Special Commodity Production, Sales, and Supply Agreement 1
Party A: (hereinafter referred to as Party A)
Office Address:
Legal representative:
Bank:
帐号:
Tax ID:
Zip:
E-mail:
Phone:
Fax:
Website:
Party B: (hereinafter referred to as Party B)
Office Address:
Legal representative:
Bank:
帐号:
Tax ID:
Zip:
E-mail:
Phone:
Fax:
The office addresses and correspondence numbers of both parties listed above are the legal correspondence addresses of both parties, and all relevant business contacts between the two parties shall be subject to the relevant documents and information sent to the designated places above.
2. Credit certificate
Party B shall provide business license, tax registration certificate, registered trademark certificate and power of attorney of legal person, as well as relevant legal documents such as special commodity production and sales licenses, as well as its own enterprise profile, commodity catalog and quotation.
3. Commodity information
1. Advertising
Party A will use newspapers, samples, pictorials and other advertising media to promote Party B's products, if Party B has the requirements to produce advertisements, it shall submit to Party A's advertising department the artistic conception, specifications and emblem and other materials of the products provided, so that Party A can review and advertise production, and any advertising production shall be approved by both parties.
2. Promotional materials
If Party B has printed materials to be distributed to consumers, it shall provide them to Party A at the same time as the supply of the goods, so as to facilitate timely distribution. If the promotional materials contain untrue words or non-standard product names and conflict with the law, Party B shall bear full responsibility.
3. Product description and written warning label
According to the relevant laws and regulations, Party B's products shall be equipped with instructions and clear warning labels in accordance with the law.
4. Commodity quality certificate and inspection standards
When Party B provides goods to Party A, it shall provide corresponding commodity quality inspection standards, the order of which is international standards, national standards, ministerial standards, industry standards, and enterprise standards, and issue an effective inspection report of the quality inspection department according to the agreement when the actual supply is made. All goods should provide a certificate of conformity (the certificate of conformity should indicate the date of production, the applicable standard code, the inspector) or a quality inspection certificate, the industry license of the commodity, etc. If there is no clear quality inspection standard, the two parties shall seal the sample of the product or the sample of Party B confirmed by Party A as the basis for acceptance. Party A has the right to conduct sampling or even full inspection of the goods.
5. Commodity knowledge training
In order to effectively provide customers with high-quality services and improve commodity sales, Party B shall conduct product knowledge training for Party A's sales personnel, and the main contents of the training are:
(1) Knowledge of the characteristics, performance and application of the product;
(2) Knowledge of the use, installation, maintenance and trimming of goods;
(3) The content of the quality assurance and warranty and replacement of the product.
6. Commodity trademarks and intellectual property rights
Party B shall provide the trademark right, brand, patent right or certificate of origin, customs declaration form and other supporting documents that Party B has enjoyed. Party B shall bear all the legal consequences caused by any counterfeiting and infringement of Party B and the economic losses caused to Party A.
7. Commodity packaging
Except for naked goods, the inner packaging of Party B's goods shall be clearly and recognizable in Chinese with the name, specification, model, grade, color, and name of the manufacturer, address, telephone number, etc.
The outer packaging of the product should have the corresponding strength and suitable specifications and dimensions for handling
inches, and indicate the stacking height and other attention signs. In addition, the product name, specification, model, grade, color, and the name of the manufacturer should also be indicated.
Packaging is generally not recycled, if there is a special requirement for recycling packaging, a separate "packaging recycling agreement" needs to be signed as an annex to this supply cooperation agreement.
8. Environmental protection requirements
For commodities with national environmental protection requirements, Party B shall provide relevant certification materials and production licenses.
Fourth, supply
1. Display samples
In order to promote the sales of goods in the shopping mall, Party A is willing to provide shelves and counters in each newly opened supermarket for Party B to display samples, and Party B is also willing to provide free samples for Party A in each newly opened supermarket for the shopping mall to display.
Party B can provide additional display samples in addition to the supply quantity, but a separate sampling contract is required, and Party A can also be allowed to sample and display in the supplied goods, and Party A shall make a list of samples when sampling and be confirmed by Party B.
2、商品条码(UPC)
Party B shall paste the commodity barcode label on the goods supplied to Party A, otherwise it shall actively apply to become a member of the Chinese commodity barcode system.
3. Ordering
According to the terms of this agreement, if the parties to the transaction have affixed a legally effective seal (generally a special seal for the contract) on the order, or the content of the order has been actually implemented, it means that Party B recognizes and accepts the transaction.
4. Price
Party A will establish a long-term partnership with Party B, Party B shall provide Party A with preferential commodity prices and support Party A's business philosophy and parity declaration policy, Party B promises to supply Party A at a price lower than the supply price to other distributors. With the exponential development of Party A's supermarket chain, the sales of Party B's goods in the shopping mall will also increase exponentially. In order to ensure the exponential increase in market share, Party B agrees to reduce the supply price accordingly with the increase in sales (the reduction range will be negotiated separately); Party A can transfer all the lower part of Party B's supply price to consumers for benefit, and after the supply price is lowered, the retail price of the goods in the shopping mall will also be lowered accordingly, and if Party B violates the price commitment and causes consumers to complain about the price of the goods, Party B shall resolve and compensate.
5. Changes and adjustments in commodity prices
If Party B increases the price of the goods, it must notify Party A in writing 30 days in advance so that Party A can make a decision. If the price increase is accepted, Party B will receive a written confirmation from Party A indicating the effective date, but the original price will be applied to the goods in Party A's inventory for sale. Otherwise, Party A will not pay for the part of the payment where the actual price of the goods exceeds the order price. DS SolidWorks agrees that if the price of the Goods before shipment is lower than the price specified in the Order, the price in the Order will be reduced accordingly to the price at that time.
6. Guarantee of the lowest supply price
Party B guarantees that the supply price provided to Party A is the lowest price compared with other domestic suppliers, and at the same time ensures that Party A's gross profit margin is in
More than.
7. Price reduction
(1) The price determined by both parties is the settlement price for a period of time, and when Party A finds that the supply price of Party B's products is higher than the price of Party B to other sellers, or Party A needs to reduce the price of the contract goods in response to market requirements, Party B has the obligation to reduce the price of the contract goods simultaneously.
(2) When both parties confirm that the supply price will be reduced, the value of the inventory goods that have not been sold in Party A's store shall be reduced to the price after the price reduction.
8. Suspension of production or suspension of supply
If Party B needs to suspend production, close or suspend supply for any reason, Party B shall notify Party A in writing 60 days in advance, so that Party A can make corresponding adjustments.
9: Product promotion
(1) Advertising: Party B shall provide advertising support for its own products, and shall draw up a promotion plan when the contract is signed, and the specific method shall be specified in the confirmation signed by both parties
(2) In accordance with Party A's overall promotion policy, Party B shall, at the request of Party A, discount some or all of its products during the celebration of Party A and Party A's stores, or take other ways to benefit consumers.
(3) Party A will send the promotion plan and the matters requiring Party B's support and cooperation to Party B by fax during the specific promotion, and if Party B does not reply to the feedback within the receipt time shown in the fax, Party B shall be deemed to have agreed to Party A's promotion plan and requirements.
10: In the process of cooperation between the two parties, when the origin, price, specification name and other relevant information of Party B's goods change, Party A shall be notified in writing in a timely manner, so that Party A can correct the corresponding information in Party A's system in a timely manner, otherwise Party B shall be responsible for compensation for the relevant customer complaints and other losses arising therefrom.
5. Delivery
1. Party B guarantees that the goods will be delivered to the place specified in the order according to the arrival date determined in the order, and the advance or delay shall not exceed two days. If partial delivery is required, this should be indicated on the transport document. If the goods cannot be delivered on time, Party B shall immediately notify Party A in writing (including fax). Without the consent of Party A, Party B shall not deliver the goods earlier or later than the period specified above. For goods that are not delivered on time without reason, Party A has the right to refuse and cancel the order.
2. If Party B delays delivery, causing Party A to delay delivery to consumers, causing consumer complaints and compensation losses, Party B shall bear the burden, but the maximum compensation amount shall not exceed the total price of the goods ordered by consumers.
3. The mode of transportation of the goods shall be determined by the two parties through negotiation. In the case of changing the mode of transportation that may increase the cost, the written consent of Party A must be obtained.
6. Receiving and acceptance criteria
1. The quantity is accurate and the packaging is intact, which is subject to the second acceptance of Party A. Party A's deadline for product quantity, appearance defects and internal quality is: 1: The acceptance of the product quantity is subject to the actual receipt. 2: The time limit for raising objections to product appearance defects is within 7 days of opening the outer packaging of the goods. 3: The internal quality problems of the product are within 7 days after the product is sold within the shelf life of the product or the consumer complains. Party A has the right to refuse the goods that do not match the order, the goods that do not match the packing list and the goods, the goods that are damaged due to the damage caused by the damaged outer packaging, and the goods whose quality does not meet the standards, and notify Party B in time. In order to reduce the loss, Party A can keep it on behalf of Party A, and the damage to the goods and the expenses arising therefrom shall be borne by Party B. If Party B fails to properly dispose of it within two months, Party A has the right to auction or sell it, and the balance of the proceeds will be returned to Party B after the relevant expenses are paid. Party A issues a receipt voucher for the goods received in good condition, so as to facilitate Party B's accounting and settlement.
7. Invoicing and settlement
1. Party A shall pay the payment on the 10th and 25th of each month according to the terms specified in the order, unless otherwise agreed by both parties.
2. When Party A makes payment, Party B shall issue a correct national unified original VAT invoice and other necessary documents according to the settlement amount checked by both parties. Unless otherwise agreed by both parties.
8. Guarantee and Insurance
1. Party B guarantees the quality of its goods and pre-sales and after-sales services, and abides by the relevant national laws and regulations.
2. Party B guarantees that the raw materials and production process of the goods are in accordance with the legal requirements
3. If Party B insures the subject matter of the contract, it shall provide Party A with valid supporting documents.
9. Cancellation of the Agreement and Return and Exchange of Goods
1. The quality problems found by Party A or found by the users of the goods will be prompted to Party B, and Party B will be responsible for returning or exchanging the goods.
2. In the reasonable operation of Party A, Party B agrees that Party A cancels the order in whole or in part, gives up or refuses to accept the goods, returns the goods in whole or in part, and Party B shall pay the expenses incurred when Party A returns the goods to Party A:
(1) Party B fails to perform or does not fully perform the terms of this Agreement and the Order;
(2) Party B breaches the warranties made in Section VIII herein;
(3) All or part of the goods have defects that do not meet the quality inspection standards;
(4) The goods shipped are less or more than the quantity specified in the order, or do not match the sample, or do not conform to the provisions in the order;
(5) The goods shipped by Party B without the prior consent of Party A and the delivery date are changed without authorization.
3. Handling of unsalable goods
Party A agrees to inform Party B of the information about the unsalable varieties in the goods supplied by Party B in the shopping mall in a timely manner; Party B agrees to take back the unsalable varieties from Party A, or exchange the varieties required by Party A to Party A for the same amount of the goods.
10. Party B's commitment
1. When Party A finds that Party B has any of the following behaviors, Party B shall immediately terminate the agreement at the request of Party A, and Party B shall pay liquidated damages to Party A at 10 times of the amount involved.
1) Party B shall not give Party A's purchasers and stakeholders invitations and rebates in any form.
2) Party B accepts Party A's personnel or their close relatives to work in Party B or Party B's affiliates.
3) Party B gives away or sells the equity of Party B or Party B's affiliates to Party A's personnel at a low price.
11. Resolve consumer complaints
Party B shall be responsible for resolving the consumer's complaint about the quality and price of Party B's goods, and Party B shall compensate Party B if Party B does not solve the problem in a timely manner or does not solve the problem, resulting in litigation or the involvement of news media causing economic and reputational losses to Party A.
12. Liability for breach of contract:
Any party shall bear the liability for breach of contract, and the specific way to bear the liability for breach of contract is to pay liquidated damages to the non-breaching party. The liquidated damages shall be 1% of the total amount of the subject matter of the breached part of the contract; If one party breaches the contract and causes losses to the other party, the liquidated damages paid cannot compensate for the losses.
XIII. Conditions for Termination of Contract
1. The contract term agreed in the supply cooperation agreement expired, and the two parties did not renew the contract.
2. One of the parties to the contract breaches the contract and fails to achieve the expected purpose of the contract.
3. During the validity period of the contract, either party may terminate the cooperation 30 days in advance, subject to the consent of the other party.
14. Handling of the aftermath of the termination of the contract> both parties shall settle the accounts within one month after the termination of the contract, and the last payment shall be paid within 180 days after the completion of the accounts of both parties
15. Annexes to this Agreement
16. Conditions for the entry into force of the agreement
This Agreement shall come into force after being signed by the legal representatives or authorized agents of both parties and stamped with the official seals of both parties.
XVII. Other matters
1. Neither party shall modify or delete the agreement on its own during the performance of the agreement, unless other terms are indicated in the order or otherwise agreed by both parties. The two parties confirm that this cooperation agreement is a principle of transaction between the parties.
2. If Party A makes a mistake or fails to implement the terms of the agreement, it shall compensate Party B for the losses caused thereby. Because of Party B's error, or Party B's failure to perform in accordance with the terms of the agreement and the order, Party B shall compensate Party A for the losses caused thereby, and Party B can pay Party A for the losses in cash or from the relevant expenses payable by Party B, or deduct from the payment payable by Party A to Party B.
3. Both parties agree that when the non-breaching party seeks its own rights from the breaching party, the breaching party shall bear the corresponding expenses arising therefrom.
4. This Agreement is signed in Beijing, the People's Republic of China, and shall be subject to the relevant laws of the People's Republic of China.
5. Disputes arising from matters under this Agreement shall be resolved by both parties through negotiation as far as possible, and if the negotiation fails, the corresponding people's court in Beijing shall resolve it through litigation.
6. This agreement is valid from YYYY-MM-DD to YYYY-MM-DD.
7. This agreement shall be executed in four copies, two copies of which shall be held by both parties and shall have the same legal effect.
Party A: (stamped)
Signature of the legal representative:
(or authorized agent) year, month and date
Party B: (stamped)
Signature of the legal representative:
(or authorized agent) year, month and date
Special Commodity Production, Sales, and Supply Agreement 2
Contract No.: ________________
Party A (Supplier):
Address:
Mailing address:
Zip code:
Legal representative:
Contracted Representatives:
Contract Contact:
Phone:
Fax:
E-mail:
Party B (Recipient):
Address:
Mailing address:
Zip code:
Legal representative (if Party B is a legal entity):
Contracted representative (if Party B is a legal entity):
Contract Contact:
Phone:
Fax:
E-mail:
Given:
1. The supplier is the sole patentee of the Chinese patent. The supplier filed an application for the invention under the patent with the Chinese Patent Office on XX/XX/XX, and the application number was , and the PRC Patent Office approved the patent right on XX/XX/XX.
2. The supplier has the right and agrees to grant the above-mentioned patent exploitation license.
3. The recipient agrees to obtain the above-mentioned patent exploitation license from the supplier.
4. The parties shall conclude the contract through negotiation as follows:
Article 1 Types of Licenses
1. This license is an exclusive license.
2. The Supplier shall not manufacture, use and sell the Products under this License outside the areas listed in paragraph 3.
3. The recipient has the right to grant sublicenses.
4. This exclusive license shall not be transferred without the permission of the supplier.
Article 2 Scope of Use of Technology
1. The scope of protection of the patent determined by the supplier is .
2. The supplier has used the patented technology outside the contract area, and the supplier determines the following technical level according to the use results.
3. The entire scope of technical use of the patent is the scope of technical use of the license under this contract.
Article 3 Contract Area
1. This exclusive license is granted to the following territories:
2. Recipient shall not manufacture, use, and sell the Products under this License in any region other than those listed above.
3. The recipient may export the products under this license to the following countries:
Article 4 Technical assistance
1. The supplier has the obligation to provide the recipient with the necessary technical information for the exploitation of the patent.
2. The supplier is responsible for accepting and arranging the technical personnel of the recipient to go to the supplier enterprise for training. The supplier should do its best to meet the requirements of the recipient's training, so that the recipient's personnel can master the patented technology.
3. The supplier is responsible for sending technical personnel to the recipient enterprise to provide technical services.
Article 5 Improvement of patented technology
1. The supplier has the obligation to inform the recipient of all the improvements related to the patented technology during the validity period of the contract and provide them to the recipient for use. The usage fee shall not be increased as a result.
2. The recipient does not need to obtain the approval of the supplier to improve the patented technology, but the supplier must be notified. The supplier has the right to use the recipient's improvement results after paying an appropriate fee.
3. If the improvement of the recipient is patentable, the recipient has the right to file a patent application. After the patent is granted, it belongs to the recipient.
Article 6 Supplier's Guarantee
1. All the contents listed in paragraph 2 of the supplier's guarantee. The supplier and the recipient jointly assess and accept the technical level and requirements of the patented products in the recipient's factory, and the supplier bears the responsibility for assessment and acceptance.
2. The supplier guarantees that all the patent rights owned by the supplier are legal, valid and free from defects. Article 7 Preservation and protection of patent rights
1. The supplier is obliged to be responsible for maintaining the patent right and paying the annual fee.
2. When the supplier intends to give up the patent right, it must notify the recipient in time. The recipient has the right to obtain the patent right waived by the supplier free of charge.
3. Both the supplier and the recipient have the right to sue a third party for patent infringement. When one party sues, the other party should support it. The party who decides to sue bears the costs of the prosecution and the proceeds of winning the case go to him. If the parties to the contract agree to sue jointly, the resulting costs and benefits are apportioned in the following proportions: Supplier, Recipient.
Article 8 Implementation Obligations
1. The recipient bears the obligation to exploit the patent.
2. The Recipient shall not be obligated not to manufacture and sell competing products.
Article 9 Payment and Payment Conditions
1. The total contract price paid by the recipient to the supplier is: entry fee: ____ US dollars (capital: ____ US dollars) commission fee: . (Write clearly according to the provisions of the commission method, commission rate, commission base price, commission period, etc. agreed by both parties)
2. All fees under this contract shall be paid by or and the recipient shall pay through the bank and the bank. Payments from the supplier to the recipient shall be made through the bank and the bank. All bank charges incurred in China shall be borne by the recipient, and bank charges incurred outside of China shall be borne by the supplier.
3. The total price of this contract shall be paid by the recipient to the supplier in accordance with the following methods and proportions:
3.1 % of the entry fee, calculated in US dollars (capital: US dollars), which shall be paid to the supplier no later than 30 days from the date of receipt of the following documents by the recipient:
a. The original and one copy of the irrevocable letter of guarantee issued by the supplier's bank in the amount of US dollars (capital: US dollars) in favor of the recipient.
b. The amount is in the form of the total contract price, and the invoice is in quadruplicate.
c. One original and one copy of the demand draft.
At the same time as paying the above amount, the recipient shall submit to the supplier an original and a copy of the irrevocable letter of guarantee issued by the bank in the amount of US dollars (capital: US dollars) in favor of the supplier.
3.2 % of the entry fee, calculated in US dollars (capital: US dollars), after the supplier has delivered the technical information specified in this contract, no later than 30 days from the date of receipt of the following documents submitted by the supplier, the recipient shall pay to the supplier after verification.
a. Commercial invoice in quadruplicate;
b. One original and one copy of the demand draft;
c. The last batch of technical information, the air waybill and the supplier's letter stating that the technical information has been delivered in duplicate.
3.3 % of the entry fee, calculated in US dollars (capital: US dollars), after the completion of the training work in accordance with this contract, the recipient shall pay to the supplier within 30 days after receiving the following documents.
a. Commercial invoice in quadruplicate;
b. One original and one copy of the demand draft;
c. Two copies of the documents signed by both parties stating that the training has been completed in accordance with the requirements of the contract.
4. The recipient will start to pay the commission fee after the product assessment reaches the specified technical level. The conditions for payment of the royalty fee are as follows:
4.1 Within 15 days after December 31 of each year, the recipient shall notify the supplier of the actual sales volume of the products in the previous calendar year.
4.2 Within 30 days after receiving the following documents from the supplier, the recipient shall pay the supplier after verification:
a. Four copies of the commission fee calculation for the period;
b. Commercial invoice in quadruplicate;
c. One original and one copy of the demand draft.
5. When the supplier needs to pay a fine or compensation to the recipient, the recipient has the right to deduct it from any of the above payments.
Article 10 Taxes
1. All taxes and fees incurred outside the recipient's country due to the performance of this contract shall be borne by the supplier.
2. The income obtained by the supplier in China due to the performance of this contract must be taxed in accordance with the Chinese tax law. This tax is withheld by the recipient at the time of each payment and a copy of the tax receipts is given to the supplier.
Article 11 Confidentiality
1. During the validity period of the patent of this contract, Party A shall keep confidential the know-how related to it provided by Party B.
2. Upon the expiration of the validity period of the patent of this contract, Party A shall no longer assume the obligation of confidentiality for the proprietary technology related to it.
Article 12 Arbitration
1. All disputes arising out of or in connection with the execution of this contract shall be settled through friendly negotiation between the two parties. If no agreement can be reached through negotiation, it shall be submitted to arbitration.
2. The place of arbitration shall be in the arbitration and the arbitration shall be conducted by the Arbitration Commission in accordance with the arbitration procedure rules of the Commission.
3. The arbitral award shall be final and binding on both parties.
4. The costs of arbitration shall be borne by the losing party.
5. The contract shall continue to be executed except for the part of the arbitration that takes place during the course of the arbitration.
Article 13 Force Majeure
1. In the event that the execution of the contract is affected by war, severe flood, fire, typhoon or earthquake (or other force majeure events agreed by both parties) due to war, severe flood, fire, typhoon or earthquake (or other force majeure events agreed by both parties), the period for performance of the contract shall be extended for the time affected by the accident.
2. The responsible party shall notify the other party of the occurrence of force majeure events by telex or telegram as soon as possible, and submit the supporting documents issued by the relevant authorities to the other party for confirmation by registered air mail within 14 days.
3. If the force majeure event continues for more than 120 days, the two parties shall resolve the issue of continuing to execute the contract as soon as possible through friendly negotiation.
Article 14 Breach of contract
If any party to the contract breaches the terms of this contract due to reasons other than force majeure, the other party may demand compensation from the offending party in writing or terminate the contract early. If compensation is claimed, and the breaching party fails to compensate within 90 days of the notice, the other party has the right to initiate arbitration.
Article 15 Validity, Termination and Others of the Contract
1. This contract is signed by the representatives of both parties. Each party shall apply to the national government authorities for approval, and the date of approval by the last party shall be the effective date of this contract. The parties shall use their best efforts to obtain approval within 60 days, notify each other by telex, and confirm it by letter. This contract cannot be effective for 6 months from the date of signing, and both parties have the right to cancel the contract.
2. The validity period of this contract is a total of one year from the effective date of the contract, and this contract will automatically become invalid after the expiration of the validity period. 3. After the termination of this contract, the recipient has the right to continue to sell the contract products manufactured before the termination of the contract.
4. At the expiration of this contract, the unsettled claims and debts incurred by both parties shall not be affected by the expiration of the contract, and the debtor shall continue to repay the unpaid debts to the creditor.
5. This contract is written in English and Chinese and has the same effect. Both sides will hold two copies in English and two copies in Chinese (in Japanese and Chinese in Japan).
6. The annex to this contract is an integral part of this contract and has the same effect as the text of the contract.
7. Any change, modification, addition or deletion of the terms of this contract shall be subject to the agreement of both parties and the authorized representative shall sign a written document as an integral part of this contract and shall have the same effect.
8. During the validity period of this contract, communication between the parties shall be conducted in English or Chinese, and the formal notice shall be in writing, by registered mail, in duplicate.
Party A: (Signature) Party B: (Signature)
Legal Representative: Legal Representative:
Date: Date:
Special Commodity Production, Sales, and Supply Agreement 3
Employer: ____________ (hereinafter referred to as Party A)
Contractor: ____________ (hereinafter referred to as Party B)
Due to production needs, Party A entrusts Party B to contract the casting and processing of the company's low-voltage products in the form of contracting. In order to clarify the responsibilities of both parties and ensure that the products are completed on time, in quantity and in quality, the two parties have reached the following terms of the contract through full negotiation on the basis of equality, voluntariness and fairness, and hope to abide by them together.
Article 1 Processing Contract
1. Party A entrusts Party B to process power fittings (low-voltage) products for it, and the places, equipment, molds (fixtures) required for production and processing As well as the raw materials, auxiliary materials, water, electricity, gas, etc. required in the production process are provided by Party A: the style, variety, standard requirements, quality and quantity, process documents, delivery date, etc. are subject to the production order, technical drawings and process documents provided by Party A: the unit price of the processed varieties shall be determined by the two parties through prior negotiation, and Party B shall sign and confirm that Party B agrees to accept Party A's entrustment and requirements for processing and production. (Detailed list attached)
2. Before each production, Party A opens a specific commissioned processing production order, the general terms of which are stipulated in this contract, and the supplementary terms are stated in the production order, which take effect when both parties confirm the signature and seal or Party B actually starts the sample production.
3. The main content of the commissioned processing production order is the product name, quantity, quality standards, delivery date information and specific specific requirements, liability for breach of contract, etc., if the order agreement is different from the contract agreement, the order shall prevail.
4. The commissioned processing and production order is attached to this contract, which conforms to the general provisions of this contract and is an indispensable annex to this contract.
5. If the products required by Party A are different models of new products, the two parties can negotiate and confirm the price of the products on behalf of the company.
6. Party B will give priority to arranging workers to complete the production tasks assigned by Party A on time, so as to ensure quality and quantity, and ship on time.
7. Product quality requirements: meet the technical requirements indicated in the process documents and product drawings. Party A shall carry out acceptance in accordance with the technical drawings and sealed samples.
8. Product acceptance procedures and methods: product acceptance is carried out by sampling, and smoking acceptance is carried out in the three stages of sample and batch production and warehousing.
Second, the validity period of the contract
1. The term of this contract is temporarily one year, and the specific decision shall be subject to Party A's notice.
Third, the processing fee settlement
From the date Party B receives Party A's production order to the 10th of the next month is the settlement date, and the settlement will be received on the 15th.
4. Party A's rights and obligations
1. Party A shall ensure that the conditions that should be issued by the product producer are met:
1)
2)
3)
4) Ensure the integrity of production facilities and equipment such as furnaces, presses, molds (fixtures); Ensure the accuracy of product technical drawings and process documents; Ensure the timeliness of raw and auxiliary materials and the smooth flow of water, electricity, gas, etc.; Provide Party B with relevant safety facilities and protection tools.
2. Appoint a product management representative to be responsible for the inspection and supervision of product progress and product quality.
3. Organize acceptance personnel in a timely manner and handle the acceptance and settlement procedures for delivery.
4. Provide work-related injury insurance for Party B's relevant personnel (since social insurance and other benefits have been included in the processing fee, Party A will no longer bear it, and Party B will participate in the insurance by itself).
5. During the contract period, Party B's employees do not enjoy other benefits of the company.
6. Party A guarantees that a low-pressure casting machine works 12 hours a day, due to Party A's production reasons caused by Party B's shutdown, Party A should arrange Party B to work 90/yuan per day, technicians work 130/yuan per day, and the work efficiency during the shutdown shall not be less than the daily production volume of the company's employees.
7. Party A requires Party B to operate low-voltage equipment to produce products from the date of signing the contract to the date of termination, and if the contract is breached, Party A shall pay Party B liquidated damages according to the annual production volume, and Party B shall deposit one month's salary (yuan) as Party A's breach of contract deposit (the contract termination breach deposit will be returned).
5. Party B's rights and obligations
1. According to the content specified in the production order, according to the quality, quantity, and on-time production, in strict accordance with the technical drawings and process documents provided by Party A for processing and production; If a design error or serious unreasonable situation is found, Party A shall be notified in writing, but without the written permission of Party A
It is strictly forbidden to modify the technical parameters and appearance of the product without authorization.
2. Accept the necessary supervision of Party A without affecting production, and submit the completion acceptance notice to Party A in a timely manner
3. Party B shall abide by Party A's rules and regulations, and it is strictly forbidden to be late, leave early and smoke in the workplace, etc.;
4. Party B is responsible for the cleaning and finishing of the working environment at the production site, ensuring that the workplace is clean and tidy, the products are stacked in an orderly manner, and accepting Party A's 6S inspection and other management requirements;
5. Party B should strictly manage safety production and civilized production, wear protective equipment for safe production during production, and take care of Party A's production equipment and facilities, and reasonably use auxiliary materials in production; In strict accordance with the technical drawings and process documents, it is strictly forbidden to violate regulations and operate in violation of regulations.
Article 6 Breach of Contract Clause
1. If Party B fails to produce in accordance with the technical drawings and process documents provided by Party A, resulting in substandard product quality, all rework shall be carried out, and Party B shall compensate for the consumption of raw materials, auxiliary materials, water, electricity, etc. If there are 3 quality problems due to Party B's reasons, Party A has the right to unilaterally terminate the contract and further pursue legal responsibility;
2. During the normal cycle, if Party B fails to ship the goods in accordance with Party A's requirements with quality and quantity, it shall bear the liability for breach of contract, and the liquidated damages shall be 50% of the total value of the order products.
3. If Party B does not operate in accordance with Party A's process documents, resulting in abnormal damage to Party A's equipment and facilities, Party B shall compensate according to the price. The amount of compensation will be given after appraisal by a third-party organization.
4. Party B does not wear the prescribed protective equipment and operates in violation of regulations, resulting in a safety accident, and Party B is responsible for the economic and legal consequences, and Party A has nothing to do with it.
5. Party B violates Party A's management system, and the assessment deducts points, and its penalty standard is deducted from the processing fee with reference to other employees of XX company.
6. If Party A fails to pay the OEM payment to Party B in time, it shall pay the overdue liquidated damages according to the standard of 0.05% of the total amount of the OEM payment each time.
7. If the quality problem is caused by Party A's design and process documents, Party A shall be responsible for it, and Party B shall have nothing to do with it, and the processing fee agreed in advance shall be paid correctly;
8. If the delivery time is delayed due to Party A's production conditions, Party B shall not be liable, and Party B shall be fully responsible if Party B believes that the mold is damaged.
Question 7: Others
1. Due to force majeure factors: such as natural disasters, wars, national policies, and others
Both parties shall not pursue the breach of contract caused by force majeure factors, and the corresponding losses shall be borne by all parties.
2. During the performance of this contract, including the order and other relevant documents, if there is a dispute, the two parties can negotiate to settle it, and if the negotiation fails, either party can file a lawsuit with the people's court.
3. If there are any matters not covered in this contract, the two parties can negotiate separately and make written supplementary modifications on the basis of consensus.
4. After the contract comes into effect, Party A unilaterally terminates this contract without any reason, and shall compensate Party B for this
The liquidated damages of the contract are 30,000 yuan, and Party B shall pay Party A 30,000 yuan for unilateral breach of contract
5. This contract shall be executed in duplicate, one for each party, and shall have the same legal effect.
Attached: OEM product types, unit price list
Party A (seal): ____________ Party B (seal): ____________
Representative (Signature): ____________Representative (Signature): __________