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Contract Template: Financial Leasing Contract

2015/6/11 17:49:00 39

Contract TemplateFinancing LeaseContract

The lessor (Party A): he is the first and the second.

Address: the address is: the first, the second and the third.

Postal Code: it is: the first, the second and the third.

Tel: TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TM, TM, TM, TM, etc.

The legal representative is the following: legal, deputy, and so on.

Job title: the post office is: 1.

The lessee (Party B): he is a member of the company.

Address: the address is: the first, the second and the third.

Postal Code: it is: the first, the second and the third.

Tel: TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TK, TM, TM, TM, TM, etc.

The legal representative is the following: legal, deputy, and so on.

Job title: the post office is: 1.

Party A and B voluntarily sign the financial leasing contract (hereinafter referred to as the contract) according to the provisions of the contract law of the People's Republic of China.

Once the contract is signed, it is legally binding on both parties.

Article 1 the name of the lease item

The term "leasehold" refers to the technical equipment purchased by Party A under the purchase contract No.

Purchase of second leases

1. Party B leases and leases to Party A with the purpose of lease and purchase. Party A shall finance and purchase the leases according to the above purposes of Party B.

2. Party B shall provide Party A with all kinds of approval documents and letter of guarantee that Party A considers necessary.

3. Party B selects the leasehold and the seller and manufacturer according to their own needs, and has always participated in the ordering negotiations with Party A. under the auspices of Party A, Party B agrees with the seller on the terms and conditions of the purchase contract in the purchase contract, such as the name, specification, type, quantity, quality, technical standard, technical service and quality guarantee of the lease item; and the seller and the Buyer agree with each other on the terms and conditions of the purchase contract, such as price, delivery date and payment method; Party A is the buyer's principal, and Party B signs the purchase contract with the tenant's signature.

4. Party A shall be responsible for raising the funds needed for the purchase of the leased property, and in accordance with the provisions of the purchase contract, handle the import license, perform the obligations of paying the deposit, opening a letter of credit, chartering a ship, booking a cabin, insurance, and settling accounts.

5. Party B shall pay the customs duties, other taxes and domestic credit fees issued by banks for the purchase of leases.

Party A shall pay the sum of the amount and the interest payable to Party A within the time specified by Party A when the bank opening fee is paid by Party A.

The Renminbi interest bearing method shall be handled according to the provisions of the people's Bank of China.

Delivery of third leases

1. Party A will deliver the bill of lading to Party B after payment of the goods and obtain the bill of lading, so as to complete the delivery to Party B.

Party B shall collect the goods at the port of arrival (port of destination) by voucher.

Party B shall not reject the goods for any reason.

2. after the leasehold reaches the port of shipment, the pportation agent of the first party (the shipping company) or Party B shall handle the declaration and delivery procedures on its own.

After taking delivery, Party B is responsible for its own responsibility.

If Party B fails to pay the duties in time or the loss caused by the handling procedures, Party B shall bear the burden.

3. Party A shall not be held responsible for delayed delivery or non delivery of leases caused by non reactance, delay in pportation, unloading, customs declaration, etc.

4. the lease item shall be inspected by Party B according to the stipulations of the purchase contract, and the result of the commodity inspection shall be written to Party A within 10 days after the commodity inspection.

5. if the seller delays the delivery, the specification, type, quantity, quality and technical standard of the leased object will not conform to the content stipulated in the purchase contract or the quality problem occurs during the guarantee period of the purchase contract.

Party B shall not recourse to Party A.

6. if Party B suffers damages due to the preceding paragraph, Party B shall provide relevant evidence and claim or arbitration plan, and Party A shall claim or submit arbitration to the seller according to the requirements of Party B.

The result of claim, the result of arbitration and all the expenses involved shall be borne by Party B.

7. no matter what happens, Party B shall not exempt Party B from the obligation to pay rent on time.

Fourth contract period and repayment period

1. the term of this contract refers to the day when the validity of the lease is pferred from the date of entry into force of the contract to the receipt of all the rental and payable by Party A.

2. the term of repayment is defined as the date of commences from the date of renting (the date of arrival of the leased object on the arrival notice) to the port of arrival, and the date of the last rent payable.

Fifth rents

1. Party A shall finance the purchase of leasehold for Party B, Party B shall pay the rent to Party A.

2. the rent is the sum of the cost and the rental fee for the purchase of the leasehold.

The cost is the sum of Party A's purchase of the leasehold party and Party B's delivery, including freight, insurance premiums (including property insurance) and the fees agreed upon by the two parties unanimously in the cost and the interest before the lease (the total interest generated by the party's payment of the above expenses from the date of the payment or the date of the actual rental date).

The rental rate for calculating the rent is composed of two parts: the floating interest rate and financing fee, the risk rate and the reasonable Licha (the last three variables).

The rental rate determined on the date of signing the contract is the provisional rental rate of this contract.

The rental rate determined on the date of opening the letter of credit is fixed lease rate of the contract, fixed within the term of the lease, and the foreign exchange interest bearing method shall be handled according to the provisions of the Bank of China.

3. the "rent estimate" is a financial statement for the signing of the contract between Party A and Party B, and its rent is provisional according to the estimated cost and provisional rental rate.

The provisional rental rate of this contract is (currency:%, $/ C), and the annual rental rate.

4. the actual rent payable notice is the basis for the reimbursement of Party A's rent by Party B, and it is calculated according to the actual rental cost and the fixed rental rate within the rentals.

When calculating the actual cost, if the currency of Party A's payment is different from the currency of this contract, the currency of the cost contract shall be calculated according to the exchange rate of Party A.

Pre lease interest is calculated at fixed lease rates.

5. after the actual cost accounting is completed, Party A will issue the notice of actual payable rent to Party B.

In addition to the calculation error, Party B agrees to pay the rent to Party A in the notice, including the date, amount and currency specified in the notice, whether or not the lease item is used or not.

6. if Party B has paid the rent in advance, it will have to negotiate with Party A 30 days in advance. After Party A agrees, the rent can be paid in advance, but the interest will be increased by two months.

If Party B fails to pay the rent on time, it shall pay the delayed interest, and within 130% months of the original fixed lease rate shall be paid within one month. After a month, 5/10000 of the arrears will be charged every day.

Sixth service charge and margin.

1. Party B shall deliver to Party A within 15 days after the signing of the contract, the service fee paid to Party A.

2. Party B shall deliver the deposit to Party A within 15 days after the signing of the contract, in accordance with the provisions of the table of rent estimates (10).

The margin does not mean interest, and automatically becomes the whole or part of the rent when the first rent is due.

3. if Party B fails to pay the deposit and service charge in time, the loss caused by the purchase contract can not be executed.

Ownership and use right of seventh leases

1. within the term of this contract, the ownership of the leased property belongs to Party A.

Party B shall not pfer, sublet or mortgage the property or invest it in the third party or any other violation of the ownership of the leased property unless the written consent of Party A is obtained.

2. within the term of this contract, the right to use the leased property belongs to Party B.

If any third party claims any right for the leased property for the reason of Party A, Party A shall be responsible for it.

The right to use Party B shall not be affected.

3. during the term of this contract, Party B is responsible for the repair, maintenance and all expenses of the leases.

Party A shall have the right to inspect the use and maintenance of the leased property at the time when it thinks fit, and Party B shall provide convenience to Party A's inspection.

If necessary, the lease maintenance contract shall be signed by Party B with the seller or the original manufacturer, or signed by Party A on behalf of Party B with the seller or the original manufacturer, or by Party A on behalf of Party B with the seller or the original manufacturer.

If the parts of the leased parts are to be replaced, the parts supplied by the original manufacturer can only be replaced without the written consent of Party A.

4. all expenses and taxes incurred by the delivery of the leasehold itself and its delivery, custody, use and rent shall be borne by Party B.

5. Party B shall be liable for damages if the third party is damaged due to the lease itself, its installation, storage and use.

Loss and damage of eighth leases

1. during the term of this contract, Party B shall bear the risk of loss or damage to the leased property.

2. Party B shall notify Party A immediately if loss or damage of the leased property occurs. Party A may choose one of the following ways, Party B shall be responsible for handling and bearing all expenses.

(1) restore or repair the lease to a normal state of use;

2. Replace the same status and performance with the leased property.

3. when the leasehold is damaged or damaged to the extent that it can not be repaired, Party B shall compensate Party A in accordance with the amount of compensation for damages recorded in the notice payable in actual hire.

When Party B pays the amount of damages and other payments to Party A, it shall be dealt with in accordance with the thirteenth clause of this contract.

Ninth article

Insurance

1. from the date of the beginning of the term of the lease, Party A will insure the property of the leasehold on the basis of the CIF price of the purchase contract and the currency stipulated in this contract, and make it continue to be valid within the term of the repayment term.

The premium shall be borne by Party B and included in the actual cost.

2. after the occurrence of the accident, Party B shall immediately notify Party A and provide all necessary documents for Party A to receive the insurance money.

3. the insurance money that Party A will get will be dealt with according to one of the following principles agreed with Party B:

(1) payment as required for the eighth, second, item 1 or item 2;

(2) as eighth, third and other Party B's payment to Party A.

If the insurance money is not enough to cover the money mentioned above, it shall be complemented by B.

Tenth violation of this contract

1. if Party A fails to fulfill the obligations stipulated in the second clause and fourth paragraph of this contract, the seller will overdeliver the leased property, and the interest paid by Party A during the overdue period shall be borne by Party A.

2. if Party B fails to pay the rent or violate other provisions of this contract, Party A shall have the right to require Party B to pay the rent and other expenses immediately, or to recover the leased property on its own disposal, and the proceeds shall be borne by Party B for the rental and the delayed interest, and the insufficient part shall be compensated by Party B.

Although Party A adopts the foregoing measures, it does not exempt Party B from other obligations stipulated in this contract.

Eleventh pfer and mortgage of Party A's rights

During the term of this contract, Party A has the right to assign the whole contract or part of the rights of the contract to the third party, or to provide the leasehold as collateral, but shall not affect the rights and obligations of Party B under this contract.

Handling of twelfth major incidents

1. Party B must notify Party A immediately if there is any closure, shutdown, merger, separation and bankruptcy. Party A can take the measures stipulated in Clause tenth of this contract immediately.

2. the change of the legal address and legal representative of Party B and the guarantor shall not affect the execution of this contract, but Party B and the guarantor shall notify Party A in writing immediately.

Transfer of ownership of thirteenth leases

Party B will pay all the rents and other payments to Party A, and then pay the residual value of the leased property to the Party A (RMB). Party A will issue a certificate of ownership pfer to Party B from Party A, and the ownership of the leased property will be pferred to Party B.

Fourteenth guarantees

Party B entrusts the guarantor and guarantor of Party B to issue an irrevocable letter of guarantee for rent to Party A.

Please refer to appendix two to the contract.

Party B is responsible for forwarding the copy of the contract to the guarantor.

Fifteenth article

dispute

Solution

All disputes concerning this contract shall be settled by consultation between Party A and Party B in accordance with the contents stipulated in this contract.

1. submit arbitration to the contract arbitration committee.

2. bring a lawsuit against the people's Court of the city.

Sixteenth article

contract

Modification and supplement

Any amendment, supplement or modification of this contract shall be executed in writing in the form of a legal representative or authorized agent of both parties, and shall be an integral part of this contract and shall have the same effect as the original contract.

The seventeenth indispensable part of the contract.

1. financial leasing authorization

2. irrevocable letter of guarantee for rent

3. purchase contract

4. rent estimates

5. notice of actual hire payable

6. Party B's approval documents and supporting materials.

The eighteenth entry into force of this contract.

This contract shall enter into force after signature by the representatives of Party A and Party B or by the authorized agent.

This contract is made in two copies, each party holding one.

Party A: the first party, the first, the second and the third.

The representatives: the people, the people and the people.

This is the year of the year.

Party B: it will be in the following areas:

The representatives: the people, the people and the people.

This is the year of the year.


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