For products that exceed the procurement negotiation task or base, both parties shall sign a purchase and sale contract through consultation. Article 7 The purchase and sale contracts for live pigs, fresh eggs, cattle, sheep and poultry shall include the following main contents:
1. Name of the product. The product name used must be accurate. If you use regional customary names or product varieties (such as yellow cattle, buffalo, etc.). ) If it needs to be specified, it shall be determined by both parties through consultation.
Second, the number of products and the unit of calculation. The quantity, unit of measurement and calculation method of products must be clearly defined. Third, the grade and quality of products. Livestock and poultry products are fresh products, and the product grade and quality should be based on the relevant provisions of the state, and reasonable and feasible quarantine inspection methods should be agreed; Where there is no provision in the state, it shall be determined by both parties through consultation. Fourth, the price of the product. For the products in the dispatching task or dispatching base, the purchase quotation stipulated by the state shall be implemented, and in case of price adjustment during the execution of the contract, the new price shall be implemented; The purchase price of products that exceed the purchase task or purchase base and are purchased through consultation shall be determined by both parties through consultation.
5. Time, place and method of delivery. According to the purchase and sale contract signed by the dispatching task, in principle, the term is one year, and it is implemented quarterly and monthly; Products purchased and negotiated outside the dispatching task or dispatching base shall be implemented according to the delivery deadline agreed by both parties. According to the characteristics of fresh goods, the delivery date can be advanced or postponed appropriately through negotiation. The place and method of delivery can be agreed by both parties.
6. Payment settlement. The payment and settlement of products generally require the liquidation of money and goods for individual members, professional households and self-employed households. If the products need to be settled by bank, the settlement method shall be implemented according to the unified regulations of the People's Bank of China.
7. Liability for breach of contract.
8. Other terms agreed upon by the parties through consultation (such as the conversion method of quantity and price when purchasing carcasses instead of live ones, the hygiene and quality requirements of products, the reward and sales policies stipulated by the state, prenatal and postnatal services, etc.). It should be stipulated in the contract). Chapter III Modification and Termination of a Contract Article 8 A contract may be modified or terminated under any of the following circumstances:
1. Due to natural disasters or other force majeure reasons, this contract cannot be performed or can not be fully performed. However, the reason should be notified to the other party as soon as possible, and the contract can be changed or terminated after being proved by the competent department of the township government.
Two, agreed by both parties through consultation, and will not harm the interests of both parties and affect the implementation of the national acquisition plan. Article 9 If one party requests to modify or terminate the contract, it shall notify the other party in advance and reach a written agreement. The original contract is still valid until a written agreement is reached. Article 10 After receiving the notice of the other party's request to modify or terminate the contract, one party shall make a reply within seven days from the date of receiving the notice (unless otherwise agreed by both parties, the reply shall be made within the agreed time limit). If a party fails to make a reply within the prescribed (agreed) time limit, it shall be deemed as a breach of contract. Eleventh changes in the purchase and sale tasks or base in the purchase and sale contract shall also be reported to the higher level government and the competent business department that issued the plan for approval. Chapter IV Liability for Breach of Contract and Dispute Resolution Article 12 If one party breaches a contract, it shall pay liquidated damages to the other party. If the losses caused to the other party by breach of contract exceed the liquidated damages, it shall also compensate for the insufficient liquidated damages. The delivery time of liquidated damages and compensation shall be agreed by both parties or paid within ten days after the relevant departments determine their responsibilities, otherwise it shall be treated as overdue payment. Neither party may offset it by deducting the purchase price. Thirteenth due to the mistakes of the competent business department of the leading organ at a higher level, such as unauthorized change of plans, improper scheduling, illegal intervention, etc., resulting in the failure of one party to perform the purchase and sale contract or the failure to fully perform it. The breaching party shall first pay liquidated damages and compensation to the other party according to the regulations. The leading organ at a higher level or the competent business department shall bear the liability for breach of contract and be responsible for the aftermath. Article 14 In case of Article 8 of these Measures, the liability for breach of contract may be partially or completely exempted.