Part I commissioned the production of processing contract
Party A: ____________
Party B: ____________
After full consultation between the two sides, on the basis of mutual benefit and reciprocity, on the commissioning of Party A, Party B, the processing of the production of [______] series of products. Reach the following agreement:
Article I Processing Product Scope
1, product name: ____________
2, product specifications: _________
3, such as the increase in the product by the two sides to sign a separate written supplementary agreement.
Article II entrusted processing orders
1, Party A according to market sales, on the day of the month in writing or fax form to provide Party B with the next month's order, clear orders for the number of orders and the supply time, Party B, if there is any objection, it should be raised in writing within 1 day after receiving the order, otherwise, it is deemed to agree.
2, Party B to provide products according to the confirmed order, Party A may adjust the order accordingly depending on the specific circumstances, adjust the plan to notify Party B 5 days in advance, but the adjustment range (volume) shall not exceed 25% of the plan, if more than 25%, the two sides to negotiate.
3, Party B should try its best to meet the requirements of Party A's order.
Article III Processing Product Quality and Responsibility
1, Party B strictly in accordance with the formula and process confirmed by Party A and Party B, product quality in line with national food hygiene standards.
2, processed products marked on the packaging of Party B's factory name and address, while indicating that Party B is commissioned by Party A to produce, with "______" trademark use authorization.
3, the product in the shelf life of the batch of quality problems, confirmed by the two sides or the national inspection and testing institutions signed by Party B manufacturing caused, in addition to the quality of the batch of products by Party B to assume the responsibility for the problem products (need to be counted by both sides), Party B should also be the quality of the batch of products in question in the form of 30% of the total value of in-kind form (processed products) compensation to the party;
4, Party B Delivered products such as market circulation, due to quality problems and lead to damage to the interests of Party A, the two sides identified or identified by a notary public unit is the responsibility of Party B, Party B shall be responsible for Party A's direct loss of compensation:
(1) Compensation for complaints about the processing of products, Party A, in advance of the consent of the consent of the Party B (in writing shall prevail) can be the first to compensate the consumer, the consumer to sign the confirmation of the Party B bear the burden of compensation, compensation in the processing fee in the form of 30% of the total value of the batch of products with quality problems to Party B;
4. Compensation, compensation is deducted from the processing fee; when Party B has objections to Party A's processing, Party A can entrust Party B to assist Party A to deal with;
(2) Party B can assist Party A to deal with the quality of the complaint when Party A has a request, but is not responsible for the end-users (i.e., Party A's customers) to provide after-sales service;
(3) small amount of packaging damage and other quality issues, Party B is responsible for the exchange;
(4) Party B is responsible for the quality of the product and the quality of the product.
(4) Party B is not responsible for the deterioration of the product due to improper storage after transportation or shipment from Party A.
5.
5, Party B should be in accordance with product standards for each batch of products sampling and sampling, and strictly follow the "three inspection" system.
6, Party B should be based on Party A's sales needs to provide a stamped copy of the business license and a copy of the production, health permits, the corresponding batches of products factory inspection report.
Article IV Supply of raw materials and packaging materials
1, the product's trademark pattern, logo design pattern and packaging design pattern provided by Party A to Party B, the intellectual property rights of these patterns and their combinations belong to Party A, Party B shall not be used or licensed for use by others in any place other than Party A's products.
2, Party B is fully responsible for the procurement of raw and auxiliary materials and packaging materials required for the processing of products, and to ensure that the purchased raw and auxiliary materials, packaging materials in line with the requirements of Party A's product quality standards.
3, Party B should keep Party A's materials, packaging cartons, labels, etc. can not enter the market.
Article V Product Delivery and Acceptance
1, the implementation of the product Party A to provide their own, the delivery location of Party B's factory warehouse, logistics and transportation by Party A is responsible for Party B is responsible for loading.
2, product delivery according to Party A order fulfillment, if there are changes, the two sides should be agreed in advance.
3. Before the products leave the factory, Party A's representative in the factory will issue a quality acceptance form and sign on Party B's warehouse receipt.
4, product acceptance based on the quality of the two sides **** with the confirmation of the quality of documents and the corresponding national standards.
5, such as Party A that the raw and auxiliary materials, packaging materials and finished products appear bad phenomenon (such as raw and auxiliary materials, packaging materials do not meet the standards, finished products have broken phenomenon, etc.), you can put forward objections to the Party B, and has the right to notify the Party B to stop using the bad raw and auxiliary materials and packaging materials;
6, Delivery time: since the order plan in the Party B to confirm (the plan confirmation time for the Party B to receive) Fax after the seventh day after the start of supply, the daily supply is: ______ monthly order quantity of ______ million boxes or less, the first day is not less than ______ million boxes, the monthly order quantity of ______ million boxes, not less than ______ million boxes per day, ______ million boxes or more than ______ million boxes per day, ______ million boxes per day.
The commissioning party ____________ processing party ____________
Signature of the representative: _____ Signature of the representative: ______
____ year ___ month ___ day
Part II commissioned production and processing contract model
Commissioning party (hereinafter referred to as the "commissioning party"): ______ Limited
Processing party (hereinafter referred to as the "processing party"): ______ Limited
The commissioning party and the processing party on the basis of equality and voluntariness, and after friendly consultation signed this agreement. In order to *** together to comply with:
(1) The Commissioning Party wishes to commission the Processing Party ____ products in accordance with the following conditions, the relevant product orders will be issued to the Processing Party in accordance with the provisions of this Agreement.
(2) The Processing Party wishes to process the ____ Products for the Commissioning Party under the following conditions, and the relevant Products will be completed as provided for in this Agreement.
(3) The Client is the trademark holder of _____ products and enjoys the patent right of the products concerned.
First Monthly Order
1. The Client must fax the order quantity to Processing __ days in advance. The content of the order specifies the pick-up time.
2, the processing side in the receipt of the order, must be within ______ to fax written confirmation of the order to the commissioning party.
3. Unless both parties agree, after the order has been accepted by the processor, the commissioning party cannot suspend the order and the processor must fulfill the order.
4. The commissioning party must provide the processing party with the raw materials and packaging materials required for the order at least five days before the processing party starts work.
5. The Processing Party shall receive sufficient and quality-qualified materials and shipment of finished products not less than ___ days (including Saturdays and Sundays). All losses caused by stoppage or delay due to insufficient quantity of raw materials and packaging materials, unqualified quality or delay in providing the required materials shall be borne by the client.
6, raw materials and packaging materials into the warehouse (the warehouse of the processing party) quality inspection work by the commissioning party to appoint a representative is solely responsible for.
7. The processing fee including VAT (including the cost of raw materials provided by the Processing Party) shall be RMB ____.
8. The client will be responsible for the acceptance of the products, the arrangement of transportation, and the payment of related freight and insurance.
9. The client will be responsible for providing suitable raw materials and packaging materials, and will deliver the required raw materials and packaging materials to the processor free of charge, and the client will arrange for the transportation of the relevant materials and pay the relevant freight and insurance premiums.
The second technology and process
The physical and chemical indexes of the finished products will be provided by the commissioning party (see Annex I), and the processor will process the products in strict accordance with the ____ technology. The first processing by the commissioning party is responsible for the processing process of the finished product of the physical and chemical indicators of online testing and quality control. As long as the processor processes in accordance with the above requirements and meets the quality index requirements in Annex I, the processor has no responsibility for the quality of the product. The other quality responsibilities of the products shall be borne by the client, unless:
a. The products contain other substances which are not included in the formula;
b. The products contain foreign substances such as glass, iron, sand, etc.
c. The products contain substances other than those contained in the formula, or substances other than those generated by chemical or physical changes of substances contained in the formula;
The Third Payment terms
1. The first processing fee shall be remitted in full to the bank account of the processor after the completion of ___ days of the production of the products by the commissioning party.
2. The processor must issue the VAT invoice to the client within __ working days after the payment by the client.
3. Without the written consent of the commissioning party, the processor or anyone else can not use the commissioning party's trademark, trade name or disclose the processor as the commissioning party's product subcontractor.
The fourth responsibility of both parties
The processing party according to the commissioning party to confirm the formula and process requirements of the processing of the above products, quality and quantity, on schedule to complete the commissioning party's processing task indicators, the commissioning party is responsible for the processing of the above products from the raw materials to the procurement of all packaging, such as raw materials are not in place according to the production plan to affect the production, the commissioning party will be held responsible for all the responsibility.
Fifth termination of the agreement
1, one of the parties can be ninety days in advance to notify the other party in writing to terminate this agreement.
2. If either party violates the above treaty, the other party has the right to terminate this agreement by giving thirty days' written notice to the other party in accordance with the provisions of this agreement.
3. After the termination of the agreement, the commissioning party must take away all the remaining products, raw materials and packaging materials belonging to the commissioning party within five working days after the termination of the agreement, otherwise, the processing party has the right to dispose of the relevant materials by itself.
Sixth agreement period
This agreement is valid for __ years from the date of signing and sealing by both parties. The agreement can be extended in the form of additional parties by mutual agreement.
Commissioned by: ____________ Processor: ____________
Signature of the representative: ________ Signature of the representative: ________
Name of the representative: ________ Name of the representative: _________
Part III Commissioning Production and Processing Contract
Commissioning party (Party A): __________________________________
Entrusted party (Party B): __________________________________
Party A, due to production and management The need for production and operation, commissioned by Party B production and processing of parts, now by the two sides signed the following contract for *** with the trust and abide by:
First, commissioned by the processing of goods
Parts name ______________
Specifications Model ________________
Units ____________________
Quantity ____________________
Delivery date ________________
Second, Party A provides the main material consumption quotas
Name of parts __________________
Specification ____________________
Name of processed material ________________
Unit ________________________
Material consumption quota ________________
III, Processing fee settlement quota
Name of parts ______________
Specification ________________
Unit ____________________
Processing fee quota (including tax) _________
IV. Processing fee settlement period
Party A pays the processing fee within ________ months after both parties confirm the pending settlement.
Fifth, the production plan issued by the processing of materials allocated to write-off and financial settlement of the operating regulations
1, a single batch of commissioned processing, this contract is the processing plan; commissioned by the processing of multiple batches of business, commissioned by Party A to issue a separate processing production plan, clearly specify the processing period, Party B must ensure that the delivery of goods within the specified period.
2, according to the processing plan issued by Party A, Party A and Party B for commissioned processing of materials allocation procedures, by the handover of the two parties in the "commissioned processing of materials allocation sheet" on the visa confirmation.
3, after the completion of product processing, A and B for the completion of product handover procedures, by the handover of the two sides of the operator in the "processed products into the warehouse" on the signature confirmation.
4, the monthly settlement period, according to the number of products processed in the month, A and B for processing fees billing settlement confirmation procedures, and in the contract before the payment, Party B with a special invoice for value-added tax to Party A to collect processing fees.
Six, quality requirements
The two sides signed a separate quality and technical agreement to be clearly defined.
VII. Penalties for delayed delivery
Party B will be fined 2% for each day of delayed delivery.
VIII, the two sides signed a separate supplemental agreement, the supplemental agreement and the contract has the same legal efficiency.
IX, this contract in duplicate, A and B each party.
Party A (official seal): ____________________
Party B (official seal): ____________________
Date of signing: _______ year ____ month ____
Part IV entrusted production and processing Model Contract
Commissioning Party: ____________ (hereinafter referred to as Party A)
Commissioned Party: ____________ (hereinafter referred to as Party B)
Party A commissioned Party B to process __________________ products, in order to safeguard the interests of Party A and Party B, after consultation between the two parties, on the In order to safeguard the interests of both parties, after consultation between the two parties, the following agreement was reached on matters related to processing for both parties to **** with compliance.
Article I processing content
Party A entrusted Party B for its processing series products, processing quantities, styles (or development information), standards, quality requirements provided by Party A, the price is determined by the two sides to determine the negotiation, and the other detailed in the order.
Article II Party A responsibility
1. According to the plan quarterly commissioned Party B for its processing Party A ______ products.
2. Provide Party B with Party A's production authorization procedures, trademark registration certificate, power of attorney, as well as proprietary legal proof of trade secrets and other relevant legal documents
3. Provide Party B with the style of processed products (or development information), quantity, technical requirements, delivery time and so on.
4. Responsible for providing Party B with various combinations of Party A's trademarks, internal and external packaging, and its quarterly commissioned by Party B to process Party A's ____________ products according to the plan.
2. Provide Party B with Party A's production authorization procedures, trademark registration certificate, power of attorney, as well as exclusive legal proof of trade secrets and other relevant legal documents
3. Provide Party B with processed products style (or development information), quantity, technical requirements, delivery time and so on.
4. Responsible for providing Party B with a variety of combinations of Party A's trademarks, internal and external packaging and other trademarks marked with packaging and printed materials and other content related to Party B's processed products.
5. Party A has the right to inspect and supervise Party B's production standards, product quality, and put forward comments and suggestions, confirmed sample acceptance of goods.
6. Party A accepts the goods in accordance with the samples and standards determined by both parties.
7. A and B strictly abide by commercial secrets.
1. The trademarks and pattern text of the above processed goods signed in this contract are owned by Party A, and Party B shall not produce or provide them for others.
2, Party A shall not hand over Party B's design and production samples to other producers.
Article 3 Party B's responsibility
1. Strictly in accordance with Party A's commissioned content and requirements to engage in contract processing activities.
2. Party A to determine the style, quantity, quality and production period and other standards of the plate for production, production standards in line with the ____________ quality requirements, and shall not exceed the number of orders and varieties in any form and for any reason.
3. Responsible for the procurement, acceptance and supply of raw materials, and in accordance with the quality requirements of raw materials determined by Party A.
4. Strictly manage the trademarks, packaging and printed materials provided by Party A. Party B shall bear the corresponding legal responsibility for the loss of Party A's trademarks, ornaments and packaging due to Party B's mismanagement.
5. The styles provided by Party A shall not be used for the production of other trademarks.
6. Strictly abide by Party A's commercial secrets.
7. Three packages for the production of products, three packages of standards in accordance with the relevant provisions of the State.
Article IV Payment and Delivery Location
Party A determines the commissioned processing styles, quantities, standards, and Party B signed the commissioned processing notification form, and within one week from the date of signing the Party B to pay the total purchase price of _________ as an advance, the goods provided by Party B after Party A acceptance of warehousing after the financial verification of the payment, the delivery location of the Party's warehouse.
Article V acceptance criteria
The two sides in the order to determine the production of samples of varieties before, A, B and the two sides in this and in the production process, the quality of the supervisor's supervision of the requirements (subject to the requirements of the content of the written) as the acceptance criteria. Party A must accept the products within 3 days from the date of delivery to the designated place.
Article 6 Default Liability
1. Party B shall bear the liquidated damages of ______% of the total price of this batch of goods every day because Party B fails to deliver the goods according to the time required by Party A. If Party A fails to pick up the goods according to the requirements of the contract, Party B shall have the right to deduct the deposit of Party A.
2.
2. If Party B produces or sells Party A's products and packaging, printing, etc. without authorization, Party B shall pay Party A RMB ______ million in liquidated damages regardless of the quantity and pursue Party B's legal responsibility.
3. Any violation of the other provisions of this contract, the responsible party shall bear the default penalty of ______% of the value of this batch of goods.
4. Party A and Party B, if one of the parties in breach of contract, in addition to pursuing the liability for breach of contract, the other party has the right to terminate this contract. Party A provides trademarks and authorization procedures are incomplete or false legal responsibility arising from Party A, Party A to compensate for the resulting economic losses to Party B and brought.
Article VII effective period of the contract The term of this entrusted processing contract is ______ months, from ______ month of ______ to ______ day of ______ month of ______, the production period shall be determined by Party A's plan notification form.
Article VIII of the contract in case of disputes, Party A and Party B can negotiate to solve the problem, and if no agreement can be reached, it can apply for arbitration to ______ Arbitration Commission.
Article IX of the original contract in duplicate, signed and sealed by the representatives of the local people of both parties to take effect.
Article X other outstanding matters to be concluded separately.
Party A: ____________ Party B: ____________
Representative: __________ Representative: __________
Part V Commissioned Production and Processing Contract Model
Commissioning Party (hereinafter referred to as Party A)
Processing party (hereinafter referred to as Party B):
After full consultation between the two sides, on the basis of mutual benefit and reciprocity, Party A entrusted Party B with the processing and production of _______ series of products, to reach the following agreement:
The first processing product category
1, the product name:
2, the product specifications are:
3, such as the increase of products by the two sides to sign a separate written supplementary agreement.
Article II entrusted processing orders
1, Party A according to market sales, in writing or by fax on the ____ day of each month to provide Party B with the next month's order, a clear order of the number of orders and delivery time, Party B, if there are any objections, should be put forward in writing after receiving the order within _____ days, or else it is regarded as consent.
2, Party B to provide products according to the confirmed order, Party A may adjust the order accordingly depending on the specific circumstances, adjust the plan to notify Party B 5 days in advance, but the adjustment range (volume) shall not exceed the plan ______%, if more than _____%, the two sides to negotiate separately.
3, Party B shall make every effort to meet the requirements of Party A's order to the limit.
Article III Processing Product Quality and Responsibility
1, Party B is strictly in accordance with the formula and process confirmed by Party A and Party B, product quality in line with national food hygiene standards.
2, processed products marked on the packaging of Party B's factory name and address, while indicating that Party B is commissioned by Party A to produce, with "______" trademark use authorization.
3, the product in the warranty period of the batch of quality problems, confirmed by both sides or the state inspection and testing organizations signed by Party B manufacturing caused, in addition to Party B to assume the batch of quality problem products (need to be counted by both sides of the responsibility of the product), Party B should also be according to the batch of quality problems of the total value of the product _______% of the in-kind form of compensation (processed products) to the party;
4, Party B delivered products such as in the market circulation, due to quality problems and lead to damage to the interests of Party A, identified by both parties or by a notary public unit identified as Party B's responsibility, Party B shall be responsible for Party A's direct loss of compensation:
(1) complaints about compensation for the processing of products, Party A, in advance of the consent of the consent of the Party B (in writing shall prevail) can be the first to compensate the consumer, the consumer to sign the confirmation, by the Party B shall bear the compensation, and the compensation shall be deducted from the processing fee; when Party B has objections to Party A's processing, Party A may entrust Party B to assist Party A in processing;
(2) Party B may assist Party A in dealing with the quality complaints when Party A so requests, but it is not responsible for providing after-sales service to the end-users (i.e., Party A's customers);
(3) a small number of quality problems such as damaged packaging, Party B shall be responsible for the exchange;
(4) Party B will not be responsible for the deterioration of the product due to improper storage after Party A's transportation or shipment.
5, Party B should be in accordance with product standards for each batch of products sampling and sampling, and strictly follow the "three inspection" system.
6, Party B should be based on Party A's sales needs to provide a stamped copy of the business license and a copy of the production, health permits, the corresponding batches of products factory inspection report.
Article IV Supply of Raw Materials and Packaging Materials
1, the product's trademark pattern, logo design pattern and packaging design pattern provided by Party A to Party B, the intellectual property rights of these patterns and their combinations belong to Party A, Party B shall not be used or licensed for use by others in any place other than Party A's products.
2, Party B is fully responsible for the procurement of raw and auxiliary materials and packaging materials required for the processing of products, and to ensure that the purchased raw and auxiliary materials, packaging materials in line with the requirements of Party A's product quality standards.
3, Party B should keep Party A's materials, packaging cartons, labels, etc. can not enter the market.
Article V Product Delivery and Acceptance
1, the implementation of the product Party A to provide their own, the delivery location of Party B's factory warehouse, logistics and transportation by Party A is responsible for Party B is responsible for loading.
2, product delivery according to Party A order fulfillment, if there are changes, the two sides should be agreed in advance.
3. Before the products leave the factory, Party A's representative in the factory will issue a quality acceptance form and sign on Party B's warehouse receipt.
4, product acceptance based on the quality of the two sides **** with the confirmation of the quality of documents and the corresponding national standards.
5, such as Party A that the raw and auxiliary materials, packaging materials and finished products appear bad phenomenon (such as raw and auxiliary materials, packaging materials do not meet the standards, finished products have broken phenomenon, etc.), you can raise objections to Party B, and have the right to notify the Party B to stop using the bad raw and auxiliary materials and packaging materials;
6, Delivery Time: Since the ordering plan in the confirmation of the Party B (the plan is confirmed within days after the receipt of fax). Fax after _____ days) after the ______ day to start supplying, the daily supply quantity is: monthly order quantity of _______ 10,000 boxes or less, the ____ day is not less than _______ 10,000 boxes, monthly order quantity of _______ 10,000 boxes, every day is not less than _______ 10,000 boxes, _______ more than 10,000 boxes, every day is _______ 10,000 boxes.
Article 6 Default Liability
1, because Party B did not deliver the goods according to the time required by Party A, Party B shall bear the liquidated damages of ______% of the total price of the batch of goods every day; if Party A did not take delivery of the goods according to the requirements of the contract, Party B shall have the right to deduct the deposit from Party A.
2, such as Party B unauthorized production or sale of Party A's products and packaging, printing, etc., once found, regardless of the number of Party B should be Party A ______ million yuan liquidated damages, and pursue Party B legal responsibility.
3. Any violation of the other provisions of this contract, the responsible party shall bear the default penalty of ______% of the value of this batch of goods.
4, Party A and Party B, if one of the parties in breach of contract, in addition to pursuing the liability for breach of contract, the other party has the right to terminate this contract. Due to the trademark and authorization procedures provided by Party A is incomplete or false legal responsibility borne by Party A, Party A compensation for the result to Party B and economic losses.
Article VII other
1, dispute resolution: the contract in case of dispute, Party A and Party B can negotiate to resolve the failure to reach an agreement can be applied to the ______ Arbitration Commission for arbitration
2, the contract takes effect: the validity of the contract period of this entrusted processing contract period of ______ months, from ______ the year of ______ month ______ to ______ ______ month ______ day, the production period is determined by Party A's plan notification form.
3. The original of this contract shall be in _______ one copy and shall come into force after being signed and sealed by the representatives of the locals of both parties.
4. Other outstanding matters are concluded separately.
Commissioning party (seal):
Signature of the representative:
______ year ____ month ____ day
Processing party (seal):
Signature of the representative:
______ year ____ month ____ day