Entrusting to make a model processing contract 1
Party A: (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B)
In order to give full play to market advantages and expand the development of brand market, Party A decided to engage in the production and sales of high and low voltage motor soft starter series and inverter series products for transmission (hereinafter referred to as "transmission series products"). Through negotiation with Party B, the marketing concepts and strategies of both parties are consistent, and based on the principle of "mutually beneficial cooperation and mutual benefit * * * *", this agreement is entered into by both parties through friendly negotiation, which serves as the basis for ODM project cooperation and subsequent purchase of products and services.
1. Products commissioned
1. Considering that Party A is familiar with the market and has rich customer resources and marketing capabilities, Party B provides Party A with a series of transmission products. Party B promises that all products provided will obtain valid CCC certification. The products strictly comply with the requirements of CCC certified factory quality assurance ability, and Party A shall carry out ODM certification on CCC certified products provided by Party B before entering the market.
2. The products that Party A entrusts Party B to produce are high and low voltage electric soft starter series and frequency converter series. Party B accepts the entrustment of Party A and promises that the products produced must meet the national standards and quality standards, meet the technical requirements of Party A, and be responsible for the quality of the products produced.
3. Party B shall organize production according to Party A's needs, and the specific specifications and quantity of products shall be subject to Party A's order, and the products shall be delivered at the time specified in the order and sent to Party A..
4. Party B shall cooperate with Party A to solve the special situation in the sales service. However, it shall not bear any legal responsibility for the creditor's rights and debts incurred in the operation of Party A's enterprise.
5. The ODM products produced by Party B are consistent with the certified products. If there is any change in structure or key parts, it can only be changed with the approval of the certification body.
2. Brand and packaging of products
1. For the high and low voltage electric soft starter series and inverter series products that Party A entrusts Party B to produce, Party B must provide the products that have passed the factory inspection, and the nameplates and labels provided to Party A are not marked with the company name, and the "neutral" inner and outer packaging is adopted. If special brands and models are needed, they should be stated in the order.
2. Party B shall not use and mark the products with the name, model and address of Party A's enterprise for external sales.
3. restriction of product market
1. Party A should actively establish the market and marketing network of transmission series products, strive to expand product marketing and increase the total production of products entrusted for production
2. Party A shall not design the above-mentioned projects and the tracked projects for Party B to carry out sales activities and conduct malicious market competition.
3. Party B and the marketing channels shall not dump products at low prices and engage in malicious market competition for the projects that Party A has passed the market design of the design institute and the projects that have established the basic relationship.
iv. Supply price of products
1. Party A shall develop the market as quickly as possible, establish a sales organization, develop a marketing network, carry out the marketing work of transmission series products with Party A's brand, and bear the marketing expenses incurred in the process of market development and product sales.
2. in view of the investment risk of product marketing undertaken by party a, party b should do its best to support party a to actively carry out marketing work and provide party a with the most favorable supply price of transmission series products, and specifically determine the preferential supply price of products as% of party a's market price.
3. If the annual commissioned production volume and rebate amount of Party A reach more than 5 million/year (RMB: Yuan), Party B will give 3% rebate; If Party A reaches more than 1 million/year (RMB: Yuan), Party B will give 5% rebate; If the production capacity entrusted by Party A continues to expand, then Party A and Party B will make a new execution price through renegotiation.
V. Payment settlement
1. The payment settlement of the transmission series products provided by Party B to Party A at the initial stage of cooperation: the principle of spot and cash settlement shall be implemented; After entering the normal cooperation period, Party B will provide Party A with 3% of the payment for each month, for three consecutive months, and pay off 3% of the first month in the fourth month, and so on.
2. the transportation and miscellaneous expenses of the transmission series products from party b to the place where party a is located shall be borne by party a.
VI. Confidentiality clauses and liabilities for breach of contract
1. After this agreement comes into effect, both parties must strictly abide by the agreement and earnestly perform it in good faith
2. In view of the fierce competition in the product market, in order to ensure the legitimate rights and interests of both parties, both parties have the obligation to keep all the contents of this agreement confidential, and neither party may disclose the relevant contents of this agreement to any third party. In case of violation, the breaching party must bear the economic losses caused by this to the other party and compensate the other party for the corresponding available benefits.
3. In the course of cooperation, if Party B breaches the contract or stops supplying goods without reason, it must make unconditional compensation according to the total marketing expenses of Party A..
4. In case of any disagreement or dispute, both parties shall first settle it through friendly negotiation on the premise of this agreement; If the negotiation fails, either party can solve it through legal proceedings according to law.
5. During the cooperation period, Party A shall not use similar products from other manufacturers. In case of this, Party B has the right to terminate the agreement immediately, and Party A shall return the product design drawings and specifications to Party B upon the termination of this agreement; Within 2 years after the termination of the agreement, Party A cannot produce and sell similar products.
6. if party a violates the provisions of this agreement or unilaterally terminates this agreement, party b has the right to demand party a to pay RMB 2, as liquidated damages.
VII. Others
1. This agreement is long-term and has no fixed term. This agreement was signed on October 8, 2_, and will take effect after being signed and sealed by both parties; This agreement is made in duplicate, with Party A and Party B holding one copy respectively. The internal execution documents of Party A and Party B shall extract relevant contents and be distributed to marketing and finance departments separately.
2. after this agreement comes into effect:
① party b shall fully support party a's application for CCC manufacturing certificate of national compulsory products, and provide all drawings and documents required for relevant applications. Party B shall notify Party B at the first time in the future review and change process of CCC certified factory to ensure that the CCC certificate held by Party A is valid and the change response is timely.
② The product name and product model applied by Party A when applying for ODM certification of CCC certified products must be in accordance with Party A's requirements, and all relevant information provided by Party B to Party A must be true and effective.
③ party b shall provide electronic samples and selection materials of transmission series products, as well as technical drawings such as nameplates involved in internal and external packaging objects, so as to support party a to solve the processing and production of nameplates and other packaging objects by itself.
④ At the initial stage of cooperation, Party B shall be responsible for the pre-sale and after-sale service of the transmission series products sold by Party A, and Party B must carry out maintenance and debugging in the name of Party A, and Party A shall bear the corresponding expenses; At the same time, Party B will fully train Party A's service personnel, form a professional service team, and gradually transition to Party A's overall responsibility for products and services.
3. For matters not covered in this agreement, a supplementary agreement can be signed separately during the performance.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
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Address:
Telegram:
Fax:
(The entrusting party and the entrusted party are collectively referred to as "both parties")
On the basis of equality and voluntariness, both parties signed this contract through friendly negotiation, and both parties shall abide by it:
(1) The entrusting party entrusts to process dry sea cucumber products according to the following conditions, and the relevant product orders will be based on.
(2) the entrusted party will process dry sea cucumber products for the entrusting party according to the following conditions, and the related products will be completed according to the provisions of this agreement.
(3) The entrusting party is the sole holder of "Chuankang" trademark and enjoys the patent right of related products.
I. About the order
(1) The entrusting party must confirm the order quantity, order content and delivery time to the entrusted party by fax or email 15 days in advance.
(2) after receiving the order, the entrusted party shall confirm the order to the entrusting party by fax or email within three days.
(3) Unless both parties agree, after the order is accepted by the entrusted party, the entrusting party cannot stop the order and the entrusted party must fulfill it.
(4) the entrusting party must provide the raw materials and packaging materials required for the order to the entrusting party at least five days before the entrusting party starts processing.
(5) The date when the entrusted party receives sufficient and qualified materials and the delivery date of finished products shall be no less than 15 days (including Saturday and Sunday). All losses caused by shutdown or delay due to insufficient quantity, unqualified quality of raw materials and packaging materials or delay in providing required materials shall be borne by the entrusting party. (In addition: If both parties reach an agreement, the entrusted party shall be solely responsible for the procurement of raw materials and packaging materials, and an agreement shall be drawn up in advance. )
(6) The quality inspection of raw materials and packaging materials entering the warehouse (the entrusted party's warehouse) shall be supervised and confirmed by the representative appointed by the entrusting party and the quality director of the entrusted party.
II. About processing and transportation fees
(1) As the products entrusted for processing are seasonal products, the price fluctuates greatly, and the processing fees will be adjusted according to the situation with the consent of both parties. No specific agreement is made in this contract. When the entrusting party needs it, the written documents formed by fax or email shall prevail.
(2) The entrusting party will be responsible for the acceptance of products, arrange transportation matters by itself, and pay related freight and insurance fees.
III. About payment and invoice
(1) After both parties confirm the order, the entrusting party shall pay 3% of the processing fee of the entrusted party in advance, and the balance shall be remitted to the entrusted party's bank account within 1 days after the product is produced and delivered.
(2) The entrusted party must issue the invoice according to the requirements of the entrusting party within three working days after the payment is made by the entrusting party.
iv. Process and product standards
(1) The production process of the product is jointly formulated by both parties and forms a written document, which is signed by both parties for confirmation;
(2) Criteria for judging the quality of finished products: dry sea cucumber implements SC/T 326;
(3) All kinds of raw materials and packaging materials provided by the entrusting party shall meet the requirements of corresponding standards, and ensure that they are purchased from suppliers with corresponding qualifications;
V. Liability for infringement of intellectual property rights, patents and trademarks
Without the written consent of the entrusting party, the entrusted party or anyone can not use the trademark of the entrusting party.
VI. Responsibilities of both parties
(1) When the entrusted party processes the above-mentioned products according to the formula confirmed by the entrusting party and the process requirements confirmed by both parties, it must ensure the quality and quantity and complete the processing task indicators of the entrusting party on schedule;
(2) If the quality of the products is unqualified due to the market supervision or spot check by the supervision department, the responsibilities shall be borne by both parties according to the following conditions:
2. 1 If the products are unqualified due to controllable indicators such as salt, moisture and net content in the production process, the entrusted party shall be responsible and bear the corresponding penalties and other losses;
2. 2 If the products are unqualified due to uncontrollable indicators such as drug residues, heavy metals and protein in the production process, the entrusting party shall be responsible and bear corresponding penalties and other losses;
2. 3 if the products are unqualified due to unqualified raw materials and packaging materials, the actual purchaser of raw materials and packaging materials shall be responsible for the corresponding penalties and other losses.
VII. Termination of Agreement
(1) Either party may terminate this Agreement by giving the other party a written notice 3 days in advance.
(2) if either party violates the above treaties, the other party has the right to terminate this agreement by giving the other party a written notice 3 days in advance according to the provisions of this agreement.
(3) after the termination of the agreement, the entrusting party must take away all the remaining products, raw materials and packaging materials belonging to the entrusting party within five working days after the termination of the agreement, otherwise, the entrusted party has the right to dispose of the relevant materials by itself.
VIII. Term of Agreement
(1) This agreement is valid for one year from the date of signature and seal by both parties. With the consent of both parties, the term of the agreement can be extended by supplementary agreement.
IX. Others
This contract is made in triplicate, one for the entrusting party and the entrusted party respectively, and one for the filing authority.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In case of material shortage due to the reasons of the contractor, the contractor shall bear the responsibility. The contractor shall count the details within three days from the date when the raw and auxiliary materials arrive at the contractor, and notify the customized party in writing, otherwise it shall be deemed that the raw and auxiliary materials provided by the customized party have been received on time and in quantity.
iii. quality requirements and technical standards: the production instructions and confirmation opinions of the customized party shall prevail, and the production of bulk goods can only be started after the first piece is confirmed. All technical data and requirements related to this contract are regarded as the annexes of this contract, and the annexes have the same effect as the contract. Iv. acceptance criteria, methods and time limit for raising objections: the production instructions and confirmation opinions of the customized party shall prevail. If there is any modification, the written modification of the customized party shall prevail, and the product quality shall be strictly guaranteed. Any quality problems and any expenses and claims arising therefrom, including customers of the customized party, shall be borne by the contractor. If a guarantee is required, a separate contract guarantee shall be established as an annex to this contract, and the objection period shall be subject to the time when the customized customer raises the objection. V. Place and method of delivery: designated by the customized party.