, will be entered into between the buyer and seller about about goods
and technical requirements, which is with both signature and stamp, will has
the
same effectiveness with the current contract.
Term
11 The signing location of this contract: Project
site of Beijing South Railway Station
Term
12 After
sealing and signing this contract is to be effective.
Term
13 This
contract has 7 copies, the seller has 2 copies and the buyer has 5
copies.
Term
14 The
outstanding issues of this contract will be further discussed by the two sides.
The
seller(common seal):
|
|
Principal:
|
Principal:
|
Agent
principal:
|
Agent
principal:
|
Phone
NO.:
|
Phone
NO.:
|
Bank:
|
Bank:
|
Account:
|
Account:
|
Post
NO.:
|
|
Date:
|
Date:
|
5