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Advance Fund Agreement Contract
Nowadays, agreements are used more and more frequently, and signing agreements can more effectively restrain breach of contract. Want to write an agreement but don’t know who to ask? Below are 3 advance capital agreement contracts that I compiled for you. I hope they can help you. Advance Fund Agreement Contract Part 1
Tianjin ******** Co., Ltd.’s Agent
************** Sales Company Advance Fund Agreement< /p>
Party A (investor): ************ Trading Co., Ltd.
Party B (borrower): ********** *****Sales Company
After friendly negotiation between the two parties, the following agreement was reached:
1: Due to the need for capital turnover, Party B specifically requires Party A to advance RMB on its behalf*** * A total of 10,000 yuan will only be used to pay **** advertising fees. The funds are for exclusive use and may not be used for other purposes.
Two: Party B must hand over this advance advertising project contract to Party A.
Three: The period for advance funds is from day, month, year to day, month, year. Party B is responsible for transferring the money to the account designated by Party A when it expires. If Party B fails to return it to Party A within the time limit due to Party B’s reasons, Party B will pay as usual. In addition to the interest on the advanced funds, a penalty of 0.5% of the total amount of funds advanced will be paid to Party A every day until the full amount of funds advanced is returned to Party A.
IV: If Party B deliberately conceals the truth of the advance funds for the purpose of illegal possession, causing Party A to be unable to recover the advance funds normally, Party A will in accordance with the relevant laws and regulations of the People's Republic of China and the State. The law stipulates that Party B shall be held legally responsible in accordance with the law.
Five: This agreement will take effect from the date of payment. If a dispute occurs and both parties fail to reach an agreement through negotiation, Party A will file a lawsuit with the designated people's court.
Party A’s signature: Party B’s (representative)’s signature:
Year, month, day, year, month, day, advance payment agreement, Contract Part 2
Party A (contractor) ):
Address:
Legal representative:
ID number:
Contact number:
Party B (contractor):
Address:
ID number:
Contact number:
Party A and Party B are responsible for the effective development of Production and operation shall be carried out in accordance with the "Contract Law of the People's Republic of China", the "Labor Management Law of the People's Republic of China" and other relevant laws and administrative regulations, and in compliance with the principles of equality, voluntariness, fairness and good faith. This contract has been concluded through consensus on the contracting matters of this project.
Article 1 Cooperation Matters
Party A uses its own quarry and Party B invests funds to conduct cooperative operations in earth and stone mining
Article 2: Overview of the quarries proposed to participate in the cooperative operation
(1) Name: ?;
(2) Address:;
(3) Economic nature:;
(4) Legal representative: ?;
(5) Annual production capacity:;
(6 ) Mining license number: ;
(7) Blasting license number: ;
(8) Production situation (or construction situation): Article 3? Contract period
The contract operation period agreed in this contract is years. That is, from the year month day to the year month day. If the contract needs to be continued after the expiration of the term, the two parties shall negotiate separately, and Party B shall have priority in contracting under the same conditions.
Article 4? Contracting method
(1) Party A will contract the quarry it owns to Party B, and Party A will provide mechanical equipment, site, worker accommodation, water, and electricity Communication, Party B is responsible for technology, production and processing. Party A is responsible for sales, and Party B must accept Party A's safety supervision, inspection and management.
(2) During the contract operation period, Party A and Party B shall operate independently, be responsible for their own profits and losses, and independently calculate and bear the contract operation expenses.
Article 5? Contracting unit price and payment method
(1) Contracting project unit price
1. The unit price of contracted production of earthwork is RMB/cubic. The contracting unit price is based on The hardness of the limestone shall prevail. When the hardness of the soil and stone is higher than that of the limestone, the unit price will be calculated separately.
2. Marble contracting unit price: Party B’s unit price for producing and processing marble rough stone is RMB 0.5-1.0 meter long stone per cubic meter, and the unit price increases by RMB 10.00 for every 10 centimeters upward of the long stone. Ten yuan) yuan; the unit price of a 1.5-2 meter long stone is RMB/cubic, and the unit price of the long stone increases by RMB 20.00 (twenty yuan) for every 10 cm increase in the length of the long stone; the unit price of a 2-meter long stone is RMB 500.00 The unit price standard of Yuan (five hundred yuan)/cubic meter (the stone mining equipment invested by Party A) (the unit price standard includes machine equipment maintenance fees, labor costs, water and electricity fees, production management fees, explosive fees, and production costs invested by Party B) < /p>
3. Payment and settlement method: Party A and Party B shall calculate the project quantity from the 28th to the 31st of each month (the quantity of the project shall be based on the number of cubic meters of stone produced by Party B in that month); Party A shall submit the payment before the 10th of the next month. Party B shall pay Party B's project payment in a timely manner, and Party A shall transfer the project payment to Party B's designated account by bank cash transfer.
(2) Deposit, payment standards and return model
1. The deposit is in person, including RMB for earthwork sites and RMB for marble production sites. .
2. When the workers enter the site after the contract is signed, Party B first pays a credit deposit of 10,000 yuan to Party A before entering the site for normal construction. If Party A meets the daily (? hourly shift) production volume of earthwork reaching ? cubic meters and marble strips reaching ? cubic meters or more, Party B will make up the deposit in RMB (one million yuan). If the production volume cannot be reached, Party B will not pay Party A The deposit and entry credit deposit shall be returned by Party A to Party B within 3 days.
3. For the deposit paid by Party B, Party A shall return the deposit to Party B after one month of safe production at Party B's well site. The deposit will be returned to Party B's designated bank account in installments in each installment.
Article 6: Rights and Obligations of Party A
(1) Rights of Party A
1. Party A has the right to maintain the sand and gravel quarry and company interests are not harmed. If Party B endangers the reputation and other interests of the sand and gravel yard and Party A's company during production and operation, Party A has the right to request correction or stop it;
2. Party A has the right to take action against Party B during the production and operation period. Supervise and inspect safety management conditions.
(2) Obligations of Party A
1. Party A is obliged to pay Party B’s monthly project payment in a timely manner and has no choice but to default on Party B’s project payment for any reason.
2. Party A is responsible for project management, project settlement, land acquisition compensation, external coordination, and access roads.
3. Party A is responsible for providing fuel tanks or oil tanks, and Party A will advance funds to Party B to purchase oil. The price shall be based on the unit price of the market price. This cost shall be borne by Party B and shall be deducted from Party B's progress payment for the project.
4. Party B will provide advanced advance payment for electricity and labor supplies for blasting operations. This cost will be borne by Party B and deducted from Party B’s progress payment.
5. The relevant licenses and procedures for the quarry contracted by Party A must be complete and there are no legal flaws; if Party B enters the site, Party B cannot produce on time or suffers losses due to Party A’s license reasons. , Party A shall compensate Party B for losses according to the price.
6. Except for safety supervision and inspection, Party A shall not interfere with Party B’s contract management rights in any form;
7. Party A is responsible for the local government, village committee and In the coordination and mediation work of villagers, if any problem occurs, Party A shall promptly mediate the conflict within 3 days. If the conflict cannot be mediated within 3 days, Party A shall bear the loss of Party B's personnel and related losses.
Article 7 Rights and Obligations of Party B
(1) Rights of Party B
1. During the contract period, Party B shall enjoy the autonomy, Independent contracted production rights;
2. Party B has the right to organize its own employees to engage in contracted production;
3. Party B has the right to obtain contracted production income in accordance with the provisions of this contract.
(2) Party B’s obligations
1. Party B shall mine sand and gravel reasonably according to the mining plan;
2. Party B shall establish its own production team , improve the labor employment system, strictly manage labor safety, and shall accept the supervision and inspection of Party A;
3. Strictly comply with the provisions of this contract;
4. Responsible for any damage caused during the contracting period Labor costs (including insurance premiums) and liability for safety accidents; (1) During the performance of this contract, the contract can be changed or terminated by consensus of both parties;
(2) During the performance of this contract , the contract may be modified or terminated if there are major changes in national policies or if force majeure occurs and the purpose of the contract cannot be achieved.
Article 9 Liability for breach of contract
(1) 1. After the contract takes effect, Party A and Party B shall strictly perform the contract, otherwise, they shall bear liability for breach of contract; on the basis of the security deposit, double the amount Liability to pay compensation.
2. Party A shall not propose to terminate the contract with Party B during the first year of the contract for any reason. If Party A wants to unilaterally terminate the contract, in addition to double the deposit, Party B will also be compensated for the cost of purchasing production machinery and equipment and hiring personnel at the site.
(2) If either party breaches the contract, the non-breaching party may terminate the contract and claim compensation if losses are caused.
Article 10 Site Issues
(1) Party A shall hand over the leveling of the site to Party B.
(2) Party B will level the site by itself, and Party A will be responsible for all costs of leveling the site. ?Article 11?Supplementary Agreement
Party A and B may sign a supplementary agreement to determine matters not covered in this contract.
Article 12: Dispute Resolution Methods
If a dispute occurs during the performance of this contract, Party A and Party B shall try to resolve it through negotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court.
Article 13: Effectiveness of the Contract This contract is in duplicate and will take effect after being signed and sealed by Party A and Party B. For a valid contract, each party shall hold one copy.
Party A (seal) Party B (signature):
Chairman (signature): Agent (signature):
Signing time: Year Place of signing on the day of the month: Part 2: Labor Contracting Contract
Service Contracting
Advance Agreement on the Day of the Year Contract Part 3
Contractor: ? (hereinafter referred to as Party A) Contractor: ? (hereinafter referred to as Party B)
In order to ensure the high-quality and efficient completion of the project construction, in compliance with the "Contract Law of the People's Republic of China" and other relevant laws and regulations, combined with the project Specific features, after full consultation between Party A and Party B, both parties have reached this agreement on the civil construction of the construction project, which is hereby complied by both parties.
1. Project Overview
Project Name:
Project Location:
Developer:
Construction Area : About 230,000 square meters (Building 1, Building 2, Building 3, Building 4, Building 6, Building 7, Building 9, Building 10, Building 11, Building 12, Building No. 13)
Number of floors: 23 floors
Main structural form; frame shear
2. Contract scope and construction requirements:
(1) Scope and content of the contract: Party A will hand over the civil engineering works of the improvement project to Party B for construction (expanding the labor clearing contract), starting from the concrete cushion layer, (except for earthworks, foundation treatment projects, all installation projects (including installation preparatory work) (Blocking of remaining openings), decoration projects, marble, granite, etc., water, electricity, fire protection, heating, insulation, waterproofing, doors, windows, elevators, stair railings, handrails, paint, and coating projects are additionally subcontracted to other construction units Except. All civil construction contents included in the other drawings shall be completed by Party B until the delivery acceptance, including all machinery and wires below the secondary electrical box). The main materials and floor materials include the pasting of the public part (Part B will be responsible for the labor costs for the pasting of the public part within the scattered water). Note: Except for the pasting of kitchen, water supply and bathroom, the basic backfill project is not included.
1. Main part
The main body of this project is a shear wall structure. The concrete is commercial concrete, and tower cranes and construction elevators are used as vertical transportation machinery; the concrete is pumped and placed using a combination of booms. ; The formwork adopts wooden composite formwork and steel pipe scaffolding.
Scaffolding engineering and safety protection measures for the main structure project; production and installation of steel bars for the main structure project; installation, maintenance, dismantling, and repair of formwork for the main structure project; concrete pouring for the main structure project (including Post-pouring tape, secondary pouring, on-site prefabrication).
(1) Steel bar engineering: (steel materials supplied by A)
Including steel bar copying, production, electroslag pressure welding, flash butt welding, straight thread connection (sleeve supplied by A) ), binding, installation and forming; including loading and unloading trucks of materials entering and exiting the site, and on-site transportation of finished and semi-finished products; including residual material recycling, pre-embedded reinforcing bars and waste material stacking, and fixed bracket processing. Including all machinery and tools for steel bar processing; including tying wire, pads and other auxiliary materials, tie rods, fire hooks, and wall casing required for steel bar binding and forming.
Before the construction of the steel bar project, Party B must submit a steel bar batching list to Party A according to the building number and construction location.
(2) Formwork project: Party B’s construction includes all formwork work including formwork, square timbers, brackets, and fasteners (including formwork, formwork assembly, and installation and removal of formwork).
Including brick masonry painting, full hall formwork erection, including the configuration and dismantling of formwork; including the protection of formwork and supports when the main body is poured; including the unloading of main and auxiliary materials for civil construction. ; Including the support and removal of formwork for holes and openings required for civil construction; including the cleaning, maintenance, and stacking of formwork; including woodworking machinery, manual tools, auxiliary materials (such as wire, round nail tape, foam board, release agent, sponge tape wait).
(3) Concrete project: A supplies commercial concrete and pumping vertical transportation equipment.
Party B’s construction includes the layout of concrete pipes and the large-scale pouring, plastering, and maintenance of reinforced concrete; including the installation, fixation, disassembly, and cleaning of pump trucks and pumping pipes; including the installation, operation, and disassembly of distribution machines. Connecting and cleaning; including vibrating machines and tools used for concrete pouring; other machines and tools used for leveling and finishing (such as shovels, iron rods, etc.), including labor protection supplies (such as raincoats, rain boots, gloves). Cooperate with seasonal maintenance and construction measures, and clean up all construction waste to designated points on site in a timely manner.
(4) Scaffolding project: Party B’s construction includes all work contents of steel pipes, fasteners, safety nets, dense mesh, scaffolding boards, channel steel and wire ropes, and scaffolding sub-projects.
Including the erection and dismantling of scaffolding and lying frames used in structural construction, the laying and dismantling of shelf boards, and the hanging and maintenance of dense mesh; including scissor braces, skirting boards and other warning-colored paint; safety protection of all edge openings The erection and dismantling of railings; including the installation and dismantling of protective sheds (frames) at entrances and exits, construction access roads (ramps), transit lines, and pedestrian passages; the erection and dismantling of loading platforms; including all safety protection, including warning signs and placards , the hanging and dismantling of billboards (warning signs, etc. are provided by A), including material entry and exit, loading and unloading trucks and on-site transportation; including material sorting, maintenance and classification.
2. Other sub-projects
(1) Masonry work: masonry of exterior walls, interior walls and sporadic construction.
Including on-site transportation of materials, on-site mixing of mortar, including construction laying lines (large lines and points provided by Party A), pre-construction preparations and post-construction site cleaning. (2) Floor engineering: cleaning and leveling of the floor.
(3) Roofing engineering: finding the slope of the roof.
(4) Decoration works: ordinary plastering of secondary structures, plastering of door and window openings, stair steps and outdoor water distribution construction.
3. Others:
a. Civilized construction: Civilized construction sites shall be completed in accordance with Party A’s requirements, and acceptance inspection shall be arranged in accordance with specification requirements. This includes cleaning up the construction site, leveling the site, and hardening the road; including the construction of temporary house foundations and cement floors; the costs are borne by Party B, including daily civilized construction of the site and on-site cleaning and rectification for various inspections. Including living area, office area and daily cleaning and sanitation.
b. Including material backhauling, temporary construction and re-construction.
4. The main materials and floor materials required for construction within the scope of Party B’s contract shall be provided by Party A. Other auxiliary materials and all consumables shall be purchased by Party B; the construction temporary materials below the second-level box shall be purchased by Party B. Party B will purchase all electrical and electrical materials for industrial use; labor protection supplies and safety protection supplies will be purchased by Party B. The above costs are included in the contracting fee.
5. Party B is responsible for the construction, maintenance and dismantling of the material warehouse (shed) and processing plant (shed) required for construction and production (except cement, sand and gravel, and concrete).
(2) Contracting method:
Contract cleaning (including construction machinery, equipment safety protection materials, small electric and hand tools, and appliances).
(3) Quality requirements:
Party B must comply with the current national specifications and the specification requirements agreed in the design documents and Part 3: Stone Mining and Processing Labor Service Contract
< p> Party A of the stone mining and processing labor contract contract (the developer): Party B (the contractor):After negotiation between the developer (hereinafter referred to as Party A) and the contractor (hereinafter referred to as Party B), On the basis of equality and voluntariness, the stone mining and processing labor services in the quarry are contracted to Party B. In order to clarify the responsibilities and rights of Party A and Party B, the following agreement is specified for mutual abide by.
1. Party A shall equip Party B with corresponding machinery and equipment according to the production plan for free use (including but not limited to a complete set of stone production and processing equipment such as blasting, gravel, material separation, production of electricity, and production and living equipment). Water and diesel. Party A can only deduct the resulting electricity bill, diesel, explosives, and fees from Party B’s contract fee). Party A shall not provide used and inferior equipment to Party B for use. The equipment will be disposed of by Party A after the expiration of the contract. Party B does not need to pay for the use and depreciation of all equipment.
2. Contracted project: mountain stone mining and processing
3. Total project volume and specifications: Party A’s total demand for crushed stone is 10,000 cubic meters, and the minimum monthly demand is ? 10,000 cubic meters.
IV. Unit price of labor contracting and payment method:
The unit price of contracted processing is RMB/cubic.
Payment method: Party A’s payment method is monthly settlement (the 25th of each month is the settlement day of the month). Party A shall pay Party B based on the number of parties settled by Party B combined with the unit price.
5. Measurement method:
When Party A takes away the stone and stone powder produced and processed by Party B, it should designate a person to cooperate with Party B in the material yard to measure and collect the goods on site, and Party A (or The party's full authority) signs and confirms receipt on the material receipt as a proof of settlement at the end of the month.
6. Contract period: from ?Year ?Month day to ?Year ?Month day. Rights and obligations of both parties
During the performance of this contract, both parties shall strictly abide by the provisions of this contract, exercise their rights and perform their obligations based on the principle of mutual benefit:
7. Rights and obligations of Party A
1) If Party A fails to transport out and sell the gravel produced by Party B in a timely manner as stipulated in this contract, which affects Party B's production and supply of materials, Party A shall bear the adverse impact caused to Party B and report it to Party B. Party B shall compensate for losses. If there is no consensus on the amount of losses, it may be submitted to the local legal department for resolution.
2) Pay the contracting fee to Party B in a timely manner as agreed, and be responsible for the maintenance of the corresponding equipment provided (the maintenance costs shall be paid by Party B) and be responsible for the safety and insurance of all personnel during the production, mining and processing of stone. , Party A is responsible for solving any interference in the production, mining and processing of stone by Party B (including but not limited to industry and commerce, taxation, public security, environmental protection, safety supervision, quality inspection, local villagers, etc. Party A must provide gravel production and processing, blasting engineering, sales All procedures required for operation).
3) When Party B’s stone processing volume does not reach the minimum amount stipulated in this contract and directly affects Party A’s economic interests, Party A has the right to demand compensation from Party B. The amount of the loss cannot be reached for the economic losses caused to Party A. If there is consensus, it can be submitted to the local legal department for resolution.
IV) Unless Party B breaches the contract, Party A shall not sign a similar contract with a third party.
8. Rights and Obligations of Party B
1) Party B has the right to use and deploy the equipment provided by Party A free of charge according to the needs of the contracted gravel processing and blasting projects, and enjoys the right to use the equipment provided by Party A during the production period. The ownership and sales rights of the generated stone powder and other waste materials shall belong to Party B.
(If Party A has purchasing needs, it can enjoy the right of first refusal under the same conditions), and also enjoys the right to hire and select management personnel, technical personnel, and production personnel.
2) Party B shall organize stone mining and processing according to the requirements stipulated in this contract. If it cannot complete the processing tasks on time, it shall compensate Party A for the losses caused to Party A. If an agreement cannot be reached on the amount of loss, it can be submitted to the local legal department for resolution.
3) Party A shall compensate Party B for all losses caused by problems with Party A’s mechanical equipment or Party A’s inability to sell and transport materials in a timely manner, resulting in the inability to continue production or suspension of production or work. If the amount of loss cannot be agreed upon, it can be submitted to the local legal department for resolution.
9. Liability for breach of contract
Any party that breaches the contract must compensate the non-defaulting party for economic losses. The non-defaulting party has the right to immediately terminate this contract, and the defaulting party shall bear all the consequences of the termination of this contract. .
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