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Five Samples of Entrusted Production and Processing Contracts

Article 1 Entrusted Production and Processing Contract Sample

Party A: ____________

Party B: ____________

After full negotiation between the two parties, on the basis of mutual benefit and reciprocity On the basis of the above, the following agreement has been reached regarding Party A entrusting Party B to process and produce [______] series of products:

Article 1 Processed Product Scope

1. Product Name: ____________

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2. Product specifications are: _________

3. If additional products are added, both parties shall sign a separate written supplementary agreement.

Article 2 Entrusted Processing Orders

1. Party A shall provide Party B with the order for the next month in writing or fax on the first day of each month based on the market sales situation, clarifying the quantity and quantity of the order. If Party B has any objection to the delivery time, it shall be submitted in writing within 1 day after receiving the order, otherwise, it will be deemed to be agreed.

2. Party B shall provide products according to the confirmed order. Party A shall make corresponding adjustments to the order based on specific circumstances. The adjustment plan shall be notified to Party B 5 days in advance, but the adjustment range (volume) shall not exceed the planned 25%. If it exceeds 25, both parties will negotiate separately.

3. Party B shall make every effort to meet the requirements of Party A’s order to the maximum extent possible.

Article 3 Processed Product Quality and Responsibilities

1. Party B strictly follows the formula and process confirmed by Party A and Party B, and the product quality complies with national food hygiene standards.

2. The package of the processed products shall be marked with Party B’s factory name and address, and it shall be stated that Party B is entrusted by Party A to produce the products, and a letter of authorization for the use of the “______” trademark shall be attached.

3. If batch quality problems occur during the shelf life of the product, and it is confirmed by both parties or signed by the national inspection and testing agency that it is caused by Party B’s manufacturing, Party B will be responsible for the batch of products with quality problems (both parties need to count the quantities). ), Party B shall also compensate Party A in kind (processed products) for 30% of the total value of the batch of products with quality problems;

4. If the products delivered by Party B are in market circulation, When Party A's interests are damaged due to quality problems, if it is identified by both parties or a notary unit as Party B's responsibility, Party B shall be liable for Party A's direct losses:

(1) Complaint compensation for processed products For problems, Party A, with Party B’s consent in advance (subject to written approval), can first compensate the consumer, and the consumer signs for confirmation, and Party B will bear the compensation, and the compensation will be deducted from the processing fee; when Party B has objections to Party A’s handling , Party A can entrust Party B to assist Party A in handling it;

(2) When Party A requests it, Party B can assist Party A in handling quality complaints, but is not responsible for providing quality complaints to end users (i.e., Party A’s customers) After-sales service;

(3) Party B will be responsible for replacing a small amount of packaging damage and other quality problems;

(4) If the product deteriorates due to improper storage by Party A during transportation or after leaving the factory, , Party B shall not be held responsible.

5. Party B shall conduct random inspections and retain samples of each batch of products in accordance with product standards, and strictly follow the "three inspections" system.

6. Party B shall provide a copy of the industrial and commercial business license with official seal and a copy of the production and health license according to Party A’s sales needs, as well as the factory inspection report of the corresponding batch of products.

Article 4 Supply of raw materials and packaging materials

1. The product’s trademark pattern, logo design pattern and outer packaging design pattern are provided by Party A to Party B. These patterns and their combinations The intellectual property rights belong to Party A, and Party B may not use or permit others to use them in any place other than Party A’s products.

2. Party B is fully responsible for purchasing the raw and auxiliary materials and packaging materials required for processing products, and ensuring that the purchased raw and auxiliary materials and packaging materials meet the requirements of Party A’s product quality standards.

3. Party B shall keep Party A’s materials in good custody, and packaging cartons, labels, etc. shall not flow into the market.

Article 5 Product Delivery and Acceptance

1. Party A shall provide the products by itself, and the delivery location shall be Party B’s factory warehouse. Party A shall be responsible for logistics and transportation, and Party B shall be responsible for loading.

2. Product delivery shall be carried out according to Party A’s order. If there are any changes, both parties shall agree in advance.

3. Before the product leaves the factory, Party A’s representative in the factory shall issue a quality acceptance form and sign on the delivery form of Party B.

4. The basis for product acceptance is the quality documents and corresponding national standards that have been mutually confirmed by both parties.

5. If Party A believes that there are defects in the raw and auxiliary materials, packaging materials and finished products (such as raw and auxiliary materials and packaging materials that do not meet the standards, and the finished products are damaged, etc.), Party A may raise an objection to Party B. And has the right to notify Party B to stop using defective raw and auxiliary materials and packaging materials;

6. Delivery time: The ordering plan will be confirmed by Party B (the plan confirmation time is within 1 day after Party B receives the fax). The supply starts in seven days, and the daily supply volume is: ______monthly order quantity within ______ ten thousand boxes, the day will not be less than ______ ten thousand boxes, and monthly order quantity ______ ten thousand boxes, every day will not be less than ______ ten thousand boxes, ______ ten thousand boxes or more, ______ ten thousand boxes per day.

Client ____________ Processor ____________

Signature of representative: _____Signature of representative: ______

____year__month__day

Part 2 Sample Contract for Entrusted Production and Processing

The entrusting party (hereinafter referred to as "the entrusting party"): ______ Co., Ltd.

The processing party (hereinafter referred to as the "processing party") Party): ______ Co., Ltd.

The entrusting party and the processing party signed this agreement through friendly negotiation on the basis of equality and voluntariness in order to mutually abide by:

(1 ) The entrusting party wishes to entrust the processing party with ____ products according to the following conditions, and the relevant product orders will be issued to the processing party in accordance with the provisions of this agreement.

(2) The processing party wishes to process ___ for the entrusting party according to the following conditions. _ products, the relevant products will be completed in accordance with the provisions of this agreement.

(3) The client is the trademark holder of _____ products and enjoys the patent rights of the relevant products.

First. Monthly orders

1. The client must confirm the order quantity by fax __ days in advance. The order content indicates the delivery time

2. After the processing party receives the order. , the order must be confirmed in writing by fax to the entrusting party within ______

3. Unless both parties agree, after the order is confirmed to be accepted by the processing party, the entrusting party cannot terminate the order and the processing party must fulfill it.

4. The client must provide the processing party with the raw materials and packaging materials required for the order at least five days before the processing party starts work.

5. The processing party receives enough. The date of delivery of materials with satisfactory quality and the date of shipment of finished products shall not be less than __ days (including Saturday and Sunday). Suspension or delay due to insufficient quantity of raw materials and packaging materials, substandard quality or delay in providing required materials. All losses shall be borne by the client.

6. The quality inspection of raw materials and packaging materials (in the processing party’s warehouse) shall be solely responsible for the quality inspection of the raw materials and packaging materials.

7. Including. The value-added tax processing fee (including the cost of raw materials provided by the processor) is calculated from the date of signing of this agreement to __ month __, and can be adjusted according to the circumstances with the consent of both parties.

8. The client will be responsible for product acceptance, arranging transportation, and paying relevant freight and insurance fees.

9. The client is responsible for providing suitable raw materials and packaging materials and providing them free of charge. The processing party transports the required raw materials and packaging materials, and the client arranges and handles the transportation of relevant materials by itself, and pays the relevant freight and insurance premiums.

Second technology and process

The physical and chemical indicators of the finished product are provided by the client (see attachment 1), and the processing party strictly follows the ____ process. During the first processing, the client is responsible for the online testing and quality control of various physical and chemical indicators of the finished product during the processing. As long as the processor processes according to the above requirements and meets the quality index requirements in Appendix 1, the processor has no responsibility for product quality. Other product quality responsibilities shall be borne by the client, unless:

a. The product contains other substances not included in the formula;

b. The product contains glass, green iron, sand, etc. Foreign matter;

c. The product contains substances other than those contained in the formula or substances other than those produced by chemical or physical changes of the substances contained in the formula;

Third payment terms

1. The first processing fee shall be remitted to the bank account of the processing party by the client on __ days after the product production is completed.

2. The processing party must issue a value-added tax invoice to the client within __ working days after the client makes payment.

3. Without the written consent of the entrusting party, the processing party or anyone else cannot use the entrusting party's trademark, trade name or reveal that the processing party is the entrusting party's product processing agent.

Fourth responsibilities of both parties

The processing party processes the above products according to the formula and process requirements confirmed by the client. It must maintain quality and quantity and complete the client's processing task indicators on schedule. The client is responsible for The above-mentioned processed products are purchased from raw materials to all packaging products. If the raw materials are not in place according to the production plan and production is affected, the client will bear full responsibility.

Termination of the fifth agreement

1. One of the parties may terminate this agreement by giving ninety days’ written notice to the other party in advance.

2. If either party violates the above treaty, the other party has the right to terminate this agreement by notifying the other party in writing 30 days in advance in accordance with the provisions of this agreement.

3. After the agreement is terminated, the consigning party must take away all remaining products, raw materials and packaging materials belonging to the consigning party within five working days after the termination of the agreement. Otherwise, the processing party has the right to handle the relevant matters by itself. materials.

Sixth Agreement Term

This agreement will be valid for __ years from the date of signature and sealing by both parties. After negotiation and agreement by both parties, the term of the agreement can be extended by supplementing the agreement.

Client: ____________ Processor: ____________

Representative’s signature: ________ Representative’s signature: ________

Representative’s name: ________ Representative’s name : _________

Part 3 Sample of Entrusted Production and Processing Contract

Entrusting Party (Party A): ____________________________

Entrusted Party (Party B): ____________________________

Due to the needs of production and operation, Party A entrusts Party B to produce and process parts and components. The following contract has been signed by both parties through negotiation in order to abide by it:

1. Entrusted processing of items

Part name_______________

Specification model_______________

Unit____________________

Quantity_____________________

Delivery date______________

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2. Party A provides the main material consumption quota

Name of parts and components____________________

Specifications and models____________________

Name of processing materials____________________

Unit____________________

Material consumption quota______________

3. Processing fee settlement quota

Parts name______________

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Specification model_______________

Unit____________________

Processing fee fixed amount (tax included)___________

IV. Processing fee settlement period

Party A shall pay the processing fee within ________ months after both parties confirm the settlement of the pending account.

5. Regulations on the release of production plans, processing material allocation, write-off and financial settlement operations

1. If a single batch of processing is entrusted, this contract shall be the processing plan; if multiple batches are entrusted, For processing business, Party A shall separately issue a commissioned processing and production plan, clearly specifying the processing period, and Party B must ensure delivery within the specified period.

2. According to the processing plan issued by Party A, Party A and Party B shall handle the procedures for entrusting processing and appropriation of materials, and the managers of both parties will sign and confirm on the "Entrusted Processing and Appropriation List".

3. After the product is processed, Party A and Party B shall handle the handover procedures for the completed product, and the person in charge of both parties shall sign and confirm on the "Processed Product Warehousing Form".

4. During the monthly settlement period, based on the quantity of processed products in that month, Party A and Party B shall handle the processing fee settlement confirmation procedures, and before the payment stipulated in this contract, Party B shall collect it from Party A with the special value-added tax invoice. processing fee.

6. Quality requirements

Both parties shall separately sign a quality technical agreement to clearly stipulate.

VII. Penalties for Delayed Delivery

If Party B delays delivery, a financial penalty of RMB 2 will be imposed for each day of delay.

8. For unfinished matters, both parties shall sign a supplementary agreement separately. The supplementary agreement shall have the same legal effect as this contract.

9. This contract is made in two copies, with Party A and Party B each holding one copy.

Party A (official seal): ____________________

Party B (official seal): ____________________

Signing date: _______year____month____day

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Part 4 Sample Contract for Entrusted Production and Processing

Client: ____________ (hereinafter referred to as Party A)

Client: ____________ (hereinafter referred to as Party B)

Party A entrusts Party B to process ____________________ products. In order to safeguard the interests of both parties, after negotiation between the two parties, the following agreement on related processing matters is reached for both parties to abide by.

Article 1 Processing Content

Party A entrusts Party B to process a series of products for it. The processing quantity, style (or development information), standards, and quality requirements are provided by Party A. The price It shall be determined through negotiation between both parties and shall be specified in the order.

Article 2 Responsibilities of Party A

1. Entrust Party B to process Party A’s ______ products quarterly as planned.

2. Provide Party B with relevant legal documents such as Party A’s production authorization procedures, trademark registration certificate, power of attorney, and proprietary legal certification of trade secrets

3. Provide Party B with Processed product style (or development information), quantity, technical requirements, delivery time, etc.

4. Responsible for providing Party B with various combinations of Party A’s trademarks, internal and external packaging, and entrusting Party B to process Party A’s _____________ products quarterly as planned.

2. Provide Party B with relevant legal documents such as Party A’s production authorization procedures, trademark registration certificate, power of attorney, and proprietary legal certification of trade secrets

3. Provide Party B with Processed product style (or development information), quantity, technical requirements, delivery time, etc.

4. Responsible for providing Party B with various combinations of Party A’s trademarks, internal and external packaging, other packaging and printed matter marked with the trademark, and other content related to Party B’s processed products.

5. Party A has the right to inspect and supervise Party B’s production standards and product quality, put forward opinions and suggestions, and accept the confirmed samples.

6. Party A shall inspect and accept the goods in accordance with the samples and standards determined by both parties.

7. Party A and Party B shall strictly guard business secrets.

1. The trademarks and graphics of the above-mentioned processed products signed in this contract are owned by Party A, and Party B shall not produce or provide them for others.

2. Party A shall not hand over the samples designed and produced by Party B to other manufacturers.

Article 3 Party B’s Responsibilities

1. Engage in processing activities in strict accordance with Party A’s entrusted content and requirements.

2. The styles, quantities, quality and production deadlines determined by Party A will be produced according to the standards determined by Party A. The production standards shall comply with ____________ quality requirements, and the order quantity and variety shall not be exceeded in any form or reason.

3. Responsible for the procurement, acceptance and supply of raw materials, and follow the raw material quality requirements determined by Party A.

4. Strictly manage the trademarks, packaging and printed matter provided by Party A. Party B shall bear corresponding legal liability if Party A’s trademarks, accessories and packaging are lost due to poor management.

5. The styles provided by Party A shall not be used for the production of other trademarks.

6. Strictly guard Party A’s business secrets.

7. Implement three guarantees for the products produced, and the three guarantees standards shall be implemented in accordance with relevant national regulations.

Article 4 Payment method and delivery location

After Party A determines the style, quantity, and standard of entrusted processing, Party A signs an entrusted processing notice with Party B, and the order will be signed from the date of signing. Party B shall pay _________ of the total purchase price within one week as advance payment. The goods provided by Party B shall be paid upon financial verification after Party A has accepted the goods and placed them in the warehouse. The delivery location shall be Party A's warehouse.

Article 5 Acceptance Criteria

Both parties determine the production variety samples before placing an order. Party A and Party B shall use this and the supervision requirements of the quality supervisor during the production process (required in writing) shall prevail) as the acceptance criteria. Party A must accept the products within 3 days from the date Party B delivers them to the designated location.

Article 6 Liability for breach of contract

1. Because Party B fails to deliver the goods within the time required by Party A, Party B shall bear liquidated damages of the total price of this batch of goods ______ every day; if If Party A fails to deliver the goods as required in the contract, Party B has the right to deduct Party A's deposit.

2. If Party B produces or sells Party A's products, packaging, printed matter, etc. without authorization, upon verification, Party B shall pay Party A a liquidated damages of RMB ______ million yuan regardless of the quantity, and shall hold Party B legally responsible.

3. Any violation of other terms of this contract, the responsible party shall bear liquidated damages worth ______ of this batch of goods.

4. If either party A or B breaches the contract, in addition to pursuing liability for breach of contract, the other party has the right to terminate this contract. The legal liability arising from incomplete or false trademarks and authorization procedures provided by Party A shall be borne by Party A, and Party A shall compensate for the economic losses caused to Party B.

Article 7 Contract Validity Period The term of this entrusted processing contract is ______ months, from ______ month ______ of ______ year to ______ month ______ of ______ year date, the production period shall be determined by Party A’s plan notification.

Article 8 If there is a dispute in the contract, Party A and Party B can resolve it through negotiation. If they cannot reach an agreement, they can apply to the ______ Arbitration Commission for arbitration.

Article 9 This contract is made in two original copies and will take effect after being signed and sealed by local representatives of both parties.

Other matters not covered in Article 10 shall be concluded separately.

Party A: ____________ Party B: ____________

Representative: __________ Representative: __________

Part 5 Sample of Entrusted Production and Processing Contract

The entrusting party (hereinafter referred to as Party A):

The processing party (hereinafter referred to as Party B):

After full negotiation between the two parties, on the basis of mutual benefit, Party A entrusts Party B with Regarding the processing and production of _______ series of products, the following agreement has been reached:

Article 1 Processing Product Scope

1. Product name:

2. Product specifications are :

3. If additional products are added, both parties shall sign a separate written supplementary agreement.

Article 2 Entrusted Processing Orders

1. Party A shall provide Party B with the order for the next month in writing or fax on ____ of each month according to the market sales situation, clarifying the order If Party B has any objections to the quantity and delivery time, it shall be submitted in writing within _____ days after receiving the order, otherwise, it will be deemed to be agreement.

2. Party B shall provide products according to the confirmed order. Party A shall make corresponding adjustments to the order based on specific circumstances. The adjustment plan shall be notified to Party B 5 days in advance, but the adjustment range (volume) shall not exceed the planned ______ , if it exceeds _____, both parties will negotiate separately.

3. Party B shall make every effort to meet the requirements of Party A’s order to the maximum extent possible.

Article 3 Processed Product Quality and Responsibilities

1. Party B strictly follows the formula and process confirmed by Party A and Party B, and the product quality complies with national food hygiene standards.

2. The package of the processed products shall be marked with Party B’s factory name and address, and it shall be stated that Party B is entrusted by Party A to produce the products, and a letter of authorization for the use of the “______” trademark shall be attached.

3. If batch quality problems occur during the shelf life of the product, and it is confirmed by both parties or signed by the national inspection and testing agency that they are caused by Party B’s manufacturing, Party B will be responsible for the batch of products with quality problems (both parties need to count the quantities). ), Party B shall also compensate Party A in kind (processed products) according to _______ of the total value of the batch of products with quality problems;

4. If the products delivered by Party B are circulated in the market Among them, when Party A's interests are damaged due to quality problems, if it is Party B's responsibility after identification by both parties or by a notary unit, Party B shall be liable for Party A's direct losses:

(1) Processed products For complaints about compensation issues, Party A can first compensate consumers with the prior consent of Party B (subject to written agreement). The consumers will sign for confirmation, and Party B will bear the compensation, and the compensation will be deducted from the processing fee; when Party B has any objection to Party A's handling If there is any objection, Party A can entrust Party B to assist Party A in handling it;

(2) When Party A requests it, Party B can assist Party A in handling quality complaints, but is not responsible for the end users (i.e. Party A’s customers) ) Provide after-sales service;

(3) Party B will be responsible for replacing a small amount of packaging damage and other quality problems;

(4) If it is caused by improper storage by Party A during transportation or after leaving the factory, Party B will not be held responsible if the product deteriorates.

5. Party B shall conduct random inspections and retain samples of each batch of products in accordance with product standards, and strictly follow the "three inspections" system.

6. Party B shall provide Party A with a copy of the industrial and commercial business license stamped with the official seal, a copy of the production and health license, and the factory inspection report of the corresponding batch of products according to Party A’s sales needs.

Article 4 Supply of Raw Materials and Packaging Materials

1. The product’s trademark pattern, logo design pattern and outer packaging design pattern are provided by Party A to Party B. These patterns and their combinations The intellectual property rights belong to Party A, and Party B may not use or permit others to use them in any place other than Party A’s products.

2. Party B is fully responsible for purchasing the raw and auxiliary materials and packaging materials required for processing products, and ensuring that the purchased raw and auxiliary materials and packaging materials meet the requirements of Party A’s product quality standards.

3. Party B shall keep Party A’s materials in good custody, and packaging cartons, labels, etc. shall not flow into the market.

Article 5 Product Delivery and Acceptance

1. Party A shall provide the products by itself, and the delivery location shall be Party B’s factory warehouse. Party A shall be responsible for logistics and transportation, and Party B shall be responsible for loading.

2. Product delivery shall be carried out according to Party A’s order. If there are any changes, both parties shall agree in advance.

3. Before the product leaves the factory, Party A’s representative in the factory shall issue a quality acceptance form and sign on the delivery form of Party B.

4. The basis for product acceptance is the quality documents and corresponding national standards that have been mutually confirmed by both parties.

5. If Party A believes that there are defects in the raw and auxiliary materials, packaging materials and finished products (such as raw and auxiliary materials and packaging materials that do not meet the standards, and the finished products are damaged, etc.), Party A may raise an objection to Party B. And has the right to notify Party B to stop using defective raw and auxiliary materials and packaging materials;

6. Delivery time: The ordering plan will be confirmed by Party B (the plan confirmation time is within _____ days after Party B receives the fax) The supply will start on the ______ day after that. The daily supply volume is: the monthly order quantity is within _______ ten thousand boxes, and the first ____ day is no less than _______ ten thousand boxes. The monthly order quantity is _______ ten thousand boxes. , no less than _______ million boxes per day, and more than _______ million boxes per day, _______ million boxes per day.

Article 6 Liability for breach of contract

1. Because Party B fails to deliver the goods within the time required by Party A, Party B shall bear the total price of this batch of goods______ as liquidated damages every day; if If Party A fails to deliver the goods as required in the contract, Party B has the right to deduct Party A's deposit.

2. If Party B produces or sells Party A's products, packaging, printed matter, etc. without authorization, upon verification, Party B shall pay Party A a liquidated damages of RMB ______ million yuan regardless of the quantity, and shall hold Party B legally responsible.

3. If any other terms of this contract are violated, the responsible party shall bear liquidated damages worth ______ of the goods.

4. If either party A or B breaches the contract, in addition to pursuing liability for breach of contract, the other party has the right to terminate this contract. The legal liability arising from incomplete or false trademarks and authorization procedures provided by Party A shall be borne by Party A, and Party A shall compensate for the economic losses caused to Party B.

Article 7 Others

1. Dispute resolution channels: If there is a dispute in the contract, Party A and Party B can resolve it through negotiation. If they cannot reach an agreement, they can apply for arbitration to the ______ Arbitration Commission

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2. Contract Effective Time: Contract Validity Period The term of this entrusted processing contract is ______ months, from ______ month ______ day ______ year to ______ month ______ year ______ _ date, the production period shall be determined by Party A’s plan notification.

3. This contract is in original copy and will take effect after being signed and sealed by local representatives of both parties.

4. Other unspecified matters shall be concluded separately.

Client (stamped):

Signature of representative:

_______year____month____day

Processing party (stamped):

Signature of representative:

______year____month____day