CONTRACTS FOR FINANCIAL LEASE

 

Contract No.:

Date:

Place:

TABLE OF CONTENTS

1. The Leased Subject (Leased Property) 租赁标的（租赁财产）

2. Purpose of the Subject 租赁物使用目的

3. Term of the Tenancy 租赁期限

4. Rental 租赁费用

5. Deposit 保证金

6. Rights and Responsibilities of Lessor 出租方的权利和义务

7. Obligations of the Seller 销售方的义务

8. Rights and Obligations of the Lessee 租赁方的权利和义务

9. Force Majeure 不可抗力

10. Applicable Law and Settlement of Disputes 适用法律和纠纷解决

11. Language 文本

12. Other Articles 其他约定

 

Lessor:

Lessee:

Seller:

 

Three parties hereby enter this Contract through discussion according to the national related regulation.

1. The Leased Subject (Leased Property) 租赁标的（租赁财产）

Three parties agree, Lessor supplies money to buy ____ which is in good condition from the Seller, Lessee agrees to rent it according to the clauses specified in this agreement.

 

2. Purpose of the Subject 租赁物使用目的

The parties hereby confirm that the purpose of the ___ shall be in accordance with the laws and regulations. Lessee shall not use the ___ for other purposes; otherwise Lessor has the right to release the Agreement early and shall have no obligations to return the deposit.

 

3. Term of the Tenancy 租赁期限

The lease term will be from____ to ____. Lessor will buy the subject from the Seller and provide it to Lessee for use before ____ .

Lessee may present a written application for extension of the term of the tenancy three  months before the expiry of this Agreement. Terms and conditions including the amount of rent shall be negotiated before extending the Lease Agreement. If the parties could not sign the extension agreement one month before the expiry of this Agreement, Lessor has the right to lease the premises to other parties after the expiry of this Agreement.

 

4. Rental 租赁费用

The rent under a financial lease contract shall be determined according to the major part or whole of the cost for purchasing the leased property and reasonable profits of the Lessor, except as otherwise agreed upon by the parties.

(1) Amount: the rental will be USD ____ per month. Lessee will pay the rental to Lessor in the form of ____.

(2) Payment of rental will be one installment every month. The first installment will be paid before ____. Each successive installment will be paid ____ each month. The remittance fee will be borne by the remitter. Lessor will issue a written recEipt after receiving the payment.

(3) In case the rental is more than 10 days overdue, Party B will pay 0.5 percent of monthly rental as overdue fine every day, if the rental be paid 15 days overdue, Lessee will be deemed to have withdrawn from the premises and breach the contract. In this situation, Lessor has the right to take back the subject and take actions against Lessee’s breach.

 

5. Deposit 保证金

Lessee shall pay the deposit of performing the Agreement which amounts to the rent

of      months on the signature date of this Agreement.

Lessor shall provide the receipt of the deposit in two days after receiving the deposit.

In case Lessee breaches this contract, Lessor has the right to deduct the default fine, and compensation for damage or any other expenses from the deposit. In case the deposit is not sufficient to cover such items, Lessee should pay the insufficiency within 10 days after receiving the written notice of payment from Lessor.

 

6. Rights and Responsibilities of Lessor 出租方的权利和义务

(1) With regard to the sales contract concluded by the Lessor based on the Lessees’ choice of the Seller and the leased property. Shall not be modified in respect of the contents of the contract relating to the Lessee without the con-sent of the Lessee.

(2) Lessor is not permitted to take back the subject during the term of the Agreement without good reason. If Lessor wishes to do so, Lessee has the right to object.

(3) The Lessor shall be entitled to the ownership of the leased property. In case of bankruptcy of the Lessee, the leased property does not belong to the bankrupt property.

(4) Where the leased property does not con-form to the terms of the contract or the purpose of its use, the Lessor shall not bear any liability, except that the Lessee decides on the choice of the leased property depending on the skills of the Lessor or the Lessor interferes with the choice of the leased property.

(5) Where the leased property causes personal injury or property damage to a third party during the period wherein the Lessee possesses the leased property, the Lessor does not bear liability.

 

7. Obligations of the Seller 销售方的义务

(1) The seller shall deliver the object to the Lessee according to the terms of the contract,

(2) In case the subject and attached facilities are damaged by quality problems, natural dam-ages or disasters, the Seller will be responsible to repair and pay the relevant expenses.

 

8. Rights and Obligations of the Lessee 租赁方的权利和义务

(1) The Lessee shall enjoy the rights of a buyer relating to the recEived object.

(2) The Lessor, Seller and Lessee may agree that, where the seller fails to perform the sales contract, the Lessee shall exercise the right to claims. Where the Lessee exercises the right, the Lessor shall provide assistance.

(3) The Lessor shall insure the Lessee’s pos-session and use of the leased property.

(4) The Lessee shall keep the leased property in a proper storage and use it properly.

The Lessee shall perform the obligation for maintenance of the leased property during the period wherein the Lessee possesses the leased property.

 

9. Force Majeure 不可抗力

Should either of the parties to the Contract by prevented from executing the Contract by force majeure, such as earthquake, typhoon, flood, fire and war and other unforeseen events, and their happening and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by cable without any delay, and within 15 days thereafter provide the detailed information of the events and a valid document for evidence issued by the relevant public notary organization for explaining the reason of its in-ability to execute or delay the execution of all or part of the contract. Both parties shall, through consolations, decide whether to terminate the Contract or to exempt the part of obligations for implementation of the Contract or whether to de-lay the execution of the Contract according to the effects of the events on the performance of the Contract.

 

10. Applicable Law and Settlement of Disputes 适用法律和纠纷解决

The formation of this contract, its validity, interpretation, execution and settlement of disputes shall be governed by the laws of the People’s Republic of China.

Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission, ______ Commission for arbitration in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.

Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.

During the arbitration, the Contract shall be executed continually by both parties except for matters in disputes.

 

11. Language 文本

The Contract shall be written in Chinese version and in ______ version. Both languages are equally authentic. In the event of any discrepancy between the two aforementioned versions, the Chinese version shall prevail.

 

12. Other Articles 其他约定

(1) A financial lease contract shall be in written form.

(2) Where the parties agree in the contract that the leased property shall belong to the Les-see at the expiry of the lease term, the Lessee has paid the majority of the rent but is unable to pay the remaining rent, and the Lessor rescinds the contract for this reason and takes back the leased property, the Lessee may request the Lessor to return a certain part if the value of the leased property taken back exceeds the rent and other expenses which the Lessee owes to the Lessor.

(3) The Lessor and Lessee may agree upon the attribution of the leased property at the expiry of the lease term. Where there is no agreement in the Contract as to the attribution of the leased property or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of the Contract Law, the ownership of the leased property shall belong to the Lessor.

 

Lessor (Signature):

Lessee (Signature):

Seller (Signature):