s********r
发帖数: 2067 | 1 【 以下文字转载自 Automobile 讨论区 】
发信人: superpower (执著的创业者), 信区: Automobile
标 题: Is this 汽车代购买手合同 ok to sign?
发信站: BBS 未名空间站 (Fri May 4 12:10:16 2012, 美东)
Independent Contractor Agreement
This Agreement is made on [
] between XYZ Inc, and (
).
Subject to the terms and conditions as set forth herein, XYZ Inc, Inc
retains [
], [
] hereby accepts XYZ Inc's retention to
perform services described herein.
Contractor obligations:
In return for the compensation noted under "Contractor Compensation,"
contractor voluntarily agrees to perform services for XYZ Inc, as described
below:
• Purchase a New Automobile from Authorized Dealers; such as, BMW,
Mercedes Benz and Porsche.
• Every new automobile must be delivered within 7 business days
from the date of order; unless prior written approval of was obtained from
XYZ Inc.
• For unexpected delays of delivery, contractor must notify XYZ
Inc verbally following written notification on the same day and XYZ Inc.
will provide clear instruction and procedures to resolve the situation
• Automobile must be delivery without any physical damages (
including user menus, 2 sets of keys and full carpet)
• Penalties for incomplete work: contractor will need to refund the
full amount of the vehicle which includes state sales tax, registration to
XYZ Inc. If contractor refused to refund the full amount within 5 days,
contractor is subsequently breached the terms of this contract and will
subject to legal proceedings (lawsuit may be filed).
Contractor compensation
In full consideration of all services performed by contractor as described
in this contract, XYZ Inc. Shall pay contractor $ 100 services fees for
completion of assigned tasks. Contractor shall be exclusively responsible
for the payment of all taxes incidental to the compensation paid for
services performed, including but not limited to federal and state income,
sales, or use taxation.
Independent contractor
Contractor's relationship to XYZ Inc. is one of independent contractor.
Nothing in the agreement shall create an employment or agency relationship,
nor shall contractor act as an agent or employee of XYZ Inc. unless such
representation is outlined in the scope of services.
Contractor's services are to be performed solely by contractor, or approved
subcontractors, for XYZ Inc. pursuant to the terms of this contract.
Standards of performance
Compliance with law
Contractor's performance of services under this agreement shall be in
compliance with all applicable laws or regulations of the federal, state,
and local government.
Reputation and goodwill
Contractor shall not perform any contracted services in a manner which would
be injurious to the reputation and goodwill of XYZ Inc.
Trade secrets
Contractor shall not in any manner disclose to any person, partnership, firm
or corporation any information concerning any matters affecting or relating
to the business of XYZ Inc. including, but not limited to, any trade
secrets, production processes, customers, pricing or marketing plans. This
covenant shall remain in effect following termination of this contract.
Waiver of liability
XYZ Inc. shall not be liable to contractor on account of any personal
injuries or property damage sustained by contractor in performance of
services hereunder. Contractor shall indemnify and hold XYZ Inc. harmless
from all liability for personal injuries or property damage directly related
to the performance of contracted services.
Modification of contract
No waiver or modification of this contract or of any covenant, condition or
limitation herein shall be valid unless presented in writing and signed by
both parties.
Severability
All covenants contained herein are severable, and in the event of any being
held invalid by any competent court, this contract shall remain intact
except for the omission of the invalid covenant.
Choice of law
It is the intention of both parties that all suits that may be brought
arising out of, or in connection with this agreement will be construed in
accordance with and under and pursuant to the laws of the state of [New York
State].
Entire agreement
This contract contains the complete agreement concerning the services to be
performed by the contractor for XYZ Inc. and supersedes all prior agreements
or understandings, written or unwritten. By signing this contract, both
parties acknowledge that they have read this contract, understood its terms,
including the release, have had an opportunity to have legal counsel review
this agreement, and have voluntarily accepted its provisions.
Executed this ______________ day of _________________, [2011] in [Flushing,
New York].
________________________ ________________________
Signature of Company Signature of Contractor | r*******t
发帖数: 8550 | 2 如果你去买Porsche，Porsche会跟你签合同说，你不会把Porsche运出美国。如果你把
Porsche运出美国，你将被罚款8000-10000美元。 | s********r
发帖数: 2067 | 3 I transfer the title to XYZ Inc.
If XYZ Inc. sold the car to China, should I be in troblue?
【在 r*******t 的大作中提到】
: 如果你去买Porsche，Porsche会跟你签合同说，你不会把Porsche运出美国。如果你把
: Porsche运出美国，你将被罚款8000-10000美元。
| r*******t
发帖数: 8550 | 4 Porsche signed contract with you, so you need to pay penalty fee to Porsche.
Whether you could get back the penalty from XYZ? You need to hire lawyer to
get your money back from XYZ.
That's why XYZ want you to buy car from Porsche.
【在 s********r 的大作中提到】
: I transfer the title to XYZ Inc.
: If XYZ Inc. sold the car to China, should I be in troblue?
| j**4
发帖数: 10425 | 5 OMG, there are ppl who really replied to those posts about buying cars for
some dummy company??!
【在 s********r 的大作中提到】
: I transfer the title to XYZ Inc.
: If XYZ Inc. sold the car to China, should I be in troblue?
| h********1
发帖数: 1546 | 6 That is BS!!!!
You will have a big trouble , if you sign.
Please ignore those buying cars posts in the Flea/biz boards. | F**O
发帖数: 58 | 7 $1000 还是 $100?
【在 s********r 的大作中提到】
: I transfer the title to XYZ Inc.
: If XYZ Inc. sold the car to China, should I be in troblue?
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