In the operation of the company, we often produce products through the form of processing, then, we need to sign a processing contract to clarify the responsibilities and obligations of both parties. The following is the "OEM cooperation agreement model template", which is only for reference, welcome to read.
Generation processing cooperation agreement model template (a)Commissioned by: _______________________________ (hereinafter referred to as Party A)
Trustee: _______________________________ (hereinafter referred to as Party B)
According to the "Chinese People's * ** and State Contract Law and related regulations, in order to clarify the rights and obligations of the commissioning party (Party A) and the entrusted party (Party B), by the friendly consensus of Party A and Party B, sign this contract.
I. The quantity and price of the subject matter
See the order list details.
II. Delivery
1. Delivery time: ____ year ____ month ____ day.
2, Party B shall deliver the subject matter to the location ________________ designated by Party A and bear the related costs.
3. When the Subject Matter is delivered to the place of delivery, Party A shall make an inventory of the quantity of the Subject Matter, and if it is found that the quantity of the Subject Matter does not conform to the quantity stated in Article 1 of this Contract, the matter shall be dealt with in the following manner:
(1) If Party A agrees in writing that Party B shall deliver the Subject Matter in accordance with the actual quantity, it shall be regarded as a change of the quantity stated in Article 1 of this Contract;
(2) In the event that Party A refuses in writing to consent to Party B's delivery of the Subject Matter in accordance with the actual quantity, if the actual quantity of the Subject Matter is more than the quantity stated in Article 1 of this Contract, Party B shall transport the excess Subject Matter away 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 regarded as Party B waiving its right to the Subject Matter, and Party A obtains the title to the Subject Matter, and Party A does not need to pay any payment for this; if the actual quantity of the Subject Matter is less than the quantity stated in Article 1 of this Contract, it shall be regarded as a change of the quantity stated in this Contract. If the actual quantity of the subject matter is less than the quantity stated in Article 1 of this contract, Party B shall be deemed to have failed to deliver the goods as scheduled, and Party B shall bear the liability for breach of contract under this contract.
4. Party A, while counting the quantity of the subject matter, shall conduct preliminary acceptance of the quality of the subject matter in accordance with the provisions of Article 3 of this Contract. If the preliminary acceptance of the subject matter is not qualified, Party B shall be responsible for the exchange of qualified subject matter within ____ days, transported to the location designated by Party A, the costs incurred shall be borne by Party B, Party B shall also bear the responsibility for the delay in the delivery of the subject matter of the breach of contract.
5, Party B should be in the Party for quantity acceptance and quality of the preliminary acceptance is completed, the subject matter will be transported to the Party's designated storage location, and according to the Party's requirements for proper placement, Party B bear the corresponding costs. Since the subject matter of all according to Party A's requirements stored in Party A's designated storage location, the subject matter of the risk of damage to the loss of Party A to assume.
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 ensure the quality of the subject matter, and does not affect the quality of the subject matter of Party A in the future to raise any objections to the right.
Third, the processing requirements and quality standards
1, Party B shall fully utilize its own machinery and equipment in accordance with the blueprints provided by Party A to design and produce the subject matter, without Party A's prior written consent, Party B shall not be processed by any third party to complete.
2. Party B shall use ________ materials and adopt ____________ process for processing.
3. The quality of Party B's processed products shall meet ____________________ standards.
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.
Fourth, the template installation and commissioning and after-sales service
1, Party B is responsible for the installation of templates and accessories to guide the ____ layer template construction period, Party B to send a technician ____ people on-site ____ hours of service, and timely solution to the problem of the product.
2, Party B stationed at the scene of the technicians should be subject to Party A's unified management scheduling, and comply with Party A's rules and regulations. If such personnel caused or suffered any loss, Party B shall bear full responsibility and compensate Party A for all losses suffered as a result.
V. Payment
1. Within ____ days from the date of signing of this contract, Party A shall pay Party B ____.
2, from Party B to Party A to deliver the quantity and quality of the preliminary acceptance of all the subject matter within ____ days from the date of delivery, A and B **** with the signing of the contract price confirmation.
3. Party A shall pay Party B within ____ days from the date of signing of the Contract Price Confirmation Order ____% of the amount of the Contract Price confirmed in paragraph 5.2 minus the balance of the amount already paid in paragraph 5.1.
4. Party A shall pay Party B within ____ days from the date of completion and acceptance of the installation and construction of all the Subject Matters the amount of the Contract Price confirmed in paragraph 5.2 less ____% of the balance of the payment made in paragraph 5.1.
5. For the liquidated damages, damages, etc. to be paid by Party B to Party A due to Party B's responsibilities under this Contract, Party A shall be entitled to directly deduct such amounts when making payments to Party B under this Contract.
6. Party B shall issue a formal invoice to Party A at the same time as Party A makes payment.
Sixth, Party B's responsibility
1, strictly in accordance with Party A's commissioned content and requirements to engage in processing activities, attach great importance to the production of Party A's registered trademark products, to ensure that the product meets the standards, good quality.
2, Party B for Party A to provide a variety of combinations of trademarks, internal and external packaging design and other trademarks marked with packaging and printed materials and other content related to Party A commissioned products.
3, Party B in accordance with Party A to determine the style, specifications, quality standards and delivery deadlines and other requirements for production. Shall not exceed the order quantity and variety in any form and reason.
4, Party B to supply Party A all products are quality qualified products, product quality in accordance with the national or enterprise standards for the corresponding products are strictly enforced production. If the products produced by Party B are unqualified, the quality does not meet the standards and other non-Party A factors caused by the loss of all by Party B and Party A has the right to take back all the trademark rights and the right to use the name of the company and terminate the contract without compensation.
5, Party B is responsible for __________________ the procurement, acceptance, supply, and in accordance with the requirements of Party A to determine the quality standards of raw materials. If Party A needs a third-party inspection report, Party B should be informed, and Party A will bear the inspection cost.
6, Party B shall not own or hand over to units and individuals other than Party A to sell products labeled with Party A's trademark.
7, Party B strictly manage the packaging and printed materials labeled with Party A's trademarks to prevent outflow.
8, Party B shall not engage in OEM processing for third parties that compete directly or indirectly with Party A in the market; Party B shall not authorize or set up another third party that competes directly or indirectly with Party A in the market as a distributor.
9, Party B in the above processed products labeled on the packaging manufacturer's name, factory address, production license number, product standard number and other relevant product laws and regulations of the label.
11, after the expiration of the contract or termination of the contract, Party B shall not use Party A's trademarks and labeled with Party A's trademarks on the packaging, printed materials.
12, strictly abide by Party A's commercial secrets.
The trademarks and copyrights of the above processed products belong to Party A. Party B shall not use or distribute Party A's commissioned products or imitation to units and individuals other than Party A. The content of this contract and the price of the products shall not be disclosed to the public. The contents of this contract and the price of the products shall not be disclosed to any third party.
VII. Liability for breach of contract
1, Party A's liability for breach of contract.
If Party A delays the payment under this contract, for each day of delay, Party A shall pay Party B liquidated damages at ____% of the amount of its delayed payment, with the total amount of liquidated damages not exceeding the original value of the leased items (Attachment II of the 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 to Party A the liquidated damages at ____% of the total amount of the contract as stated in Article 1 of the Contract for each day of delay, and Party A shall have the right to terminate the Contract without any responsibility to Party B if Party B is overdue for more than ____ days and Party B shall compensate for all the damages suffered by Party A for this reason.
(2) If Party B delivers the processing work under this Contract to a third party or carries out the work at a third party's premises without Party B's prior written consent, Party B shall pay liquidated damages to Party A at the rate of ____% of the total amount of the Contract as stated in Clause 1 of this Contract, and Party A has the right to terminate this Contract without any liability to Party B immediately, and Party B shall compensate all the losses suffered by Party A as a result of such termination.
(3) If Party A finds that Party B violates the provisions of this Contract in terms of processing technology, processing materials, etc., Party B shall pay liquidated damages to Party A according to ____% of the total amount of the Contract as stated in Clause 1 of this Contract, and Party A has the right to terminate this Contract without any responsibility to Party B immediately, and Party B shall compensate Party A for all the damages suffered by Party A as a result of such violations.
(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 ____% of the total amount of the contract as stated in Article 1 of this contract, and Party A shall have the right to require Party B to re-deliver the qualified subject matter to Party A at its own expense or to terminate this contract immediately without any responsibility to Party B and Party B shall compensate Party A for all the losses it has suffered as a result. (b) The contract shall be terminated immediately without any responsibility on your part.
(5) If Party B's technicians leave Party A's site without authorization or cannot be contacted, Party B shall pay Party A liquidated damages of ____% of the total amount of the contract as stated in Clause 1 of the Contract for each occurrence of such cases, and if such cases occur for a total of ____ times, Party A shall have the right to terminate the Contract without any responsibility to Party B and Party B shall compensate Party A for the total losses suffered by Party A as a result of such cases.
VIII, the contract takes effect
This contract shall come into force after both parties have signed and sealed it. This contract in duplicate, each party to sign a copy, with the same legal effect.
IX. Prohibition of transfer of rights
Neither party shall transfer its rights under this contract, whether in whole or in part, to a third party. If a party to the contract assigns its contractual rights, the assignment of such rights shall be invalid and shall not be legally binding on the other party to this contract, and shall be deemed to be a breach of contract by such party, which shall pay to the other party to this contract liquidated damages equal to 10% of the subject matter of this contract.
Tenth, the way to resolve disputes
A, B disputes arising out of this contract, should be friendly consultation; consultation fails, the two sides agreed to follow the following ______ way to implement:
The first: all disputes arising out of or related to this contract will be submitted to the ____ Arbitration Commission and in accordance with the arbitration rules of the Commission. Arbitration Rules of the Arbitration Commission;
The second one: either party has the right to file a lawsuit to the People's Court of the place where this contract is signed.
The agreement on jurisdiction in this contract shall not be changed by the invalidity, revocation and dissolution of the contract or the assignment of the rights and obligations of this contract.
XI. Supplementary Provisions
________________________________________________________________________________________________________
(No text below)
Entrusted Party ( Official Seal): ___________________ Trustee (Official Seal): ___________________
__________ year __________ month __________ day __________ year __________ month __________ day
Substitute processing Cooperation agreement template (two)Party A (commissioning party): ____________________
Party B (processing party): ____________________
Party A and Party B, after friendly consultation, in the spirit of equality, voluntariness, honesty, the principle of mutual benefit, the long-term cooperation of Party B to undertake Party A entrusted processing Manufacturing business long-term cooperation reached the following agreement:
I. Overview of the cooperative relationship
1.1 Party B to undertake long-term processing and manufacturing business entrusted by Party A, and to ensure that the production of products, quality and provide quality services.
1.2 Party B's products processed and manufactured for Party A cannot be provided to anyone for any reason. Party B has no right to operate and sell Party A's products, as well as product technology, patents bear the responsibility of confidentiality.
1.3 Party A and Party B negotiate each order according to this contract. Party B according to Party A issued, Party B to determine the order, the arrangement of production processing and manufacturing.
II. Ordering and Pricing of Products
2.1 In order to ensure the long-term cooperative relationship between Party A and Party B, Party B shall provide Party A with the processing products with the advantage of good quality and low price.
2.2 If other manufacturers can provide the same quality, or better quality at a lower price than Party B, the two sides negotiate to adjust the price under the premise of quality assurance.
Three, product name, processing
3.1 Processing product name, model, quantity, amount and delivery date for each batch of order contract shall prevail.
3.2 Party A provides product raw materials, product process documents and requirements, Party B according to product process documents and requirements for processing and production.
Four, the incoming material and finished product inspection
4.1 In the production of manufacturing, before the Party to provide samples of the product, by Party B to produce samples and written confirmation of samples to submit to Party A inspection, inspection, both sides of both sides of the confirmation of each and sealing of samples, in accordance with the confirmation of the samples as the basis for the production and ensure the quality of the product.
4.
4.2 The quality standards for the implementation of the product should be given by the Party to the relevant inspection standard documents. If the order is otherwise agreed, according to the order of the newly agreed documents.
4.3 Party B guarantees that the actual technical parameters of the products produced are in accordance with the technical parameters documented in the order logo.
V. Packaging and Transportation
5.1 Party B provides Party A with qualified products, which shall be packaged in accordance with Party A's requirements and labeled with logos. If the order is otherwise agreed, from the agreement.
5.2 Delivery method, location: the location of Party A's warehouse, or another agreed location.
5.3 The cost of transportation shall be borne by Party B, unless otherwise agreed by the parties.
5.4 Party B bears the risk of loss or damage to the goods during transportation.
VI. Settlement Method and Period
6.1 After both parties sign the contract, this contract will be used as the basis for each order, and Party A will place an order to Party B for each order.
6.2 Party B to Party A after the confirmation of the order, in accordance with Party A's requirements to arrange for shipment time; otherwise agreed, from the agreement.
6.3 Payment settlement agreed: monthly, the month before the end of the product shipments, inspection and acceptance, the next month after the completion of the reconciliation is correct, the end of the month before the settlement of the amount payable; A and B for the progress of the payment and settlement of the agreement otherwise agreed, from the agreement.
VII, breach of contract and dispute resolution
7.1 If Party B's breach of contract caused by Party A's economic losses, Party B shall bear.
7.2 If there is a dispute, the two sides should be based on the principle of mutual concessions and mutual understanding of negotiation. If the dispute cannot be resolved by negotiation, the Party shall file a lawsuit with the district court of the city where the City is located.
7.3 The validity period of this contract is _____ years, from _____ month _____ to _____ day _____. If A and B are in breach of contract, the contract will be void. The period expires if both parties then agree to renew the contract. This contract is signed by both parties to take effect. Matters not covered can be added after consultation between the two sides of the supplemental agreement, the supplemental agreement recognized by both parties and this contract has the same legal effect.
7.4 This contract in duplicate, party B, party A a copy.
Party A: _____________________ Party B: _____________________
_______ year _______ month _______ day _______ year _______ month _______ day