A contract is an agreement between the parties or parties to establish, change, and terminate a civil relationship. A contract is established in accordance with the law and is protected by law. Below is a sample contract for cooperation between the two parties that I have compiled for you. You are welcome to read it.
Sample cooperation contract between the two parties 1
Party A: ___________
Party B: ___________
According to "Contract Law" and relevant provisions, in line with the principles of equality, mutual benefit, sincere cooperation, and mutual development, Party B will open up the market for *** and provide after-sales service for ________ brand products. Party B is distributing Party A's products. At the same time, we also undertake after-sales service work. After negotiation between the two parties, the following agreement has been reached on the after-sales service of ________ brand products in Party B’s distribution area:
1. Party A’s responsibilities and rights
1. Responsible for Party B ( Party B will bear the travel expenses during the training period, and Party A will provide food and accommodation. Party B will be provided with product maintenance accessories and related technical information.
2. Formulate and provide "Maintenance Charge Standards" to Party B.
3. Check Party B’s service quality from time to time. If Party B's service quality cannot meet Party A's requirements, Party A may require Party B to replace after-sales service personnel or refuse to pay the maintenance costs.
4. For products that cannot be repaired by Party B, Party A shall provide technical assistance to Party B for repairs.
2. Responsibilities and obligations of Party B
1. A ________ product after-sales service agency must be established, equipped with qualified maintenance personnel, equipment and service venues.
2. Clarify the person in charge of maintenance and full-time maintenance personnel, and provide the after-sales service address and consultation phone number to Party A. If there are any changes, Party A should be notified ten days in advance.
3. Party B must provide maintenance services for ________ brand products in the distribution area, and shall not refuse to provide maintenance services for ________ brand products sold by non-Party B in the distribution area. For special circumstances, Party A should be contacted promptly for negotiation.
4. Accept the guidance and supervision of Party A, record maintenance information in a timely and detailed manner according to the format of the "After-sales Maintenance Monthly Report" provided by Party A, and fax it to Party A within three days of the next month.
3. Settlement of maintenance expenses
1. Party A shall calculate Party B’s quarterly special maintenance expenses based on ____% of Party B’s quarterly repayment amount. Party A will make statistics once a month, month by month. Cumulative, settled quarterly. During the quarterly settlement, if Party B's actual quarterly maintenance expenses exceed ____% of the quarterly payment amount, Party B shall pay the excess to Party A in that quarter. Otherwise, it will be moved to the next quarter, and the year-end balance can be moved to the next year and will not be used as a deduction for goods payment.
2. This fee is exclusively used for Party B’s receipt of maintenance materials and other maintenance expenses.
3. Party A will specify the charging standard for all maintenance materials. When Party B uses maintenance parts, the amount can be directly supplied within ____% of its quarterly repayment. The excess amount will be charged by Party A as maintenance According to the material charging standards, Party B will be charged corresponding excess fees.
4. If the business contract between Party A and Party B is terminated, Party B’s after-sales service obligations (with a period of one year from the date of product sales) will still exist. Party B can transfer the after-sales service obligations to Party A, and both parties should settle the corresponding maintenance costs at the same time.
4. Application and return of maintenance parts
1. In order to avoid untimely supply of parts and ensure the timeliness of repairs, Party B should plan to receive parts and establish an inventory of commonly used parts. .
2. Party B can fill in the "Maintenance Parts Preparation" every month to apply for parts unilaterally from Party A. Party A will then send the parts to Party B unilaterally with the goods. For urgent parts (such as EMS, train express, etc.) The transportation price difference caused by air transportation shall be borne by Party B.
3. The accessories received by Party B every month will be charged according to the "Maintenance Charge Standards" formulated by Party A. Party A will check with Party B after making monthly statistics.
5. Return regulations and procedures
1. Party A provides Party B with a one-year warranty service (the time is calculated from the date the product is sold to the customer), and no return service is provided. , Party B’s additional payment to consumers shall be honored by Party B itself.
2. Party B shall promptly inspect the products within seven days after receiving the goods, and discover any damage not caused during transportation (excluding damaged packaging, wet products, etc.) or quality problems. , it is defective out of the box. Party B should repair products that are defective out of the box first (the repair costs will be borne by Party A). If the products cannot be repaired, Party B can apply for return after confirmation by Party A, and Party A will bear the freight.
3. Within fifteen days after Party B sells Party A's products to customers (the sales date shall be based on the product receipt and sales invoice), if the product has quality problems, it shall be deemed to be of poor quality. For products with poor quality, Party B shall repair them first (the repair costs shall be borne by Party A). If the products cannot be repaired, Party B may apply for return after confirmation by Party A, and Party A shall bear the freight.
4. Except for the above-mentioned cases of poor unpacking or poor quality, the return freight and product refurbishment accessories fees for all returned or repaired goods within the warranty period will be borne by Party B, and Party B will bear the special maintenance costs. deduction. The freight for returning the product to Party B after repair is completed shall be borne by Party A.
5. The round-trip freight and product refurbishment accessories fees for all returned or repaired goods outside the warranty period shall be borne by Party B and shall be deducted from Party B's special maintenance costs.
6. When Party B needs to repair or return the goods under special circumstances, Party B shall first apply in writing to Party A and attach a detailed list, and shall only proceed with Party A's approval. Party A may refuse to accept returns (including repairs) without Party A's permission, and Party B shall be responsible for any losses caused by such returns.
7. All goods returned by Party B to Party A should be completely packaged and kept clean and tidy; Party A may reject goods that are messy and have incomplete accessories. If Party B does not provide a return list or the return list is unknown, the quantity returned shall be based on the quantity actually received by Party A.
6. The validity period of this contract
is from ______month______day of ______year to ______month______day of ______year. Signed.
7. Methods of resolving disputes
If there is a dispute during the validity period of the contract, the two parties can resolve it through negotiation and can supplement the agreement; if the negotiation fails, they can submit it to the Xiamen Municipal People's Court for litigation.
8. This agreement is made in two copies, with each party holding one copy. It will take effect after being signed and sealed by both parties.
Party A’s unit (chapter): ________ Party B’s unit (chapter): ______
Representative: ______________ Representative: ______________
Date: ____________________ Date: ______________
Sample cooperation contract between the two parties 2
1. The name of the partnership, its main business premises and its location:
Company name:
Business premises and location:
Business period:
2. Business scope of partnership:
3. Names and domiciles of partners
Partner’s name, residence, ID card number
4. Partners’ capital contribution method, amount and payment period:
Unit: 10,000 yuan
Name of investor Currency Physical other Total investment ratio % Payment date
5. After-tax profit and loss sharing method
After-tax profit of the enterprise shall be distributed in the following order: < /p>
1. Make up for losses;
2. Withdraw 10% of the provident fund;
3. Withdraw 5% of the public welfare fund;
4. Pay dividends .
Profits or losses are distributed according to the proportion of capital contribution
6. Execution of partnership affairs
The execution of partnership affairs is entrusted by all partners to decide on _______, _______ _ is the executor of partnership affairs.
The following matters must be agreed by all partners:
1. Disposal of the partnership’s real estate;
2. Change of the name of the partnership;
< p> 3. Transfer or dispose of the intellectual property and other property rights of the partnership;4. Apply to the enterprise registration authority for change registration;
5. Use the name of the partnership for other purposes
6. Appointing persons other than partners as operating managers of the partnership;
7. Handling disputes regarding the execution of affairs and revocation of the entrustment of the executor , changes in the methods of profit distribution and loss sharing, increases or decreases in capital contributions by partners;
8. The partnership goes out of business.
7. Joining and exiting a partnership
1. Joining a partnership
(1) When a new partner joins a partnership, he must obtain the consent of all partners and enter into a written agreement in accordance with the law. ;
(2) When entering into a written agreement, the original partners shall inform the new partners of the operating conditions and financial status of the original partnership;
(3) The relationship between the new partners and the original partners Partners enjoy equal rights and bear equal responsibilities;
2. Withdrawal from the partnership
A partner may withdraw from the partnership under any of the following circumstances;
(1) After All partners agree to withdraw from the partnership;
(2) Reasons that make it difficult for a partner to continue to participate in the partnership occur;
(3) Other partners seriously violate their obligations under the partnership agreement.
If one of the following circumstances occurs, the partner will of course withdraw from the partnership;
(1) The partner dies or is declared dead according to law;
(2) The partner is declared dead according to law; Declared to be incompetent for civil conduct;
(3) Loss of personal ability to repay debts;
(4) Enforcement by the People’s Court of all property shares in the partnership;
3. If one of the following circumstances occurs, the partner may be removed with unanimous consent from other partners:
(1) Failure to fulfill capital contribution obligations;
(2 ) Causes heavy losses to the partnership due to intention or gross negligence;
(3) Improper conduct when executing partnership affairs;
(4) Other matters stipulated in the partnership agreement.
A withdrawing partner shall be jointly and severally liable with other partners for the partnership debts incurred before the withdrawal.
When a partner withdraws from the partnership and the partnership property is less than the company's debts, the withdrawing partners shall share the losses in accordance with the provisions of Article 5 of this Agreement.
8. Dissolution and liquidation of a partnership
The enterprise will be dissolved if the following circumstances occur;
1. Expiration of the operating period
2 , all partners decide to dissolve;
3. The partners do not have a quorum;
4. The purpose of the partnership has been achieved or cannot be achieved;
5. Other reasons for dissolution specified in the agreement;
6. Other reasons stipulated in national laws and regulations.
Liquidation must be carried out after the company is dissolved. The liquidator shall be borne by all partners, or a third party may be appointed as liquidator with the consent of more than half of all partners. After the liquidation is completed, the company is responsible for preparing a liquidation report. After it is signed by all partners, it shall be submitted to the enterprise registration authority within 15 days, the partnership shall be cancelled, and the business license shall be returned to the registration authority.
After paying the liquidation expenses, the corporate property shall be paid off in the following order:
1. The owed employee wages and labor insurance premiums;
2. The owed taxes
3. Corporate debts;
4. Return of capital contributed by partners;
5. Distribution according to agreed proportions.
9. Liability for breach of contract
If a partner violates this agreement and causes losses to the enterprise, the defaulter shall compensate the breacher. The specific amount of compensation shall be determined through negotiation between the partners.
10. A valid agreement signed by all partners through consultation shall be the supplementary terms of this agreement.
Matters not covered in this agreement shall be governed by the Partnership Enterprise Law of the People's Republic of China and relevant regulations.
Signature of all partners:
Date of signing:
Sample cooperation contract between both parties 3
Party A: ____________________________
Party B: ____________________________
In order to successfully complete the ____________________________ project through cooperation, Party A and Party B have signed the following agreement through friendly negotiation:
1. Rights and obligations of both parties (modified according to the facts)
1. Rights and obligations of Party A
1) Provide ______________ for Party B, establish ____________________________, limited to ____________________________ project;
2) For Party B provides ______________, establishes ____________________________, and acts as an agent for ____________________________ business;
3) Assist Party B to ____________________________;
4) Provide Party B to ____________________________;
5) During the period of the agreement, Party A shall not cooperate with the ____________________ organization on the above projects;
2. Party B’s rights and obligations
1) In the name of Party A Project publicity, responsible for market planning, publicity, expansion and training;
2) Bear all costs during the operation of the cooperative project;
3) Party B shall not cooperate with other parties during the contract period Relevant external training institutions will cooperate individually;
4) The invoices provided by Party A to Party B must be managed by the personnel designated by Party A, who will also be responsible for corresponding registration consultation and charging.
2. Benefit distribution and payment methods
Party A collects consulting fees on behalf of both parties. After the consulting fees arrive in Party A’s account, Party B issues a receipt to Party A to withdraw the income from the cooperation project_ _______% (including various taxes). Party A provides the invoice to the consulting party.
3. This agreement shall take effect from the date of signing.
4. This agreement is made in ____ copies, with each party holding ____ copies, which have the same legal effect.
5. Matters not covered in this agreement shall be resolved through negotiation by both parties based on the principle of friendly cooperation.
Party A: ____________________________ Party B: ____________________________
Representative: ____________________________ Representative: ____________________________
Address: ____________________________ Address: ____________________________
Telephone: ____________________________ Telephone: ____________________
_____________year________month________day____________year_______month________day
Sample cooperation contract between the two parties 4 < /p>
Party A:
Party B:
In order to promote the Internet industry in China, promote the development of enterprises of both parties, and better serve the vast number of Internet users in the financial sector, Party A and Party B: In line with the principles of equality and mutual benefit, common development and complementary advantages, the website owned by Party A's copyright and the website owned by Party B's copyright, after friendly negotiation, reached a disagreement on the intention to cooperate and became partners. Party A will use the terms stipulated in the agreement. In the form, Party B will provide talent and career information in the financial industry to Party B free of charge, and Party B will improve the channel construction and fully guarantee the rights and interests of both parties. The following agreement is now reached on the specific matters of cooperation between the two parties and the rights and obligations of both parties:
Article 1: Responsibilities of Party A
1. Provide Party B with career-related employment opportunities for talents in the financial industry Information content, and actively develop talent and career information needed by users in the financial sector, and provide it to Party B's site in a timely manner. Talent and career information includes but is not limited to the following:
Not related to talents, human resources, employment, and training. Old stories;
Articles not related to career choices, career development, interpersonal relationships, career evaluation, etc.;
Not related to industry comparisons, corporate culture, corporate employment philosophy, interviews with personnel managers, etc.
Articles not related to overseas development; Articles not related to training plans and training instructions;
Not related to netizen disputes and original articles about talents and careers;
p>
The copyright of the above-mentioned articles belongs to Party A, and Party B can only use it within the scope of this agreement;
2. Provide Party B with the above-mentioned articles in the form specified in the appendix of the agreement, and in accordance with the requirements of users in the financial sector and Party B’s feedback to actively develop talent and career information that is popular with users in the financial sector;
3. Set up a file configuration table for Party B’s channel on its website. The configuration content includes but is not limited to the following: Party B’s channel LOGO or Text and URL link; the network path of Party B's website homepage; the above content is provided by Party B in accordance with the provisions of the annex to the agreement. Party B owns the copyright and modification rights of the above content, and Party A shall provide Party B with the management authority to modify the above content online;
4. Party A exits the text link "" in "Partners" on the homepage.
5. Provide Party A’s banner (BANNER) advertisement, an image file with a size of 468×60 pixels. The specific release matters shall be agreed upon by both parties and shall be implemented in accordance with the provisions of the annex to the agreement.
6. All the above graphic logos are designed by Party B, and the copyright belongs to Party B.
7. Mark the copyright statement at the bottom of all pages with content provided by Party A. The copyright belongs to both Party A and Party B.
Article 2: Party B’s Responsibilities
1. Create an independent directory for Party A in the "channel" of Party B's website to store all articles and information provided by Party A;
2. Mark the copyright statement at the bottom of all pages with content provided by Party A. The copyright belongs to both Party A and Party B.
Article 3: Trade Secrets
1. Party A and Party B shall unilaterally agree to strictly keep confidential the business secrets of the other party that they learn through work contacts and other channels, without the prior written consent of the other party. , shall not be disclosed to others.
2. Except as required for the work specified in this Agreement, the other party's trademarks, logos, business information, technology and other materials may not be used or copied without the prior consent of the other party.
Article 4: Statement
1. Party A and Party B have entered into a strategic partnership.
2. Party A and Party B unilaterally share information resources with each other, and each guarantees the authenticity, accuracy and timeliness of the information sources on its website.
3. Party A and Party B shall cooperate closely with each other in the promotion and promotion of the website or channel.
4. Party A and Party B shall be unilaterally responsible for their respective operations and services provided, and shall enjoy the profits and copyrights.
5. If the website layout is updated or changed. The original link location no longer exists, and both parties must adjust the new link placement to ensure that it has the same effect as the original link.
6. When the term of this agreement expires, each party will give priority to renewing cooperation with the other party.
7. The cooperative relationship between the two parties is mutually beneficial, and all content and services are provided free of charge to each other.
Article 5: Agreement Implementation Period This Agreement is valid for the year, and the implementation period of the cooperation plan stipulated in this Agreement is from year month day to year month day.
Article 6: Agreement of termination. This Agreement is terminated for any of the following reasons
1. The term of this Agreement expires.
2. Unilateral negotiation agrees to terminate this contract. If either party wants to terminate this contract, it must notify the other party one month in advance.
Article 7: Handling of Disputes
If a dispute arises between Party A and Party B within the scope of the terms of this agreement, they should try their best to resolve it through negotiation. If disagreements cannot be reached through negotiation, they will be submitted to Beijing for arbitration. Arbitration by the committee.
Article 8: Force Majeure
If a unilateral party is unable to perform its obligations under this Agreement due to natural disasters such as earthquakes and fires, wars, strikes, power outages, government actions, etc., the unilateral party shall notify it in writing. the other party, this Agreement shall cease.
Article 9: This Agreement is made in duplicate, with each party holding one copy. It is valid when signed and sealed by both parties. This Agreement and its relevant attachments have the same legal effect
Party A: Party B:
Signature of the Representative: Signature of the Representative:
Date: Year Month Day Date: Year Day of month
Seal: Seal:
Sample cooperation contract between both parties 5
Partner: ____________ Name________, Gender____, Age_______ ,address________________.
(Other partners should fill in the items in the order listed above)
Article 1: Purpose of Partnership
Article 2: Projects and Scope of Partnership
< p> Article 3 Partnership Term The partnership term is ________ years, starting from ____ month ____ of _________ year and ending on _________ day of _________ year.Article 4 Amount, method and term of capital contribution
1. Partner ____________ (name) contributes capital in the form of ____________, amounting to RMB ____________ yuan. (Other partners are listed in the same order as above)
2. The capital contribution of each partner must be paid in full before _________month________ of the year ____________. If payment is overdue or not paid in full, bank interest shall be calculated on the unpaid amount due and compensation for the resulting losses shall be made. .
3. The partnership's capital contribution is RMB ____________ yuan. During the partnership period, the capital contributed by each partner is the exclusive property of the partnership and cannot be divided at will. After the partnership is terminated, the capital contributed by each partner remains individually owned and will be returned at the time.
Article 5 Surplus distribution and debt assumption
1. The distribution of surplus shall be based on _________ and be distributed in proportion.
2. Debt borne: Partnership debts shall first be repaid by the partnership property. If the partnership property is insufficient to repay the debts, they shall be borne in proportion based on the ____________ of each partner.
Article 6: Joining a partnership, withdrawing from a partnership, and transfer of capital contribution
1.
Joining a partnership: ① need to acknowledge this contract; ② need to obtain the consent of all partners; ③ perform the rights and obligations stipulated in the contract.
2. Withdrawal from a partnership: ① You must have justifiable reasons to withdraw from the partnership; ② You are not allowed to withdraw from the partnership when the partnership is unfavorable; ③ To withdraw from the partnership, you must notify other partners ________ months in advance and obtain the consent of all partners; ④ After withdrawal from the partnership, settlement will be based on the property status at the time of withdrawal. Regardless of the method of investment, it will be settled in money; ⑤ If the partner withdraws from the partnership without the consent of the contracting party and causes losses to the partnership, compensation shall be paid.
3. Transfer of capital contributions: Partners are allowed to transfer their capital contributions. When transferring, partners have priority to transfer. If a third party other than a partner is transferred, the third party will be treated as joining the partnership. Otherwise, the transferor will be treated as withdrawing from the partnership.
Article 7 Rights of the Partnership Leader and Other Partners
1. ____________ is the person in charge of the partnership. Its authority is: ① Conduct external business and conclude contracts; ② Conduct daily management of the partnership; ③ Sell partnership products (goods) and purchase commonly used goods; ④ Pay partnership debts; ⑤____________.
2. The rights of other partners: ① Participate in the management of the partnership; ② Hear reports from the partners in charge of the partnership’s business operations; ④ Inspect the partnership’s books and operations; ④ Make joint decisions on major partnership matters.
Article 8 Prohibited Behavior
1. Without the consent of all partners, any partner is prohibited from privately conducting business activities in the name of the partnership; if the benefits obtained from the business belong to the partnership, the losses incurred shall be compensated according to the actual losses.
2. A partner is prohibited from operating a business that competes with the partnership.
3. Partners are prohibited from joining other partnerships.
4. Partners are prohibited from entering into contracts with the partnership.
5. If a partner violates the above provisions, he shall be compensated based on the partnership's actual losses. Those who refuse to listen may be removed from the partnership at the discretion of all partners.
Article 9 Termination of partnership and matters after termination
1. A partnership may be terminated due to one of the following reasons: ① The partnership term expires; ② All partners agree to terminate the partnership; ③ The partnership is completed or cannot be completed; ④ The partnership is revoked in violation of the law; ⑤ The court decides to dissolve according to the request of the relevant parties.
2. Matters after the termination of the partnership: ① Immediately elect a liquidator and invite a ____________ intermediary (or notary) to participate in the liquidation; ② If there is a surplus after the liquidation, it will be based on the collection of claims, the payment of debts, the return of capital contributions, and the proportional distribution of the remaining property. Proceed in order. Fixed assets and indivisible things can be sold to partners or third parties at a price, and the price will participate in the distribution; ③ If there is a loss after liquidation, regardless of the amount of capital contributed by the partners, it will first be repaid with the partnership property. If the partnership property is insufficient to pay off Part of it shall be borne by the partners in proportion to their capital contribution.
Article 10. Dispute Resolution If a dispute arises between partners, they should negotiate together and resolve it in a manner that is conducive to the development of the partnership. If negotiation fails, you can go to court.
Article 11 This contract shall take effect and commence business on the date it is concluded and submitted to the industrial and commercial administrative authority for approval.
Article 12 If there are any matters not covered in this contract, they shall be supplemented or modified through collective discussion among the partners. Supplements and modifications have the same effect as this contract.
Article 13 Miscellaneous Article 14 This contract is made in ____ originals. Each partner shall hold one copy and each of the partners shall deposit one copy.
Partner: ____________
Partner: _________year____month____day
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