Model cooperation agreement for processing (I) Entrusting party: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Trustee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
According to the Contract Law of People's Republic of China (PRC) and relevant regulations, in order to clarify the rights and obligations of the entrusting party (Party A) and the entrusted party (Party B), Party A and Party B enter into this contract through friendly negotiation.
I. Quantity and price of the subject matter
See the order for details.
Second, delivery
1. Delivery time: _ _ _ _ _ _ _ _ _ _.
2. Party B shall transport the subject matter to the place designated by Party A and bear relevant expenses.
3. When the subject matter is delivered to the delivery place, Party A shall count the quantity of the subject matter. If the quantity of the subject matter is found to be inconsistent with the quantity specified in Article 1 of this contract, it shall be handled as follows:
(1) If Party A agrees in writing that Party B will deliver the subject matter according to the actual quantity, it shall be deemed as a change to the quantity stated in Article 1 of this contract;
(2) Where Party A refuses to give written consent to Party B to deliver the subject matter according to the actual quantity, if the actual quantity of the subject matter exceeds the quantity stated in Article 1 of this contract, Party B shall deliver the delivered subject matter from the place designated by Party A on the same day, and the relevant expenses shall be borne by Party B. Otherwise, it shall be deemed that Party B has given up its rights to the subject matter, and Party A has obtained the ownership of the subject matter, and Party A does not need to pay any money for it; If the actual quantity of the subject matter is less than the quantity specified in Article 1 of this contract, it shall be deemed that Party B failed to deliver the goods as scheduled, and Party B shall bear the liability for breach of contract under this contract.
4. Party A shall, while counting the quantity of the subject matter, make a preliminary acceptance of the quality of the subject matter in accordance with Article 3 of this contract. If the subject matter fails to pass the preliminary acceptance, Party B shall be responsible for replacing the qualified subject matter and transporting it to the place designated by Party A within _ _ _ _ days, and the expenses arising therefrom shall be borne by Party B, and Party B shall also be liable for breach of contract for overdue delivery of the subject matter.
5. After Party A's quantity acceptance and preliminary quality acceptance, Party B shall transport the subject matter to the storage place designated by Party A and properly place it according to Party A's requirements, and the corresponding expenses shall be borne by Party B.. Since all the subject matter is stored in the storage place designated by Party A as required by Party A, the risk of damage or loss of the subject matter shall be borne by Party A..
6. Party A and Party B confirm that Party A's preliminary acceptance of the subject matter does not exempt Party B from any responsibility to guarantee the quality of the subject matter, nor does it affect Party A's right to object to the quality of the subject matter in the future.
III. Processing Requirements and Quality Standards
1. Party B shall make full use of its own machinery and equipment to design and produce the subject matter according to the drawings provided by Party A. Without the prior written consent of Party A, Party B shall not entrust the processing work to any third party.
2. Party B shall use _ _ _ _ _ _ _ materials and adopt _ _ _ _ _ _ process for processing.
3. The quality of products processed by Party B shall reach the standard of _ _ _ _ _ _.
4. Party A has the right to inspect the processing and quality of the subject matter at Party B's factory at any time, and Party B shall cooperate.
Four, template installation and debugging and after-sales service
1. Party B is responsible for the installation guidance of templates and accessories. During the formwork construction of _ _ _ layer, Party B will send technicians to the site for _ _ _ hours to solve the problems of products in time.
2. The technicians sent by Party B to the site shall obey the unified management and scheduling of Party A and abide by Party A's rules and regulations. If such personnel cause or suffer any losses, Party B shall bear all the responsibilities by itself and compensate Party A for all the losses thus suffered.
Verb (abbreviation of verb) payment terms
1. Party A shall pay Party B RMB _ _ _ within _ _ days from the date of signing this contract.
2. Party A and Party B shall jointly sign the Contract Price Confirmation within days after Party B delivers to Party A all the subject matter whose quantity and quality have passed the preliminary acceptance.
3. Party A shall pay Party B _ _% of the contract price amount confirmed in Article 5.2 minus the paid amount in Article 5.65438 +0 balance within _ _ _ days after signing the contract price confirmation form.
4. Party A shall pay Party B the contract price confirmed in Article 5.2 minus _ _% of the paid balance in Article 5. 1 within _ _ _ days from the date when all the subject matter is installed and accepted.
5. Party A has the right to directly deduct the liquidated damages and damages that Party B should pay to Party A due to its responsibilities under this contract.
6. Party B shall issue a formal invoice to Party A at the same time as Party A makes payment.
The intransitive verb Party B's responsibility.
1. Engage in processing activities in strict accordance with the contents and requirements entrusted by Party A, attach great importance to the production of products with registered trademarks of Party A, and ensure that the products meet the standards and have good quality.
2. Party B shall provide Party A with various trademark combinations, internal and external packaging designs, other packages and printed materials marked with trademarks and other contents related to the products entrusted by Party A. ..
3. Party B shall produce in accordance with the styles, specifications, quality standards and delivery period determined by Party A ... and shall not exceed the order quantity and variety in any form and for any reason.
4. All products provided by Party B to Party A are qualified products, and the product quality is strictly in accordance with the standards of the corresponding products of the state or enterprises. If the products produced by Party B are unqualified and the quality is not up to standard, all losses caused by factors other than Party A shall be borne by Party B, and Party A has the right to recover all the trademark and company name use rights free of charge and terminate this contract.
5. Party B is responsible for purchasing, accepting and supplying _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..
6. Party B shall not sell products marked with Party A's trademark by itself or through any unit or individual other than Party A. ..
7. Party B shall strictly manage the packaging and printed matter marked with Party A's trademark to prevent outflow.
8. Party B shall not process on behalf of a third party that directly or indirectly competes with Party A; Party B shall not authorize or set up a third party to be a distributor that directly or indirectly competes with Party A. ..
9. Party B shall indicate the manufacturer's name, address, production license number, product standard number and other relevant product laws and regulations on the packaging of the above-mentioned processed products.
1 1. After the expiration or termination of the contract, Party B shall not use Party A's trademark and the packaging and printed matter marked with Party A's trademark.
12. Party A's business secrets shall be strictly kept.
The trademarks and copyrights of the above-mentioned processed products belong to Party A, and Party B shall not use or distribute the processed products entrusted by Party A to units or individuals other than Party A. The contents of this contract and the product price shall not be disclosed to any third party.
Seven. responsibility for breach of contract
1, Party A's liability for breach of contract.
If Party A delays the payment under this contract, Party A shall pay _ _% of the delayed payment to Party B for each day of delay, and the total amount of liquidated damages shall not exceed the original value of the leased property (Annex II to this contract).
2. Party B's liability for breach of contract.
(1) If Party B delays the delivery of the subject matter, Party B shall pay liquidated damages to Party A at the rate of _ _% of the total contract price mentioned in Article 1 of this contract for each day of delay. If Party B is overdue for more than _ _ _ _ _ days, Party A has the right to terminate this contract without taking any responsibility for Party B, and Party B shall compensate Party A for all the losses incurred.
(2) If Party B entrusts the processing work under this contract to a third party or carries out it at a third party's premises without Party A's prior written consent, Party B shall pay Party A _ _% of the total contract amount mentioned in Article 1 of this contract as liquidated damages, and Party A shall have the right to terminate this contract immediately without taking any responsibility for Party B, and Party B shall compensate Party A for all losses incurred therefrom.
(3) If Party A finds that Party B violates the provisions of this contract in terms of processing technology and materials, Party B shall pay liquidated damages to Party A at the rate of _ _% of the total contract amount mentioned in Article 1 of this contract, and Party A shall have the right to terminate this contract immediately without taking any responsibility for Party B, and Party B shall compensate Party A for all losses incurred as a result.
(4) If the construction period is delayed due to the quality problem of the subject matter delivered by Party B, Party B shall pay liquidated damages to Party A at the rate of _ _% of the total contract price mentioned in Article 1 of this contract, and Party A has the right to require Party B to re-deliver the qualified subject matter to Party A at its own expense or terminate this contract immediately, and Party B shall not be responsible for this, and Party B shall compensate Party A for all the losses suffered as a result.
(5) If Party B's technicians leave Party A's site without authorization or can't be contacted, Party B shall pay liquidated damages to Party A according to _ _% of the total contract amount mentioned in Article 1 of this contract. If this happens for a total of _ _ _ times, Party A has the right to terminate this contract, and Party B does not have to bear any responsibilities, and Party B shall compensate Party A for all losses suffered as a result.
Eight. Entry into force of contract
This contract shall come into effect after being signed and sealed by both parties. This contract is made in duplicate, one for each party, with the same legal effect.
Nine, prohibit the transfer of rights
Either party shall not transfer all or part of its rights under this contract to a third party. If one party of the contract transfers its contractual rights, the transfer of such rights is invalid and not legally binding on the other party of the contract, which shall be deemed as a breach of contract and shall pay the other party a penalty equivalent to 65,438+00% of the subject matter of the contract.
X. Methods of dispute settlement
Any dispute arising from this contract between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, both parties agree to implement it according to the following _ _ _ _ _ _ _ _ _:
First, all disputes arising from or related to this contract shall be submitted to the Arbitration Commission for arbitration in accordance with its arbitration rules;
Type II: Either party has the right to bring a lawsuit to the people's court in the place where this contract is signed.
The agreement on jurisdiction in this contract shall not be changed due to the invalidity, cancellation or dissolution of this contract or the transfer of rights and obligations in this contract.
XI。 supplementary terms
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Entrusting party (official seal): _ _ _ _ _ _ _ _ _ _ Entrusted party (official seal): _ _ _ _ _ _ _ _ _
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Model cooperation agreement for processing (II) Party A (the entrusting party): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (the processor): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After friendly negotiation, Party A and Party B reached the following agreement on long-term cooperation of Party B to undertake the processing and manufacturing business entrusted by Party A based on the principles of equality, voluntariness, honesty and mutual benefit:
I. Overview of cooperative relations
1. 1 Party B undertakes the processing and manufacturing business entrusted by Party A for a long time, and guarantees the output and quality of products and provides excellent services.
1.2 The products processed and manufactured by Party B for Party A shall not be provided to anyone for any reason. Party B has no right to operate and sell Party A's products, and is responsible for keeping the technology and patents of the products confidential.
1.3 Party A and Party B shall determine each order through negotiation according to this contract. Party B arranges production, processing and manufacturing according to the order issued by Party A and confirmed by Party B. ..
Second, product customization and pricing.
2. 1 In order to ensure the long-term cooperative relationship between Party A and Party B, the processed products provided by Party B to Party A should have the advantages of high quality and low price.
2.2 If other manufacturers can provide the same quality or better quality at a lower price than Party B, both parties shall negotiate to adjust the price on the premise of ensuring the quality.
Three. Product name and processing method
3. 1 The name, model, quantity, amount and delivery date of the processed products shall be subject to the order contract of each batch.
3.2 Party A shall provide the raw materials, process documents and requirements of the products, and Party B shall process and produce them according to the process documents and requirements of the products.
Four. Incoming materials and finished product inspection of products
4. 1 Before manufacturing, Party A shall provide product samples, which shall be made by Party B and submitted to Party A for inspection in the form of written sample confirmation. After passing the inspection, both parties confirm and seal the samples, and produce and guarantee the product quality according to the confirmed samples.
4.2 Party A shall provide relevant inspection standard documents for the quality standards implemented by the products. If the order is otherwise agreed, it shall be implemented in accordance with the newly agreed documents in the order.
4.3 Party B guarantees that the actual technical parameters of the manufactured products meet the technical parameters recorded in the order identification.
Verb (abbreviation for verb) packaging and transportation
5. 1 When Party B provides qualified products to Party A, it must be packaged and marked according to Party A's requirements. If there are other stipulations in the order, such stipulations shall prevail.
5.2 Delivery method and place: the warehouse where Party A is located or other agreed place.
5.3 The transportation expenses shall be borne by Party B unless otherwise agreed by both parties.
5.4 Party B shall bear the risk of loss or damage of the goods in transit.
Settlement method and time limit of intransitive verbs
6. 1 After both parties sign the contract, Party A will place an order with Party B on the basis of this contract.
6.2 After confirming the order with Party A, Party B will arrange the delivery time according to Party A's requirements; Unless otherwise agreed, the agreement shall prevail.
6.3 Payment settlement method: monthly settlement, delivery before the end of the month, settlement of payable amount before the end of the month after acceptance, and settlement after reconciliation at the beginning of the following month. Where Party A and Party B have otherwise agreed on the payment time and settlement method, such agreement shall prevail.
Seven. Breach of contract and ways to resolve disputes
7. 1 Party B shall bear the economic losses caused to Party A by Party B's breach of contract.
7.2 In case of any dispute, both parties shall settle it through consultation on the principle of mutual understanding and accommodation. If negotiation fails, a lawsuit shall be brought to the local court of this Municipality.
7.3 The validity period of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If both parties agree to renew the contract after its expiration. This contract shall come into effect after being signed and sealed by both parties. For matters not covered, a supplementary agreement can be signed by both parties through consultation, and the supplementary agreement has the same legal effect as this contract after being recognized by both parties.
7.4 This contract is made in duplicate, with Party B and Party A holding one copy respectively. ..
Party A: _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _
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