For this transaction, both of us have signed this product, in order to ensure the interests of both parties, the signed contract is essential, the following is our contract sample! The following is the "product processing contract agreement sample", for reference only, welcome to read.
Product processing contract agreement model a
Party A: ______________ Party B: _____________________
Information on both sides:
1, Party A is through the administrative department for industry and commerce legally registered and effective survival of Chinese enterprises engaged in the industry.
2. Party B is a Chinese enterprise legal person engaged in the industry through the administrative department for industry and commerce legally registered and effectively surviving.
3, Party A has filed a patent application for the product, application number: Party B has provided good technical support for Party A to research and development of the product and trial production conditions, Party A committed to entrusting Party B to exclusively process the same kind of products.
A and B for the realization of complementary industrial advantages, *** with bigger and stronger, after equal and friendly consultation, to establish a strategic partnership, Party A entrusted Party B to process the production of a series of products to reach the following agreement, in order to be *** with the letter and observance:
One of the scope of the processing of the product
1, the name of the product:
With the supporting presses include: should be produced by Party A itself.
2, product specifications and technical parameters:
Product specifications and technical parameters and other changes, the two sides should sign a separate supplementary agreement.
Two, commissioned processing orders
1, Party A according to market sales, in every ___ month ___ in writing or fax form to provide Party B with the next month's order, a clear order of the name of the product, specifications and models, the number of products and delivery time, etc., Party B if there are objections should be made in the order within 2 working days after receiving the order. Party A and Party B should be on the dissenting matters of friendly negotiation solutions.
2, Party B shall 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 in advance of ___ days, but the adjustment range (volume) shall not exceed the plan of _____%, if more than _____%, the two sides shall consult separately.
3, Party B should prioritize and actively organize production after receiving the order, and try to meet the requirements of Party A's order.
Three, processing product quality requirements
1, Party B strictly according to the A, B and the two sides to confirm the technical parameters of production, product quality in line with national standards or industry standards.
2, the warranty period: ___ years, calculated from the date of delivery of the product to the delivery site.
3, product quality problems during the warranty period, confirmed by both parties or the national inspection agency to identify the Party B manufacturing caused by the Party B to assume responsibility for the batch of products with quality problems.
4, Party B delivered products such as market circulation, due to quality problems and lead to damage to the interests of Party A, identified by the two sides or by the national inspection agency identified as Party B's responsibility, Party B should be responsible for direct losses of Party A compensation:
(1) the complaint of processing products compensation, Party A in advance with the consent of Party B (in writing shall prevail) can be paid to the third party, the third party signed the confirmation of receipt, and the third party can be paid to the third party. The third party to sign the confirmation, the compensation borne by Party B; when Party B has objections to Party A's processing, Party A can entrust Party B to assist Party A to deal with Party A without Party B's consent to any third party compensation (except for the people's court judgment) can not be used as a basis for calculating the loss of Party A.
(2) Due to product design, man-made damage and other causes outside the processing and manufacturing of Party B, Party B is not responsible for the problems.
Fourth, raw materials
1, the products required by the raw materials are purchased by Party B, Party B should ensure that the raw materials purchased to ensure that the product quality standard requirements.
2, the current market price of raw materials (the main material) is: _______ yuan / ton.
Fifth, processing costs and payment
1, Party B for Party A processing the products specified in paragraph 1 of Article 1 of this Agreement, the processing fee for each unit of RMB _______, the price of the main raw materials (in accordance with the market price announced by the authoritative website of the state when the order is placed) increases or decreases more than the price of the Agreement, the price of the second paragraph of Article 5 of the _______ If the price of the main raw materials (according to the market price published on the authoritative website of the state at the time of placing the order) increases or decreases by more than _______% of the price determined in the second paragraph of Article 5 of this Agreement, the processing fee for each unit shall increase or decrease by _______% accordingly.
2, the technical requirements of the processed products and material consumption changes, the two sides should be in good faith, the principle of fairness **** with the agreement on a reasonable price.
3, Party A shall pay Party B 30% of the processing fee of the products to be processed for the order within three days from the date of the order, and Party A shall pay Party B 65% of the processing fee within ____ days after the goods are delivered to the delivery place and the balance of 5% shall be paid within one year from the date of the order.
4, in view of the payment of Party A to Party B for the continuous state, Party A should indicate the order number corresponding to each payment on the payment order, Party A did not indicate, Party B has the right to decide the order number referred to Party A payment.
Six, product delivery and acceptance
1, delivery location and transportation:, logistics and transportation by Party B is responsible for, the transportation costs borne by Party B, unloading costs borne by Party A.
2, delivery time: to the order determined by Party A and Party B shall prevail.
3. Inspection period: Party A shall accept the products within ____ days after they are delivered to the place of delivery.
4, product quality objections and processing: If Party A finds that the products do not meet the agreement or order requirements, it should promptly notify Party B in writing within the acceptance period, Party A does not raise objections within the acceptance period, the products are deemed to meet the requirements. Party B finds that the products have quality problems, without Party A's written confirmation, Party A shall properly seal the products, and shall not dispose of the products without authorization, otherwise the products are deemed to be qualified. Party B in the receipt of Party A's objection to the notice within ___ working days should be immediately negotiated with Party A, consultation fails, Party A will submit the product to the national inspection of qualified institutions for product quality identification, identification costs advanced by Party A, identification results if the product is qualified, the identification costs borne by Party A, if the product is unqualified, the identification costs borne by Party B.
5, product acceptance based on the two sides **** with the confirmation of the quality of documents and the corresponding national standards or industry standards.
Seven, the termination of the contract
1, this agreement expires naturally.
2. This Agreement is terminated by legal discharge.
3, this agreement is terminated due to the bankruptcy, cancellation or revocation of the business license of either party.
4, this agreement is terminated due to force majeure caused by the contract can not continue to perform.
5. This Agreement is terminated due to the reasons stipulated in other laws and regulations.
VIII. Force Majeure
1. If any party to this Agreement fails to fulfill all or part of its obligations under this Agreement due to force majeure events, the performance of such obligations shall be suspended for the period of time during which the force majeure event prevents its performance.
2. The party claiming to be affected by the Force Majeure Event shall notify the other party in writing of the occurrence of the Force Majeure Event in the shortest possible time and provide the other party with appropriate evidence of such Force Majeure Event and its duration, as well as written information on the inability to perform the Contract or the need for an extension of its performance, within seven (7) days of the occurrence of the Force Majeure Event. The party claiming that a Force Majeure Event has rendered its performance of this Agreement objectively impossible or impracticable is responsible for using all reasonable efforts to eliminate or mitigate the effects of such Force Majeure Event.
3. Upon the occurrence of a Force Majeure Event, the Parties shall immediately decide by amicable agreement how to implement this Agreement. Upon termination or elimination of the Force Majeure Event or its effects, the Parties shall immediately resume performance of their respective obligations under this Agreement. If the Force Majeure and its effects cannot be terminated or eliminated and either party is incapable of continuing the performance of the contract, the parties may agree to terminate the contract or temporarily delay the performance of the contract, and the party experiencing the Force Majeure shall not be liable for it. The parties delayed performance after the occurrence of force majeure, can not be exempted from liability.
4, this agreement refers to the "force majeure" refers to the affected party can not reasonably control, can not be predicted or even if predictable and can not be avoided and can not be overcome, and after the date of signing of this agreement, so that the performance of all or part of the party of the agreement in whole or part of the performance in the objective to become impossible or impractical any event. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as wars (whether or not war has been declared), riots, strikes, governmental actions, or newly enacted laws.
Nine, special agreement
1, based on Party B has provided good technical support for Party A to develop the product and trial production conditions, and will continue to provide technical support for Party A to develop and improve the product and conditions, Party A undertakes that Party A shall not, in any form, entrusted to any third party to provide or processing of the same type of products.
2. Based on the patent applicant of the product (the patent is approved as the patentee), Party B promises that without Party A's consent, the product shall not be provided or processed by any third party in any form.
X. Liability for breach of contract
1, Party A late payment of processing fees, each day late, shall be paid to Party B according to the total amount payable to Party B eight ten thousandths of the day liquidated damages, Party A cumulative delinquency in the amount payable to Party B up to _____, Party B shall have the right to terminate this Agreement.
2. If Party B delays the delivery of products to Party A, Party B shall pay liquidated damages to Party B according to eight ten-thousandths of one percent of the total price of the products per day for each day of delay, and Party A shall have the right to terminate the Agreement if the delay exceeds _____ days.
3, Party B delivered by the two sides *** with the confirmation or the national inspection agency identified quality problems, Party B should be in accordance with the seriousness of the quality problem reasonable choice of repair, replacement or compensation for direct economic loss of responsibility.
4, either party A and B violates the agreement of Article 7 of this Agreement, shall pay to the other party liquidated damages _______ million.
5. During the term of this Agreement, except as otherwise agreed in this Agreement or agreed by both parties, any party who prematurely terminates or dissolves this Agreement shall pay to the other party a liquidated damages of _______ million yuan.
XI, the term of the agreement
The term of this agreement is ten years from _______ ______ month ______ to _______ ______ month ______.
XII. Dispute Resolution
Disputes arising in the course of the fulfillment of this Agreement shall be resolved through consultation between the two parties; in the event of failure of consultation or mediation, the People's Court of the place of signing of the Agreement shall adjudicate the dispute.
Thirteen, notice provisions
1, according to this agreement needs to be sent by one party to the other party all the notices as well as the two sides of the document exchanges and notices and requirements related to this agreement, etc., must be in writing, can be used by letter, fax, telegrams, electronic mail, face-to-face delivery of the transmission of the above ways can not be served, the If the above ways cannot be served, the party may take the way of serving by announcement.
2, a party to change the notice or mailing address, should be changed within 10 days from the date of change, to notify the other party in writing; otherwise, by the non-notification of the party to assume the responsibility arising from the relevant.
Fourteen, other terms
1, this agreement is not yet complete, in accordance with relevant laws and regulations, laws and regulations are not provided, A and B can reach a written supplementary contract. Orders and attachments to this agreement and supplementary contracts are integral parts of this agreement, and this agreement has the same legal effect.
2. This Agreement shall enter into force on the date when it is signed and sealed by both parties or their legal representatives or their authorized representatives. This agreement is in ___ copies, each party ___ copies, with the same legal effect.
Party A (seal): ________________ Party B (seal): ____________________
_______ year ______ month ______ day _______ year ______ month ______ day
Product Processing Contract Agreement Sample IIParty A: ______________ Party B: _____________________
A and B in the spirit of sincere cooperation, the principle of mutual benefit according to the "Chinese People's *** and State Contract Law" and the provisions of the relevant laws, on the basis of friendly consultation to sign the following contract, so that both parties *** together to comply with.
Article 1: Party A accepts Party B's commission to produce and process the following products:
Article 2: Party A shall deliver the products commissioned by Party B to Party B before __________ _____ _____.
Article 3: Party B shall pay Party A RMB _____ in advance as deposit for the production of goods, and the remaining amount shall be paid in one lump sum at the time of picking up the goods after Party B's acceptance of the goods according to the time agreed in the contract.
Article 4: The product quality, style and specification shall be produced according to the requirements of Party B and the samples provided.
Article 5: The outer packaging of the products is mainly waterproof woven bag, such as Party B's other requirements, the packaging costs borne by Party B.
Article 5: The outer packaging of the products is mainly waterproof woven bag.
Article 6: For goods sent outside Guangzhou, all the transportation cost shall be borne by Party B.
Article 7: Party A shall deliver the goods on time according to the time agreed in the contract, and if it is late, Party B shall be paid 2% of the total amount of the contract as liquidated damages.
Article 8: Party B shall make payment on time according to the time agreed in the contract, and if it is late, Party A shall be paid 2% of the total amount of the contract as liquidated damages.
Article 9: If Party A fails to deliver the goods on time due to human irresistible factors, this contract is invalid.
Article 10: This contract is not exhaustive, after consultation between the two sides can be another proposed supplementary agreement, supplementary agreement and the contract has the same legal effect.
Article 11: A and B in the fulfillment of this contract, if there are disputes, should be resolved through friendly consultation. If it can not be resolved through consultation, either party may submit the dispute to the court of the location of Party A to resolve the dispute.
Article 12: This agreement shall be signed in duplicate, one for each party.
Article 13: This agreement shall enter into force on the date of signature and seal of both parties.
Party A (seal): ________________ Party B (seal): ____________________
_______ year ______ month ______ day _______ year ______ month ______ day
Sample Agreement on Product Processing Contract IIIParty A: ______________ Party B: _____________________
Party A entrusted Party B to process products, in order to safeguard the interests of Party A and Party B, through consultation between the two sides, the following agreement on matters relating to the generation of processing for the two sides **** with compliance.
Article I: processing content
Party A entrusted Party B for its processing series of products, the number, style, 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 2: Party A's responsibility
1. According to the plan, respectively, to the commissioned Party B for its processing of Party A's products.
2. Provide Party B with trademark registration certificate and authorization letter.
3. Provide Party B with the style, quantity, technical requirements and delivery time of the processed products.
4. Responsible for providing Party B with a variety of combinations of Party A's "trademark", the design of internal and external packaging.
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 identified by Party A and Party B. Unqualified products can refuse to accept the goods.
7. The trademarks and designs of the above processed goods signed in this contract are owned by Party A, Party B shall not produce or provide for others.
8. Party A gives Party B the package deposit: ______ until the end of the contract period fulfillment, if there is no excess package, Party B shall return to Party A in full.
9. At the end of the contract, Party A will voluntarily buy back the excess materials (packaging, prints, bottles, etc.) printed with Party A's company at the original price.
Article 3: Party B's responsibility
1. Strictly in accordance with Party A's commissioned content and requirements to engage in processing activities.
2. Party A to determine the quality standards for production, production standards in line with national standards of quality requirements, shall not in any form and for any reason to make the quality of the products processed on behalf of the product does not meet the standards.
3. Responsible for the procurement of raw materials, acceptance, supply, 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 and packaging due to Party B's mismanagement. The style provided by Party A shall not be used for the production of other trademarks. Strictly abide by Party A's commercial secrets.
Article 4: Payment
Monthly settlement: the ______ day of each month for the reconciliation of the deadline ______ day of the next month before the ______ day of the payment must be remitted to the account designated by Party B.
Article V: Packaging, freight regulations and requirements:
1, every 6 bottles with PE shrink mold a small package, every 8 small packages for a box, a box of packaging specifications: 1X8X6 (*** 48 bottles / box); outside the cardboard box material specified by Party A, sealed with tape. Packing with packing tape one horizontal and two vertical for packing. Outside the box should be in a conspicuous position to identify the name of the trademark, specifications and quantity.
2. Freight payment: Party B pays the freight to Party A's company or directly to the shipping department in XX city (including return goods).
Article VI: Liability for breach of contract
1. Party B shall be responsible for the loss of Party A caused by quality problems of Party B's products (such as odor, not anti-freezing, etc.).
Note: Anti-freezing warranty temperature range -5 ℃ (including -5 ℃ within) to room temperature; -5 ℃ to -50 ℃ are not part of the warranty temperature range.
2, if the Party A transportation or factory after improper storage or beyond the warranty temperature range and lead to product deterioration, Party B will not be responsible.
3, the brand management and maintenance of the product belongs to Party A; Party B is only responsible for the business scope of OEM production, beyond the business scope of OEM production outside the Party A is responsible for.
4, such as Party B unauthorized production or sale of Party A's products and packaging, printing, etc., once verified, regardless of the number of Party A will pursue Party B's legal responsibility.
5, Party B according to Party A's market sales and the number of orders for production, such as the production of the product does not appear quality problems, are solved by Party A, Party B does not accept any reason for the return of the request, resulting in all the losses caused by Party A shall bear the Tan (including inventory)
6. A, B and Party B, such as a party in breach of contract, in addition to pursuing the breach of contract responsibility, the other side The company has the right to terminate this contract.
Article VII: Effective period of the contract The term of this entrusted processing contract is ______ months, from ______ year ______ month ______ to ______ year ______ month ______ day, the production period is determined by the Party A plan notification form shall prevail.
Article VIII: In case of dispute, Party A and Party B may negotiate to resolve the dispute, and if no agreement is reached, Party A and Party B may apply for arbitration to the XX Arbitration Commission.
Article IX: The original contract in duplicate, signed by the representatives of both parties to take effect.
Article 10: Other outstanding matters to be concluded separately.
Party A (seal): ________________ Party B (seal): ____________________
_______ year ______ month ______ day _______ year ______ month ______ day
product processing contract agreement Model 4Party A: ________________ Party B: ________________
I. Description of the Agreement
According to the Contract Law of the People's Republic of China*** and the State of China, on the basis of equality and reciprocity, mutual support, and **** the same development, xx (hereinafter referred to as Party A) , (hereinafter referred to as Party B) *** with the signing of this agreement.
This contract is an agreement signed by Party A and Party B to provide material processing services to Party A by Party B. Under the conditions of this contract, Party A issues Purchase Orders to Party B, specifying specific material names, specifications, colors, quantities, unit prices, and delivery time and location.
Second, price settlement and payment
1, price settlement and payment: under the conditions of this Agreement, in accordance with the "Purchase Order" for the settlement and payment of the contract, the currency unit is RMB.
2, the party's invoicing information and Party B's account name, depositary bank, bank account number should be ten working days before the payment in the form of a written document stamped with a financial seal to notify the other party.
Third, responsibilities and obligations
1, Party A's responsibilities and obligations:
1, Party A should try to order before the supply cycle, so as to avoid Party B too rush.
2, Party A to provide the materials to be processed as detailed technical requirements, drawings and samples.
3, Party A in Party B encountered technical (more exciting articles from the "Secretary do not ask for help") problems, should try to provide support.
2, Party B's responsibilities and obligations.
1, Party A has intellectual property rights on its materials processed in Party B. Party B only enjoys the general right of use in the process of executing Party A's Purchase Order.
2, Party A has the right of ownership to the molds opened in Party B's place.
3, Party B shall not in any way to any third party to disclose, sell, rent, transfer, license to use or *** enjoy Party A's intellectual property rights and molds.
4, Party B shall not produce or imitate the products provided by Party A by itself or to a third party under any circumstances.
5, Party B is responsible for the confidentiality of trade secrets learned from Party A in the process of signing and performing this Agreement. Trade secret refers to any technical and commercial information provided by Party A to Party B after the first contact between the two parties on the project.
6. Party B must provide Party A with products that meet Party A's technical requirements on time.
Fourth, the responsibility for breach of contract
1, Party A's responsibility for breach of contract:
Payment of liquidated damages: Party A can not pay in time according to the provisions of the contract for reasons, the delay of one month (less than one month, according to the calculation of one month), Party A shall be the total amount of the payment by the time of the payment of liquidated damages of 0.1% to Party B.
2, Party B shall pay liquidated damages to Party B for the payment of the contract.
2, Party B's breach of contract
1, such as due to the quality of Party B's deliveries and failure to deliver to Party A on time, Party A has a claim for loss of probable profit.
2, such as Party B in violation of the relevant responsibilities of this Agreement, the use of Party A drawings or molds for their own or a third party to produce related or similar products, Party B to Party A to compensate for the losses caused by this to Party A, including, but not limited to, due to the Party's customer claims and other claims arising from the actual economic loss of all.
V. Provision of raw materials
Party B to complete the work with Party B's raw materials must be in accordance with the contract provisions of the selection of raw materials, and accept Party A inspection. Party B to conceal the defects of raw materials or raw materials that do not comply with the provisions of the contract and affect the quality of customized, Party A has the right to request rework, repair, reduce the price or return.
Party A raw materials to complete the work, should specify the consumption of raw materials quota Party A should be provided in accordance with the contract time, quantity, quality, specifications of raw materials, Party B to the raw materials provided by Party A to the contract in a timely manner to test, does not meet the requirements, should immediately notify Party A to replace or make up. Party B shall not replace the raw materials provided by Party A without authorization, and shall not replace the parts of the repaired items.
Sixth, modest political agreement
To ensure that the two sides of the fair and just transactions, supply and sales prices are reasonable, and at the same time, in order to strengthen the two sides of the staff integrity and self-subsidizing behavior against unfair competition, the two sides voluntarily reached the following agreement.
Party A (seal): ________________ Party B (seal): ____________________
_______ ______ ______ _______ ______ ______ ______