Government Purchase Product Sales Contract
Government
Purchase Product Sales Contract
This
contract is signed by and between Shenzhen
Hengtaifeng Technology Co., Ltd. (“Seller”)
and Shijiazhuang
Housing Fund Center
(“Buyer”) in accordance with No. HBTD-07031 bidding document, “Tendering and
Bidding Letter” and Bidding Notice. The two parties hereto agree to undertake
all obligations and commitments under the “Contract Law of People’s Republic of
China”.
SECTION
1.
Goods:
Name, Model No. and Quantities (See attachment 1)
SECTION
2. Price
Total
price: RMB2,983,880
SECTION
3. Technology Requirements
1.
|
Technology
specifications of the goods provided to buyer shall comply with that
in
bidding document and “Tendering and Bidding
Letter”.
|
2.
|
For
detailed technology specifications please see attachment
2.
|
SECTION
4. Time and place of delivery
1.
|
Time:
within 25 days from taking effect of the
Contract
|
2.
|
Place:
Machine Room of Shijiazhuang Housing Fund Management
Center
|
3.
|
Recipient:
Shijiazhuang Housing Fund Management
Center
|
SECTION
5. Inspection and accept of goods
1. |
The
Seller shall supply the goods with configurations in compliance with
“Tendering and Bidding Letter”.
|
2. |
Packaging
of the goods shall be free from damage when delivery, technology
specifications shall remains good
condition.
|
3. |
Accessories,
instructions and warranty card shall be
complete.
|
4. |
After
inspection and accept, the Buyer shall fill in the inspection and
accept
report, which will act as evidence for
payment.
|
5. |
The
Buyer shall have the right to reject the goods if the seller breaches
any
above item.
|
SECTION
6. Payment Method
1.
|
25%
of the total price or equals to 2,983,880 x 25% = RMB745,970 shall
be paid
by buyer within five working days from the date signed this
contract;
|
2.
|
70%
of the total price or equals to 2,983,880 x 70%% = RMB2,088,716 shall
be
paid by buyer within seven working days after installation and
commissioning of the machines;
|
3.
|
Remained
5% or equals to 2,983,880 x 5% = RMB149,194 shall be paid by buyer
after
the good running of the machines for three
months.
|
SECTION
7. Training and After-sales Services
1.
|
Technology
training
|
1)
|
Seller
agrees to provide training for three persons for buyer. In case that
any
personal changes happened in users, seller shall provide training
for
users for free.
|
2)
|
Training
period: three days.
|
3)
|
All
above training is conducted for
free.
|
2.
|
Installation
and Commissioning
|
Seller
shall conduct on-site installation, commissioning and training for user within
two working days after receiving the notice from user.
3.
|
Repair
and Maintenance
|
Warranty
period: three years from the date of inspection and accept the goods (including
parts replacement and maintenance). The warranty period shall be not shorter
than that of manufacturer.
SECTION
8. Obligations of each party
1.
|
Buyer
shall provide relating technology consultancy, personal, facilities,
electricity and waters for seller in consideration of on-time
delivery.
|
2.
|
Buyer
shall pay for the goods to seller in time in accordance with the
contract.
|
3.
|
Seller
shall supply the goods to buyer in time in accordance with the
contract.
|
4.
|
Seller
shall strengthen the management on personal to avoid of interfere
ordinary
working of buyer.
|
5.
|
Seller
shall respect buyer’s working and resting schedule. During delivery (or
construction) period, the seller shall not influence ordinary affairs
of
buyer, decrease pollution such as packaging wastes, noise, and clean
the
working site.
|
SECTION
9. Transfer of Contract
Seller
is
not allowed to transfer the whole or part of the contract to any third party,
otherwise buyer has the right to reject payment.
SECTION
10. Breach of the Contract
1.
|
Two
parties mutually agree that failure to implement the responsibilities
of
the contract is the breach of this contract and in the event of such
breach, defaulting party shall pay for other party.
|
2
2.
|
In
case that seller delays to supply the goods, seller shall pay for
breach
or buyer has the right to terminate the
contract.
|
3.
|
If
the seller overdue delivery, the seller shall pay for penalty to
the buyer
by 0.003% of the total outstanding price per
day.
|
4.
|
If
the buyer overdue payment without reasonable reason, the buyer shall
pay
for penalty to the seller by 0.003% of the total outstanding price
per
day.
|
5.
|
If
the above penalty could not cover actual loss, the party with loss
could
ask for compensation from the other party which shall not exceed
10% of
total price.
|
6.
|
If
either party defaults by force xxxxxx, it will not bear default
responsibility while force xxxxxx is in compliance with Contract
Act of
P.R.C.
|
7.
|
If
seller delays delivery or fails to deliver due to force majeure,
or if the
buyer can not pay for the goods due to force majeure, under these
conditions, the two parties shall not undertake breach item and settle
through negotiations by two
parties.
|
SECTION
11. Effectiveness of the Contract and others
1.
|
The
contract will take effect after two parties sign and
signature.
|
2.
|
The
parties hereto agree that this contract shall be governed by “Contract Law
of People’s Republic of China”.
|
3.
|
No
amendment or modification of this Agreement shall be valid unless
made in
writing and signed by each of the parties
hereto.
|
4.
|
The
parties irrevocably and unconditionally agree that the exclusive
place of
jurisdiction for any action, suit or proceeding relating to this
Contract
shall be in Shijiazhuang Arbitration
Commission.
|
5.
|
This
Contract shall be prepared in sextuplicate, and each party keeps
two
copies, respectively. Purchase agent and government purchase regulating
institution keep one copy,
respectively.
|
Buyer:
Shijiazhuang
Housing Fund Center
Address:
Xx.00, Xxxxxx Xxxx Xxxx, Xxxxxxxxxxxx
Trust
Agent:
Tel:
0000-00000000
Date:
May
28, 2007
Seller:
Shenzhen Hengtaifeng Technology Co., Ltd.
Address:
Xxxx
000,
Xxxxxxxxx Xxxxxxxx X, Xx.0 Xxxxxxxxx Xxxx, Science and Technology Park, Nanshan
District, Shenzhen City
Trust
Agent:
Tel:
0000-00000000
Date:
May
28, 2007
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