Model Contract for Cosmetic Processing (I) Party A (Trustee): Party B (Trustee):
(Seal) (Seal)
Address: Address:
Tel: Based on the principle of common development and mutual benefit, Party A and Party B shall, according to the relevant provisions of the Contract Law. After full consultation, both parties reached the following agreement on the processing of Party B's brand cosmetics for mutual compliance.
I. Forms of cooperation
1. Party A produces cosmetics according to Party B's requirements, and Party B pays relevant expenses to Party A for this. During the effective execution of this contract, Party A has no right to sell or distribute the products entrusted by Party B in any form.
2. Processing content, specification, quantity, price and target:
3. In the process of cooperation, Party A provides Party B with canned and packaged products by OEM, and Party B pays related expenses according to the agreed processing price.
4. Confirmation and use of production and sales documents;
4. 1. Party A shall provide Party B with copies of business license, production license and hygiene license as annexes to this contract when signing this contract formally. Party B shall provide Party A with copies of its registered trademark, business license, tax registration certificate, national tax and enterprise organization code certificate. Any economic disputes arising from the trademark production authorization and trademark registration acceptance letter of the relevant state departments shall be borne by Party B, and Party A shall not bear any economic responsibilities.
4.2. On the outer packaging of products produced by Party A, Party B must indicate that Party A is the manufacturer, and the final packaging process of products produced by Party A must be paid to Party A together with the current payment.
4.3. Party A is responsible for applying for commodity bar codes according to Party B's requirements, and relevant expenses shall be borne by Party B..
5. Before the cooperation, Party A shall provide Party B with a sample version of the product list in the purchase order, and the semi-finished products can only be produced after the quality of cosmetics is confirmed by both parties. If there is any discrepancy, Party B has the right to reject the goods. Party A guarantees the stability and safety of Party B's products. If Party B suffers losses due to product quality problems, Party A shall compensate for the cost loss of the products with quality problems. Product quality refers to the semi-finished products produced by Party A. ..
6. Party A shall provide Party B with three certificates. Due to the uniqueness of cosmetics, Party A guarantees that the products provided to Party B are completely consistent with the samples confirmed by both parties? However, it does not mean that all customers of Party B have no adverse reactions when using the product. If more than 5% of Party B's customers have adverse reactions after using the products produced by Party A, Party B shall immediately warn the customers to stop using the products, and after being confirmed by Party A, Party B can replace the unsold and returned products for free. However, Party A shall not provide joint liability for Party B's customers and compensate other indirect losses. Improper use or repeated allergic reactions in seasonal and special areas are not included.
7. The shelf life of all products provided by Party A is three years from the date of packaging. Within this date, if any products are unopened under the required preservation conditions, Party A will be responsible for replacing them free of charge.
Second, product production quality standards and inspection
1. Party A is responsible for the quality of all raw materials and packaging materials purchased.
2. Party A guarantees that the quality of the products processed by it fully conforms to the industry quality standards promulgated by the state, and at the same time conforms to the enterprise production standards passed and filed by the State Municipal Bureau of Technical Supervision.
3. Party B can conduct spot checks on each batch of products at the site, but the person in charge of quality inspection of Party A must be on site at the same time.
4. If the Municipal Bureau of Technical Supervision or the Municipal Health Supervision Office is entrusted to conduct random inspection due to market sales and industry supervision, Party A shall assist Party B in the inspection, and the inspection expenses shall be borne by Party B. ..
5. Both parties agree that the product inspection report of the Municipal Bureau of Technical Supervision is the final conclusion of the quality of each batch of products.
6. Both parties confirm that the products are returned due to Party A's responsibility. When Party A reworks, the packaging materials can only be reused after being signed by Party B.. Party A shall bear the losses caused by non-reusable packaging materials.
7. The product quality problems caused by Party B's improper storage shall be the responsibility of Party B, which has nothing to do with Party A. ..
Third, the loss of production materials
1. During the whole production process, Party A guarantees that the use loss of semi-finished products and various packaging materials will be controlled below%? Low-value consumables? Such as stickers, seals, etc. The loss shall be controlled below 10%. The part exceeding the above index shall be borne by Party A. ..
2. After the production of this batch of products is completed, Party A must report to Party B the scrapped materials in the production process completely. ..
Four. Composition and settlement method of expenses
1. Party A shall produce according to Party B's order. For the related production expenses, Party B shall timely check and pay the product processing expenses according to the purchase order at that time. Before the execution of each batch of production orders, Party B shall pay% of the total cost of the orders as the down payment and% of the balance before delivery.
Verb (abbreviation of verb) storage; stock
1. If Party B sets up an independent warehouse in Guangzhou to store packaging materials and finished products, Party B shall designate a special person to manage them.
2. Party B is responsible for transporting all auxiliary materials needed for production to Party A's warehouse.
3. If the free storage period is exceeded, Party A will charge Party B a storage fee at the price of RMB per square meter per month. This fee shall be paid by Party B. ..
Time, place and method of delivery of intransitive verbs
1. Delivery time: within days after Party A receives the deposit from Party B and prepares the supporting materials.
2. Delivery place: Party A's warehouse.
3. Delivery method: Party A transports for Party B, and relevant expenses shall be borne by Party B. ..
Seven. Party A's liability for breach of contract
1. During the cooperation period, Party A shall not sell or give away Party B's cosmetics processed by any third party other than Party B in any form. Once found, Party A shall pay all the sales money to Party B. ..
2. Without the consent of Party B, Party A shall not change the product formula and inspection standard. If the formula and inspection standard are changed without authorization, Party A will pay all the money for the production of the changed products. If Party B agrees to change, it shall be re-approved according to the quality price.
Eight. Party B's liability for breach of contract
1. Without the consent of Party A, Party B shall not use the products of Party A's three certificates and commodity bar codes that are not produced by Party A, otherwise any losses caused thereby shall be borne by Party B, and Party A has the right to pursue all legal responsibilities of Party B.
2. If Party B changes the quantity, specification and quality of products or packages midway, it shall notify Party A in writing days in advance, otherwise the losses caused thereby shall be borne by Party B. ..
3. Party B shall not unreasonably refuse the products processed by Party A according to Party B's orders that meet the national industry quality standards, otherwise, Party B shall fully compensate the economic losses caused thereby.
4. If Party B fails to pay relevant funds to Party A in accordance with the provisions of Article 4 of this contract, Party B shall pay a penalty of% of the total unpaid amount to Party A for each day overdue.
Nine, quality responsibility agreement
1. If the products produced by Party A deteriorate in the original unopened packaging during the warranty period, and it is confirmed by comparison with the retained samples that they are caused by the product formula and human factors in the production process, Party A will unconditionally rework them until they are qualified, and compensate Party B for the related transportation expenses.
2. Party B shall be responsible for the crystallization or discoloration of product contents or consumer complaints caused by the use of special additives designated by Party B. ..
3. When Party A has determined that the packaging, packaging method and written description of the products used are unqualified, Party B insists on using them, which must be signed by the person in charge of Party B, and all quality problems arising therefrom have nothing to do with Party A. ..
X. agreement on other matters not covered.
1. Party A and Party B shall abide by all national laws and regulations on cosmetic quality, packaging labeling, publicity and management. If one party violates the regulations, the other party has the right to terminate the cooperation, and the violator shall bear all responsibilities.
2. For the products and packaging that use Party A's three certificates, Party B shall have Party A review and confirm the packaging before printing.
3. If Party B uses Party A's certificate for products other than the purchase order confirmed by both parties, Party A will regard it as a counterfeit product, and shall investigate Party B's legal liability and joint liability.
4. If there is any problem in the marketing process of Party B's cosmetics, both parties shall communicate and negotiate in time, and distinguish the responsibilities according to the existing agreement, and both parties shall cooperate closely to deal with it.
5. Party A must meet the delivery time determined by both parties through consultation. If it fails to meet the requirements, Party B has the right to choose another processing plant and hold Party A liable for breach of contract, and has the right to use up all the packaging materials with Party A's three certificates. Party B must abide by the terms of payment determined by both parties through consultation. If it can't be realized, Party A has the right to refuse delivery and hold Party B liable for breach of contract.
XI。 If there are any matters not covered in this contract, both parties shall settle them through consultation. If negotiation fails, it shall be submitted to the arbitration commission where Party A is located for arbitration.
Twelve. For other matters not covered, an annex to the contract can be added through negotiation. The annex to this contract has the same legal effect as the ODM entrusted processing contract.
Thirteen. This contract is valid from year to year.
Fourteen The contract comes into effect. This contract shall come into effect after being signed and sealed by both parties. This contract is made in quadruplicate, one for each party. The notary office keeps one copy and submits it to the Quality Inspection Bureau.
Seal of Party A (Trustee):
Date of signature: year month day.
Seal of Party B (entrusting party):
Date of signature: year month day.
Model Contract for Cosmetic Entrusting Processing (II) Party A (Entrusting Party)
Party B (Trustee)
Party A entrusts Party B to process cosmetics, and in order to clarify the rights and obligations of both parties, Party A and Party B hereby conclude this contract after full feasibility study and negotiation.
Article 1 Party A entrusts Party B to process cosmetics, and Party A is responsible for the sales of all products. Mark this contract (including packaging) according to the relevant provisions of the Notice of the General Administration of Quality Supervision, Inspection and Quarantine on Issues Related to the Management of Product Identification and Labeling under the Entrusting Production License; Party A produces and uses Party A's trademark; Party B's honorary production shall be marked with Party B's production license and hygiene license (production license; XK- health permit; (200 1) Wei Zhuang Zhun Zi (Yu)No.).
Article 2 For the varieties that Party A entrusts Party B to process, Party A shall provide the formula, process regulations, quality standards, original factory pavement and packaging materials. Party A shall supervise the production; Party A shall be responsible for all its quality responsibilities.
Article 3 The varieties that Party A entrusts Party B to process must be within the production license of Party B.. (The production license scope of Party B includes: general liquid units (hair care and cleaning); Cream emulsion unit (skin care cleaning); Powder unit (loose powder); Aerosol and organic solvent unit (organic solvent).
Article 4 Party A shall pay Party B the production management fee (including the use fee of production license and hygiene license) of RMB yuan every year; Rmb yuan only. The management fee is calculated on an annual basis and paid in one lump sum at the beginning of the contract year.
The processing fee shall be discussed separately according to the technical requirements of varieties, labor and energy consumption quota, etc.
Article 5 The national quality supervision institution shall conduct annual inspection and spot check on the varieties processed by Party A entrusted to Party B, and the inspection fee shall be paid by Party A, and the inspection report (or copy) shall be provided for Party A's use. All expenses incurred by Party A in its business activities shall be borne by itself.
Article 6 In any of the following circumstances, Party A shall bear the responsibility: Party B has the obligation to assist Party A to solve the problem.
1. The products that Party A entrusts Party B to process have quality responsibilities and are punished by the national quality supervision institutions;
2. Disputes or compensation for consumer health damage caused by product quality entrusted by Party A to Party B;
3. The varieties that Party A entrusts Party B to process shall comply with the provisions of Article 3 of this contract. If the products are found to be out of range after inspection by the state administrative or quality management supervision institutions, they will be punished.
Article 7 Term of the contract; One year. It comes into effect after being signed (sealed) by both parties.
Article 8 If there are any matters not covered in this contract, both parties shall supplement or modify it through consultation. The signatures (seals) of both parties are valid and have the same effect as this contract.
Article 9 Any dispute between the two parties shall be settled through consultation. If negotiation fails, you can go to court.
Article 10 This contract is in duplicate. Each party holds one copy, which has the same legal effect.
Article 11 Other agreed supplementary matters _ _ _ _
Party A (signature) and Party B (signature)
Legal Representative of Party A (signature) Legal Representative of Party B (signature)
Date (handwritten) Date (handwritten)
Model contract for entrusted processing of cosmetics (III) Entrusted processing party: hereinafter referred to as Party A..
As a producer, hereinafter referred to as Party B.
Address for signing the contract:
This contract is signed by both parties through friendly negotiation. In order to ensure the interests of Party A and Party B and clarify their respective responsibilities and obligations, Party A and Party B sign the following effective contract terms based on the principles of equality, voluntariness, good faith and mutual benefit:
Article 1 Contract cosmetics projects:
1. Cosmetic project: Party A provides brands and entrusts Party B to process and produce cosmetics. Party A's brand is authorized to Party B in written form by power of attorney, which is an annex to this contract. The quality standards and grades of cosmetics meet the requirements of the current cosmetic quality and hygiene standards in People's Republic of China (PRC) and China (hereinafter referred to as "national standards") and the cosmetic quality grade standards recognized by Party A, and the cosmetic packaging is brand packaging authorized by Party A (hereinafter referred to as "OEM"). OEM cosmetics production samples, packaging samples and cosmetics transportation samples are provided by Party A with written approval; Party B independently processes and produces cosmetics within the scope entrusted by Party A. ..
2. Special quality requirements for cosmetics projects: The quality grade of cosmetics of different brands produced by Party B for Party A must reach the same quality grade as the original brand cosmetics produced by Party A. The Quality Grade Standard for Cosmetics of Different Brands (hereinafter referred to as "Processing Standards") shall be provided by Party A and signed by Party B as an annex to this contract.
3. Authorized brand production place: Party A authorizes Party B to run the factory by Party B, and the address of the factory is:No. Road and Street, province and city. Under the guidance of Party A's quality standards, Party B processes and produces cosmetics authorized by Party A according to the purchase order signed by Party A, and the effective use period is stipulated by Party A's brand use authorization. Party A has the right to adjust the brand and effective use period due to production and operation.
4. Party A independently owns all the rights and interests of cosmetic articles, brands and packaging patterns in the contract: Party B is solely responsible for the production and supply of cosmetics for Party A. Within the validity period of the contract, without the written consent of Party A, Party B shall not produce, distribute, give away, publicize and promote other cosmetic articles and authorized brands and packaging patterns identical or similar to those of Party A at home and abroad without authorization or through a third party.
5. Processing content, specification, quantity, price and target:
In the process of cooperation, Party B provides Party A with canned and packaged products in the production mode of processing on behalf of others, and Party A pays the related expenses according to the agreed processing price. The filled or packaged products provided by Party A to Party B shall be indicated in the purchase order of Party A. ..
Article 2 Confirmation and use of production and sales documents:
1. Legal proof of production and sales documents: Party B shall provide Party A with a copy of business license, a copy of production license, a copy of hygiene license, and relevant cosmetics certificates as annexes to this contract when this contract is formally signed. Party A shall provide Party B with copies of its registered trademark, business license and enterprise organization code certificate.
2. The signing of the purchase order shall be confirmed according to the following conditions: according to the purchase order or fax purchase order given by Party A to Party B, Party B shall give Party A a written confirmation, signature and reply within four hours of receiving the purchase order. The order document shall specify the product name, specifications, unit price, quantity and delivery date, etc. Relevant management personnel of Party A and Party B must sign and seal the order documents.
3. Delivery method, delivery address and warehousing acceptance of contract performance:
(1) Party B shall be responsible for delivering the goods at the delivery address designated by Party A, and provide the original written quality assurance certificate required by Party A with the goods, such as the factory product certificate, composition test report, etc.
(2) After the production of Party B is completed, Party A shall conduct sampling inspection and measurement, and fill in the acceptance certificate and warehouse receipt. Party A's acceptance results will be used as confirmation evidence of delivery and warehousing by both parties.
(3) During the delivery commitment period of Party B to Party A, Party B shall deliver the goods according to the delivery time of the purchase order confirmed by both parties. If Party B fails to deliver the goods within the specified delivery period, Party A will deal with Party B according to the terms of breach of contract. Where economic losses are caused to Party A's production and operation, Party B shall be liable for economic compensation.
(4) Packaging materials, semi-finished products and finished products shall be stored in Party B's independent warehouse, and Party B shall designate a special person to manage them.
Article 3 Product production quality standards, inspection and guarantee:
1. For the quality of all purchased raw materials, semi-finished products and packaging materials, Party A shall be responsible for the quality of the packaging materials provided by Party B, and Party B shall be responsible for the quality inspection and handling of the products in the process of receiving, producing and storing.
2. Party B guarantees that the quality of the products processed by it fully conforms to the industry quality standards promulgated by the state, and at the same time conforms to the enterprise production standards passed and filed by the State Municipal Bureau of Technical Supervision. If Guangzhou Municipal Bureau of Technical Supervision or Guangzhou Municipal Health Supervision Office is entrusted to conduct random inspection due to the needs of market sales and industry supervision, Party A shall assist Party B in the inspection, and the inspection expenses shall be borne by Party B. ..
3. It is judged by both parties that the product return is due to Party B's responsibility. When Party B reworks, the packaging materials can only be reused after being signed by Party A, and the losses caused by non-reusable packaging materials shall be borne by Party B. ..
4. The product quality problems caused by Party B's improper storage shall be the responsibility of Party B, which has nothing to do with Party A. ..
5. Before the cooperation, Party B shall provide Party A with the sample version (semi-finished product) of the product list in the order, and it can only be produced after confirmation. The quality of cosmetics should be produced according to the sample version confirmed by both parties. If there is any discrepancy, Party A has the right to reject the goods. Party B guarantees the stability and safety of Party B's products. If Party A suffers losses due to product quality problems, Party B shall compensate for the cost loss of the products with quality problems.
6. Party B shall provide Party A with three certificates. Due to the uniqueness of cosmetics, Party B guarantees that the products provided to Party A are exactly the same as the samples confirmed by both parties, but it does not mean that all customers of Party A will use the products without adverse reactions. If more than 5% of Party A's customers have adverse reactions after using the products produced by Party B, Party A's customers will suspend the use of such products, and can exchange the unsold and returned products of Party A for free after confirming that they are quality problems of the products themselves. Party B shall be jointly and severally liable for other indirect losses of Party A's customers. Improper use or repeated allergic reactions in seasonal and special areas are not included.
7. The shelf life of all products provided by Party B is three years from the date of packaging. Within this date, if any product is unopened and causes deterioration or seal leakage, Party B shall be responsible for replacing it free of charge.
Article 4 Loss of means of production:
1. During the whole production process, Party B guarantees that the use loss of semi-finished products and various packaging materials is controlled below%; Loss of low-value consumables (such as labels and seals, etc.). ) should be controlled below%. The part exceeding the above indicators shall be borne by Party B. ..
2. After Party B has finished producing the batch products ordered by Party A, it must inform Party A of the scrapped materials in the production process in written form.
Article 5 Composition of expenses and settlement methods:
Party B shall carry out production according to Party A's order and use it for related processing expenses (including Party B's production, inspection, storage and handling, etc. ), Party A shall timely check and pay the product processing fee according to the unit price specified in the purchase order at that time. Payment shall be made on a monthly basis starting from the average warehousing date of the month when Party A receives the warehousing receipt. Party A shall not settle the goods for which Party A has not gone through the formalities of acceptance and warehousing.
Article 6 Confidentiality clauses and commercial statements:
Party B is responsible for keeping confidential the confidential information of the products entrusted by Party A, such as the country of origin, product name, product price, product use and sales plan ... Party A and Party B have a business cooperation relationship, and both parties make independent accounting and bear legal responsibilities. Party A is only responsible for the brand rights and interests of products authorized by Party B. This contract does not involve Party A's rights and interests, and any illegal business activities of Party B have nothing to do with Party A. ..
Article 7 Liability for breach of contract and termination of contract:
1. Party A and Party B shall abide by all national laws and regulations on cosmetic quality, packaging labeling, publicity and management. If one party violates the regulations, the other party has the right to terminate the cooperation, and the violator shall bear all economic and legal responsibilities.
2. For the products and packaging using Party B's three certificates, Party A shall have Party B review and confirm the packaging before printing.
3. If Party B uses Party A's certificate for products other than those specified in this contract and the purchase order confirmed by both parties, Party A will regard it as a counterfeit product, and shall investigate Party B's legal liability and joint liability.
4. Party B must meet the delivery time determined by both parties through consultation. If it fails to meet the requirements, Party A has the right to choose another processing plant and hold Party B liable for breach of contract, and has the right to use up all the packaging materials with Party B's three certificates printed on them.
Article 8 Force Majeure:
If the goods are produced, transported and distributed in compliance with laws and contracts, the goods are lost, short, deteriorated, polluted or damaged due to force majeure (such as earthquake, war, flood, national policy, etc.). ), Party A and Party B shall not claim compensation after obtaining the written certificate from the national government agency.
Article 9 Changes:
If either party changes the company name, address, legal representative and contact information (telephone, fax, etc.). ), the changing party must notify the other party fifteen days before the date of change; If there is any change in the contract items, the changing party must notify the other party one month before the change date, otherwise the direct economic losses will be borne by the breaching party.
Article 10 Others:
Party A's purchase orders, receipts, brand authorization and cosmetic quality grade standards recognized by Party A have the same legal effect as this contract. Matters not covered in this contract shall be settled by both parties through friendly negotiation. In case of disputes and lawsuits between Party A and Party B, both parties agree to settle the disputes through the jurisdiction of the court where Party A is located.
This contract is made in duplicate, each with three pages, and each party holds one copy. After negotiation, both parties agree to sign and affix their official seals, and Party A and Party B provide copies of their respective business licenses, production hygiene licenses and ID cards, which will be invalid before the completion of the contract.
The validity of this contract is from the date of the month to the date of the month.
Party A (official seal) and Party B (official seal)
Company name: Company name:
Address: Address:
Legal representative:
Legal Person Code: Legal Person Code:
Person in charge of the company: person in charge of the factory:
Telephone number:
Fax Number: Fax Number: Date: Date: