Through product consumption, new producers can recover capital and make profits for reproduction and extended reproduction, it is also a bridge between production and consumption, helping consumers get value. use they want and the producer achieves the purpose of the business.
1. Sample contract for purchase of agricultural products and goods:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
CONTRACT CONSUMPTION OF AGRICULTURAL PRODUCTS AND GOODS
Number: ………../……….
Today, day (1)…. month …. year …………. at ………… We include:
1. Name of the purchasing enterprise (referred to as Party A): (2)
– Head office address: ……………….
– Telephone: Fax:…….
– Account No.………… Opened at the Bank……
– Corporate tax code…….
– Represented by Mr. (Mrs.): …….. Position:…….
(Power of Attorney No.………….Written….month….year …… by Mr. (Mrs.)… Position…. signed).
2. Name of producer (referred to as Party B): (2)
– Head office address: ….
– Telephone: Fax:…..
– Account number ……. Open at Bank…….
– Corporate tax code……….
– Represented by Mr. (Mrs.): …………. Position:………..
The two parties agree on the content of the contract as follows:
Article 1. Party A accepts Party B’s purchase (3)
Product name: …………quantity………….
Inside
– Type: …….quantity……, unit price …… into money…..
– Type: …………………… quantity……………………, unit price …………………… into money…………..
– Type: ………………. the number of applications cost money………
Total value of agricultural products…………VND (in words)
Article 2. Quality standards and specifications of goods Party B must ensure (4)
1. Quality of goods …….according to regulations……
2. Specifications of goods …….
3. Packaging packaging…………..
Article 3. Party A advances to Party B (if any) (5)
– Supplies:
+ Name of materials…………………….., quantity…………., unit price…………. into money……
+ Name of materials…………, quantity…………., unit price…………. into money…….
Total value of advance materials………….VND (in words)
+ Method of delivery of materials
– Capital:
+ Vietnamese Dong …………. Funding time …………..
+ Foreign currency USD (if any): …………. Funding time ………….
– Technology transfer:………..
Article 4. Mode of delivery and receipt of agricultural products (6)
1. Delivery time: Party A and Party B agree on the time to deliver the goods. Party A shall notify Party B of the specific delivery schedule at least 5 days before the harvest time for Party B to prepare. If the “maturity” of agricultural products is sooner or later than the previously agreed schedule, Party B proposes Party A to consider the whole region in order to adjust the delivery schedule that is most beneficial to both parties.
2. Delivery location: agreed by the two parties so that agricultural products are transported conveniently and best preserved (On Party A’s vehicle at ………….., or at Party A’s warehouse at …… …)
3. Responsibilities of both parties:
– If Party A does not come to receive the goods on time as agreed, it must bear the cost of preserving agricultural products…………..VND/day and compensate for damage…………% of the product value due to the long delay in product quality. decline.
– If the agreed place of delivery is at the place of harvest, Party B is responsible for preparing enough goods. When Party A arrives to receive the goods on schedule, but Party B does not have enough goods to deliver so that Party A misses the production plan and misses the means of transportation, Party B must compensate for the material damage caused (compensation by both parties). agree).
– When coming to receive the goods: Party A’s consignee must present a letter of introduction or a legal power of attorney issued by Party A. If there is a dispute over the quantity and quality of goods, a record must be made on the spot, signed by the representatives of each party.
After receiving the goods: The delivery and receiving parties must make a record of goods delivery and receipt confirming the quantity and quality of goods with signatures and full names of the deliverer and receiver of both parties. Each party keeps one copy.
Article 5. Payment methods (7)
– Payment in cash…………..VND or foreign currency…
– Payment by deduction of materials, advance capital ….. VND or foreign currency…………..
– In time and progress of payment:………….
Article 6. Regarding force majeure risk sharing and market price fluctuations.
1. In case of detecting or showing signs of force majeure, each party must promptly notify the other to discuss ways to overcome and expeditiously try to prevent and overcome the consequences of force majeure. When force majeure occurs, the two parties must strictly follow the procedures prescribed by law to make a record of the two parties’ losses, certified by the People’s Committee of the commune (district) where the force majeure occurs. to be exempted from liability when liquidating the contract.
– In addition, Party A can also agree to exempt ……% of the value of materials and advance capital for Party B according to the agreement of the two parties.
2. In case the market price has a sudden change that causes a loss beyond Party A’s financial capacity, the two parties discuss for Party B to adjust the selling price of agricultural products and goods to Party A compared to the price signed in Article 1 of this Decree. this contract.
– On the contrary, if the market price increases in favor of Party A, the two sides discuss for Party A to increase the purchase price of agricultural products for Party B.
Article 7. Material responsibilities of the parties in the performance of the contract (8)
– Both parties commit to strictly implement the terms agreed upon in the contract, any party who fails to perform properly, does not perform fully or unilaterally suspends the performance of the contract without plausible reasons will be compensation for material damage.
– Penalties for breach of contract in terms of quantity, quality, price, time and place of payment methods agreed upon by the two parties, shall be recorded in the contract.
+ Penalty for zero quantity: (……………………..% of value or………….. VND/unit)
+ Penalty for not ensuring quality: ………….
+ Penalty for not guaranteeing the time…………..
+ Penalties for violation of location ………….
+ Penalty for late payment………….
Party A has the right to refuse to receive the goods if the quality of the goods is not in accordance with the provisions of the contract.
Article 8. Settlement of contract disputes
– Both parties must actively notify each other of the progress of the contract. Problems arising in the course of contract performance may lead to poor performance of the contract, the parties must promptly notify each other and seek solutions. In case there is a dispute over the contract, the commune cloning committee is responsible for coordinating with the Vietnam Farmers’ Association of the same level and the industry association to organize and create conditions for the two parties to negotiate and conciliate. In case there is a dispute over the quality of the goods, the two parties shall invite the competent inspection agency to come to the assessment, the conclusion of the inspection agency shall be the final conclusion.
– In case the negotiation and conciliation fails to achieve results, the parties shall bring the dispute to the economic court for settlement according to law.
Article 9. Effect of the contract (9)
– The contract takes effect from ……month…. year ………… to date …… month …. year ………
– All amendments and supplements (if any) related to this contract shall only be valid when agreed by the parties and made in a minutes signed by the parties.
– The two parties will hold a meeting and make a minutes of liquidation of this contract no later than 10 days after its validity expires. The buyer is responsible for organizing and preparing the time and place for the liquidation meeting.
– This contract is made in ………….. copies, with the same value, each party keeps ………….. copies
REPRESENTATIVE OF THE SELLER REPRESENTATIVE OF THE BUYER
(Sign and seal) (Sign and seal)
2. What is a contract for the sale of agricultural products and goods?
A contract under the Civil Code 2015 is understood as “an agreement between the parties on the establishment, change or termination of civil rights and obligations.”
A contract for the sale of agricultural products and goods is essentially a contract for the sale and purchase of goods. However, the Commercial Law 2005 does not provide a definition of a contract for the sale of goods in commerce, but the concept of a property sale and purchase contract in the Civil Code can be used to determine the nature of the contract of purchase. sale of goods, since goods belong to property and are narrower in scope than property. According to the provisions of Article 430 of the Civil Code 2015 on property purchase and sale contracts as follows: “A property sale and purchase contract is an agreement between parties whereby the seller transfers ownership of the property to the buyer and the buyer pays the seller.”
Thus, a contract for the sale of agricultural products and goods is understood as a type of property purchase and sale contract, more specifically the purchase and sale of goods, the two parties agree on that the buyer will guarantee the output for the other party. for the entire quantity of goods produced by the seller in an agreed period of time.
3. What is the object of a contract to purchase agricultural products and goods?
Each contract has a specific object. The contract must correctly record the object with which the parties transact; In addition, to be sure, the parties often stipulate the type of object, quantity, quality … object of the contract.
The subject matter of the contract for the sale of agricultural products and goods is specific to the agricultural industry, specifically: The object of the contract for the sale of agricultural products and goods is tangible products, usually products from cultivation. Animal husbandry: Rice, coffee, potatoes, cassava, chicken, duck, buffalo, cow…
4. Basic content and form of contract for sale of agricultural products and goods?
A contract for the sale of agricultural products and goods has the following basic contents:
– The subject of the contract;
– Object of the contract;
– Quantity Quality;
– Price, payment method;
– Term, place and method of contract performance;
– Rights and obligations of the parties;
– Liability for breach of contract;
– Argument setllement.
The form of a product sale contract is specified in Article 24 of the Commercial Law 2005, specifically as follows:
“first. A contract for the sale of goods is expressed orally, in writing or established by specific acts.
2. For all types of goods sale and purchase contracts that must be made in writing by law, such provisions must be complied with.”
Normally, a product sales contract is established in writing with one party being an enterprise, cooperative, or distributor. However, for individuals and small-scale production households, contracts are often concluded verbally.
5. What is the meaning of the contract for the sale of agricultural products and goods?
Contracts for the sale of agricultural products and commodities are an important part of the production and consumption of agricultural products. The contract meets the consumption needs of the two parties.
The contract for the sale of agricultural products and goods ensures the rights and obligations of both parties, ensuring that both parties properly perform their obligations.
The contract for the sale of agricultural products and goods is the legal basis for recording the agreement on the method of dispute settlement between the two parties if a dispute occurs.
6. Guidelines for drafting contracts:
(1): Specify the date of contract performance;
(2): The buyer and the producer clearly state their name, address, phone number, account number, tax identification number, representative, and position;
(3): Enter the name of the goods, quantity, unit price, and amount;
(4): The quality of the goods and the packaging of the goods;
(5): If the purchaser advances materials or capital to the producer, specify the name, quantity, price of materials or capital amount;
(6): The method of delivery and receipt of goods previously agreed upon by the two parties;
(7): Method and schedule of payment as agreed;
(8): Material liability that both parties must bear if the contract is breached, clearly stating the fine level;
(9): The validity of the contract is agreed upon by both parties.
Legal documents used in the article:
– Civil Code 2015;
– Commercial Law 2005.
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