Mode 1 of catering distribution contract
Party A:
Party B:
Whereas Party A needs Party B to provide catering services to its employees, and Party B is qualified and capable of providing such catering services, Party A and Party B have reached the following agreement on Party B's catering services to Party A through friendly negotiation in accordance with the laws of China:
First, the service content
1. 1 During the validity period of this agreement, both parties must perform all obligations stipulated in this agreement.
1.2 Party B shall provide catering services to Party A according to the conditions and time stipulated in the agreement.
Second, the feeding period
2. 1 This contract is valid for half a year, from 20151October to 20161October.
Third, the specifications of the food.
3. 1 Party B provides Party A with lunch at the following price: the standard of meal fee is 14 yuan/serving. Both parties can negotiate to adjust the price according to market changes, but they should make a written record and sign a supplementary agreement to show their commitment.
3.2 Food combination standard:
2 meat +2 vegetables+soup+rice+drinks/fruits/serving (dishes are optional).
3.3 Dining service time: Monday to Friday (except holidays):11:30-13: 00, and settlement is subject to actual delivery.
Four. Obligations of Party A
4. 1 Provide dining places.
Party A shall provide Party B with necessary service places or places that meet the requirements of the health department (hereinafter referred to as? Where to eat? ), so that Party B can fulfill the obligations stipulated in this Agreement and the effective annexes. The service place is located in the restaurant in Party A's factory.
4.2 Notify the number of diners
In order to cooperate with Party B's normal meal supply, Party A shall report the approximate number of diners on that day before 9: 30am.
Verb (abbreviation of verb) Party B's obligations
5. 1 staffing:
5. 1. 1 Party B shall send well-trained personnel who meet the hygiene standards of catering services and hold health certificates to the site to provide quality services to Party A, and promise to establish a system of morning inspection for employees. If symptoms such as cough, fever and diarrhea are found, Party B shall not arrange for them to participate in the on-site operation that day.
5. 1.2 Party B shall provide a list of all personnel serving in Party A and their health certificates. If there is any personnel transfer, Party A shall be informed in time, and the health certificate of the updated personnel shall be provided, and the on-site operation can be started only after the approval of Party A.. Moreover, the health certificate of field operators must be updated in time after it expires.
5. 1.3 On-site operators must strictly abide by Party A's company rules and regulations. In case of violation, Party A has the right to require Party B to replace it immediately or make corresponding punishment.
5. 1.4 Party B must deliver meals on time every day and ensure the time for meals. Under special circumstances, the meal serving time should be appropriately extended.
5.2 Management System
5.2. 1 Party B shall use and properly maintain the equipment and appliances provided by Party A.. If there is any damage, Party B shall make corresponding compensation.
5.2.2 If an accident such as food poisoning is confirmed by the health and epidemic prevention department at a higher level as Party B's responsibility, Party A has the right to require Party B to compensate for all economic losses, including rescue expenses, follow-up medical expenses, lost time, transportation expenses and funeral expenses, etc., and Party A also has the right to claim compensation together.
5.2.3 Party B shall be responsible for the accidental injuries of its personnel during the service.
5.3 Hygiene and product quality
5.3.65438+
5.3.2 Party B must strictly check the hygiene and quality of the purchased goods to ensure that all foods are used without meals, so as to ensure the quality of meals provided to Party A.. ..
5.3.3 Party B shall keep the catering service clean and abide by the hygiene rules and regulations formulated by Party A. Party B shall be responsible for the leftovers in the catering and the hygiene of the restaurant, and the catering garbage shall be recovered in time. Party B shall be fully responsible for the cleaning of Party A's pantry, bear the relevant expenses arising therefrom, and abide by the relevant government regulations on hygiene and health.
5.3.4 If Party A's personnel find foreign objects during the meal, Party B's personnel shall solve them in time and make corresponding compensation. If it appears too many times, Party A has the right to give Party B corresponding punishment measures.
5.3.5 Party B is responsible for arranging menus with balanced nutrition and various colors and other related catering services according to the agreement, and obtaining the approval of the personnel designated by Party A. ..
5.3.6 Party B promises that the prepared food meets the requirements of the health department and keeps the main food samples provided every day for 48 hours.
5.4 Inspection and supervision
5.4. 1 party b accepts the inspection of the dining place and related work by the personnel authorized by party a without affecting the normal operation of party b. ..
5.4.2 Party B will designate an employee as the on-site service supervisor, who will be responsible for the on-site supervision and coordination of catering services and daily contact with Party A. ..
Intransitive verb payment
6. 1. 1 After Party B submits the actual dining quantity of Party A last month to Party A for verification on _ _ every month, Party B will issue a legal and valid invoice according to the price in Article 3. 1 before _ _ every month. After receiving the invoice, Party A shall check it in time and transfer it to Party B before 25th of each month. In case of holidays, the above dates will be postponed accordingly.
6. 1.2 Party B shall bear the taxes and fees payable for providing the catering services agreed in this agreement.
Seven. Termination of the agreement
7. 1 If one party has the following 7. 1. 1 situations, the other party may immediately notify the other party in writing to terminate or
Dissolution of this Agreement:
7. 1. 1 One party becomes the subject of dissolution, liquidation and bankruptcy proceedings; Or one party's creditors take over its business, or a considerable part of one party's property or assets are seized, sealed up or confiscated by the government or the court, thus seriously affecting its ability to perform this contract.
7.2 If either party unilaterally terminates this agreement in advance, it shall notify the other party in writing one month in advance, and this agreement will be automatically terminated at the expiration of one month. And neither party is liable for breach of contract.
Eight. responsibility for breach of contract
8. 1 In case of major accidents such as collective food poisoning due to Party B, Party A has the right to terminate this agreement immediately.
8.3 If Party B delivers meals for more than half an hour three times in a month, Party A has the right to deduct 10% of the total amount as liquidated damages at the time of checkout in that month.
8.4 If the quality of Party B's catering is reduced and the variety is monotonous, which leads to complaints about the satisfaction of Party A's personnel, Party B shall immediately rectify it until the relevant person in charge of Party A is satisfied.
Nine. force majeure
9. 1 If either party fails to perform all or part of its obligations under this agreement due to force majeure, it may terminate this agreement, but it shall notify the other party in case of emergency to reduce losses.
X. Arguments and dispute resolution methods
10. 1 For matters not covered in this agreement, Party A and Party B may sign supplementary terms through negotiation ... The supplementary terms of this agreement have the same or higher effect as this agreement.
10.2 Any dispute arising from the performance of this agreement between Party A and Party B shall be settled through negotiation first; If negotiation fails, it shall be submitted to the people's court where Party A is located for litigation.
XI。 Matters not covered in this contract shall be settled by both parties in the spirit of friendly negotiation.
This Agreement is made in duplicate, 65,438+0 for Party A and 65,438+0 for Party B, all of which are equally authentic. This agreement shall come into effect after both parties affix their official seals.
Party A (company seal) and Party B (company seal)
Authorized representative: authorized representative:
Address: Address:
Postal code:
Tel: Tel:
Date: 201May
Date: 2065438+2005.
Model catering distribution contract II
The ordering party (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Distributor (Party B):
Based on the principles of fairness, good faith, mutual benefit and friendship, Party A and Party B hereby conclude this contract on the issue that Party B is responsible for providing (Jixiang Bao Herbal Tea) distribution services to Party A ... Article 1: Time limit and contents of service delivery:
1. From _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. During the contract period, Party B shall provide delivery service to Party A on time according to the variety, quantity, quality and unit price ordered by Party A. ..
3. The goods ordered by Party A from Party B must reach Party B by telephone or in writing three hours or one day in advance.
Article 2: Quality, quantity, time and acceptance of delivery.
1. delivery quality: delivery according to the quality required by party a. ..
2. Quantity: Party B guarantees the accuracy of the weight, and the quantity inspected by Party A shall prevail in principle.
3. Time: Party B shall deliver the ordered goods to Party A at the time required by Party A. ..
4. Acceptance: Party B sends the delivery note in duplicate with the goods every time. After acceptance by Party A, it shall be signed and confirmed by Party A's personnel as the delivery certificate.
5. Party A gives Party B the following conditions as special support: providing a special teapot for herbal tea at one time when entering the venue; Provide exquisite Jixiangbao herbal tea series cards and retail price lists.
Article 3: Commodity unit price: Party B shall provide Party A with RMB () per piece (Note: the above supply prices are all ex-factory prices, excluding tax tickets. ) If it is necessary to adjust the price, it is necessary to inform the other party 10 days in advance, and further modify it after all the previous payments are settled.
Article 4: Method of payment:
1. The payment for goods shall be settled within two working days from the date when Party A places the order (unless Party B fails to pay).
For related delivery documents), the settlement method is cash or bank transfer.
2. Party B shall comply with relevant national and local environmental and health standards and provide relevant certificates (health permit, business license, etc.). ) and prohibit the supply of rotten food.
3. If Party A fails to pay the payment to Party B within the time limit, it will charge% (current payment) as penalty every day, and Party B has the right to terminate the supply to Party A at any time.
Article 5: Either party shall notify the other party to terminate the contract through negotiation 10 days in advance. If the contract is not terminated as required, the breaching party shall bear all liabilities for breach of contract.
Article 6: Entry into force of the contract and others:
1, this contract shall come into effect after being signed by the representatives of both parties. 2. This contract is made in duplicate, with each party holding one copy.
3. The delivery list signed and approved by both parties has legal effect as an annex to the contract.
4. Matters not covered in this contract shall be settled by both parties through consultation. In case of dispute, if both parties fail to negotiate, they may apply for a court ruling.
Party A: (Seal) Legal Representative of Party B (Seal):
Legal Representative: Authorized Agent:
Entrusted agent:
Tel: Tel:
Catering distribution contract mode 3
Buyer (Party A):
Supplier (Party B):
According to the Contract Law of People's Republic of China (PRC), the Food Safety Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B have reached the following agreement on the provision of catering and distribution services by Party B to Party A through equal, voluntary and friendly negotiation:
Article 1 General situation of catering products
1. 1 The quantity, specifications, prices and feeding standards of catering products provided by Party B are detailed in the attached table ... The specific purchasing requirements of catering products in the attached table shall be subject to the written notice of Party A. ..
1.2 The price shown in the attached table is the comprehensive lump-sum unit price of catering products, including (but not limited to) all expenses required by Party B to complete the work under this contract, such as the processing and production of catering products, taxes, profits, packaging fees, service fees, material fees, distribution fees, etc. These prices will not be adjusted due to any factors such as rising raw material prices.
Article 2 Term of Contract
2. 1 The term of validity of this contract is from the date of the 20th to the date of the 20th.
2.2 Within two months before the expiration of the contract, if Party A needs Party B to continue to provide products/services, Party A will issue a notice of renewal, otherwise, the contract will be automatically terminated after the expiration. However, if Party B has unfinished services at the expiration of the contract, the contract period will be postponed to the date when Party B completes the services.
2.3 During the performance of the contract, Party A may exercise the right to terminate the contract at any time according to Party B's monthly cooperation or Party A's satisfaction survey or the actual situation of the project. When Party A notifies to terminate the contract, Party B shall immediately stop relevant work. Party A shall settle the relevant qualified work that Party B has started or/and completed. After Party A sends a notice of termination to Party B, both parties have the right to ask other companies to provide catering and distribution services for Party A before the settlement is completed, and Party B shall actively cooperate.
Article 3 Price Settlement and Payment
3. 1 Party A and Party B shall complete the reconciliation of last month's meal expenses before each month. Quantity/quality of products and services provided by Party B,
After acceptance and signature confirmation by Party A's representative (this acceptance or confirmation is only the recognition of product quantity, variety and specification, and only serves as the basis for Party B to request payment from Party A, and does not exempt Party B from the responsibility of quality assurance for the products and services provided), Party B shall submit a legal invoice with the same amount to Party A within 65,438+00 working days.
3.2 After the invoice is verified by Party A's financial department, Party A will pay Party B the meal fee once a month by bank transfer.
Party A's successful transfer to the bank account designated by Party B in Article 3.3 means that Party A has fulfilled its payment obligations. Both parties agree that the monthly settlement date is the th of each month.
3.3 Party B's bank account information is as follows:
Account name:
Bank of deposit:
Account number:
Article 4 Catering products, distribution services and packaging quality.
4. 1 Quality of catering products
4. 1. 1 The catering products provided by Party B must comply with all laws, regulations and standards related to food safety and food hygiene in the catering industry in China and Shenzhen.
4. 1.2 All raw materials used by Party B shall have regular and legal sources, and fake and inferior products, expired and deteriorated products or unlicensed products shall not be used. Party A designates Party B to use rice as the brand, flour as the brand and edible oil as the brand.
4. 1.3 Party B shall keep the kitchen and operation room of the dining center clean and hygienic (including floors, countertops, facilities and equipment, tap water pools, etc.). ). After the catering, Party B is responsible for transporting tableware, leftovers, leftovers, etc. Stay away from the construction site in time, and clean up the dining area and restaurant. Disinfect and clean every week to ensure that the tea room is clean and tidy. Four evils? And smell.
4. 1.4 Party B shall timely adjust the quality and taste of catering products according to the opinions put forward by Party A's representative.
4.2 Distribution service quality
Party B shall ensure that the catering products provided by it will not be polluted, deteriorated, deteriorated, affected by moisture, damaged or leaked during the distribution process, thus affecting the quality of catering products.
4.3 Packaging Quality
The packaging materials of catering products made by Party B shall be clean, safe, complete and beautiful.
4.4 Party B shall unconditionally accept Party A's inspection on the implementation of the above standards at any time. If Party B fails to meet the standards stipulated in the contract, it will be regarded as a breach of contract. Food hygiene and safety problems, including but not limited to diarrhea, vomiting, poisoning, etc. As a breach of contract, Party A has the right to terminate the contract and Party B shall bear all relevant responsibilities.
4.5 If Party B's catering products need to be appraised due to quality or safety problems, Party B shall negotiate with Party A within 5 days from the date of receiving Party A's appraisal request and entrust the same appraisal institution to conduct appraisal. If it fails, Party A has the right to entrust an appraisal agency to conduct the appraisal unilaterally, and Party B shall unconditionally confirm the appraisal results. The appraisal fee arising from product appraisal shall be borne by the responsible party; If both parties are responsible, the appraisal fee shall be shared by both parties in proportion to their responsibilities.
Article 5 Delivery and Acceptance
5. 1 Party B shall deliver the catering products required by Party A to the place designated by Party A on time, that is.
5.2 Party A is designated as the performance representative, and Party B is designated as the performance representative; According to the trading habits and methods of both parties, any signing behavior made by Party B's performance representative to Party A is regarded as Party B's behavior, and Party B does not need to confirm it separately.
5.3 When Party B delivers the goods to Party A, Party A has the right to inspect the catering products provided by Party B at any time. If there are quality and quantity problems with the products provided by Party B, Party A has the right to demand replenishment, rejection and return until the contract is terminated; Due to Party B's catering production
All losses caused to Party A due to product quality problems shall be compensated by Party B. In case of delayed delivery, Party B shall also be liable for breach of contract.
5.4 Party B's performance representative shall sign for the goods returned due to the quality problems of Party B's catering products in time, and Party B shall replenish the goods unconditionally according to Party A's written notice, otherwise Party A has the right to terminate the contract, deduct the corresponding amount and investigate its liability for breach of contract/compensation. If the products with quality problems are damaged or lost because the performance representative of Party B fails to sign or refuses to sign in time, Party B shall bear corresponding responsibilities.
5.5 Before the performance representative of Party A signs to confirm the receipt of the goods, Party B shall bear all possible responsibilities and risks of catering products.
5.6 After the products delivered by Party B are accepted by the performance representative of Party A, the performance representative of Party A shall sign the delivery note to confirm that Party A has received the goods. However, Party A's acceptance confirmation only serves as the basis for Party B to apply for payment, and does not exempt Party B from the responsibility of guaranteeing the quality defects of the products supplied.
Article 6 Rights and obligations of both parties
6. 1 Party A's rights
6. 1. 1 Check the quality, hygiene, packaging and service quality of Party B's food, the purchase channels and the management of on-site personnel at any time according to the relevant stipulations in this contract, all laws and regulations of China and Shenzhen, and other provisions and standards related to food safety and food hygiene requirements in the catering industry, and ask Party B to rectify the contents that do not meet the hygiene requirements.
6. 1.2 has the right to request Party B to adjust the products/services provided by Party B according to Party A's opinions, including but not limited to the taste of catering products and service methods.
6. 1.3 has the right to decide whether to exercise the right to terminate the contract according to Party B's monthly cooperation or Party A's satisfaction survey or the actual situation of the project. When Party A terminates the contract unilaterally, it will not bear any other expenses except the settlement according to Party B's actual work.
6.2 Obligations of Party A
Pay the payment in time according to the contract.
6.3 Rights of Party B
Settle the meal fee on time according to the contract.
6.4 Obligations of Party B
6.4. 1 Party B shall provide legal qualification certificates, including business license, health permit, tax registration certificate, etc. , and submit the copy (seal) to Party A for filing. On the day of signing the contract, Party B shall provide Party A with the ID cards, technical grades and health certificates of Party B's personnel for review, and submit the copies (seals) to Party A for filing.
6.4.2 Party B must deliver fast food according to the dishes, quantity, time, place and number of copies agreed by both parties.
6.4.3 Party B shall ensure the hygiene and safety of the catering products it provides.
6.4.4 Party B's personnel shall uniformly wear work clothes, sanitary caps, masks and disposable gloves when working.
6.4.5 Party B's on-site service personnel shall abide by Party A's relevant rules and regulations and obey Party A's instructions.
6.4.6 During the service period, Party B shall strengthen the taste evaluation and satisfaction survey of Party A's employees to ensure that the catering products it provides meet the requirements of Party A's employees.
6.4.7 Party B shall follow up the internal operation area of the kitchen of Party A's employees and strictly abide by the management system/usage specification of water, electricity and gas in the kitchen of Party A's employees. When Party B uses the kitchen of Party A's employees, it shall handle all the equipment of Party A (see Annex: Equipment Cleaning of Party A for details).
List) and the equipment provided by Party B (see Annex: List of Equipment Provided by Party B for details). Party B shall use Party A's equipment correctly. During the contract period, Party B shall maintain its own equipment. If the contract is terminated or dissolved, Party B shall withdraw its own equipment.
Article 7 Liability for breach of contract
7. 1 If the authenticity, legality and validity of the relevant information provided by Party B to Party A do not conform to the legal provisions, it is a breach of contract by Party B, and Party B shall pay a penalty of RMB/copy to Party A; Meanwhile, Party A has the right to terminate this contract at any time.
7.2 If Party B fails to complete catering delivery according to this contract (including but not limited to: catering products do not meet the quality requirements of this contract and Party A, but Party A refuses, returns or exchanges goods, etc.). ) or fails to provide a valid invoice, Party B shall pay Party A a penalty equivalent to 2% of the total price of catering products on that day for every half hour of delay; If the delay reaches two hours, Party A has the right to terminate the contract.
In addition, Party B shall pay Party A a liquidated damages equivalent to 20% of the total price of catering products on that day, and additionally compensate Party A for all the losses (including but not limited to: compensation fees or fines, property damage fees, legal fees, execution fees, announcement fees, attorney fees, transportation fees, etc.). ); The same below).
7.3 If quality problems or food safety accidents occur in Party B's products, which causes Party A to bear relevant responsibilities or suffer losses, Party B shall compensate Party A for the losses (including but not limited to: compensation fees or fines, property loss fees, legal fees, execution fees, announcement fees, attorney fees, transportation fees, etc.). ).
7.4 Party B is responsible for the daily maintenance of the equipment provided by Party A for its use. If Party A's equipment is damaged due to improper use by Party B, Party B shall pay RMB to Party A as liquidated damages. If the above liquidated damages are not enough to compensate for the losses caused to Party A, Party B shall also make additional compensation.
7.5 If Party A delays payment without reason, Party A shall pay Party B a penalty of 2. 1 ‰ for each day of delay.
7.6 Except for Party B's breach of contract clearly stipulated in this contract, if Party A unilaterally terminates this contract due to other breach of contract by Party B, Party B shall pay RMB to Party A as liquidated damages. If the above liquidated damages are not enough to compensate for the losses caused to Party A, Party B shall also make additional compensation.
7.7 If Party B's catering products infringe the rights of other third parties (including but not limited to: ownership, intellectual property rights, distribution agency rights, etc.). ), causing Party A to suffer claims or penalties from relevant subjects and take restrictive measures, Party B shall compensate all losses (including but not limited to: compensation fees or fines, property losses, attorney fees, execution fees, announcement fees, transportation fees, etc. For the losses caused to Party A, if Party B is overdue, Party B shall also pay Party A a liquidated damages of three thousandths of the payable amount for each day overdue.
7.8 If Party B fails to settle the above liquidated damages, damages and other expenses with Party A, Party A has the right to directly deduct the corresponding amount from the settlement amount payable to Party B. ..
Article 8 Force Majeure
8. 1 ? Force majeure? Refers to an unforeseeable and inevitable event beyond the reasonable control of both parties to this contract, which prevents, affects or delays any party from fulfilling all or part of its obligations under this contract. Events include but are not limited to earthquakes, typhoons, tsunamis, floods, fires or other natural disasters, wars or any other similar events.
8.2 In the event of a force majeure event, the party suffering from the event shall immediately notify the other party of the nature, date of occurrence, estimated duration and other relevant details of the event as well as the extent to which the event prevents the notifying party from fulfilling its obligations under this contract.
8.3 During the duration of the Force Majeure event, the party suffering from the Force Majeure event shall notify the other party of the status quo of the Force Majeure event on a regular and timely basis, and notify the other party in writing immediately if the Force Majeure event ends.
8.4 The party suffering from the force majeure event may temporarily suspend the performance of its obligations under this Contract until the influence of the force majeure event is eliminated/stopped, and it is not required to bear the liability for breach of contract; However, we should try our best to overcome this incident and reduce its negative impact.
8.5 The party suffering from force majeure shall provide the other party with a certificate issued by the notary office (or other appropriate institution) where the incident occurred.
Legal proof to prove the event of force majeure. If the certificate is not provided, the other party may require it to bear the liability for breach of contract in accordance with the provisions of this contract.
Article 9 Dispute settlement
9. 1 All disputes arising from this contract and its performance shall be settled by both parties through consultation; If negotiation fails, either party shall bring a lawsuit to the people's court where Party A is located. During the settlement of the dispute, the clauses that do not involve the dispute shall continue to be performed.
Article 10 Others
10. 1 Matters not covered in this contract shall be settled by both parties through negotiation, and a written supplementary agreement shall be signed as an annex. The written notice, product price list, product procurement bidding documents (if any), product procurement bid-winning notice (if any), Party A's equipment list, Party B's own equipment list and documents related to the performance of this contract are regarded as annexes to this contract, which are an integral part of this contract and have the same legal effect as this contract. Unless otherwise agreed, if the contents of the annex are inconsistent with this contract, the contents of this contract shall prevail.
10.2 the delivery method of relevant written notices under this contract is: or directly delivered and signed by the performance representatives or authorized representatives of both parties; Or delivered by fax, it shall be deemed as delivered the day after one party sends a fax; Or the party sending the notice shall send it by express mail according to the address provided by the other party when signing this contract. Express mail will be delivered effectively once it is signed (whether it is the legal representative or the person in charge). In any case, the express will be delivered effectively after 4 days. If any party's contact address changes, it shall notify the other party in writing within 10 days after the change; Otherwise, all the responsibilities arising therefrom shall be borne by yourself.
10.3 this contract is made in quadruplicate, with both parties holding two copies, all of which have the same legal effect, and shall come into effect as of the date when the legal representatives or authorized representatives of both parties sign and seal it.
10.4 Both parties confirm that the text of this contract is the printed version of electronic documents confirmed by both parties through consultation, and the terms of this contract are not the standard terms provided by Party A or Party B unilaterally; This contract belongs to both parties.
* * * should be signed on the premise of understanding and accepting the meaning of paragraph.
(There is no text below)
(This page is the contract signing page)
Party A: Limited Company (Seal)
Party B: Limited Company (Seal)
Authorized representative: authorized representative;
Contact address: contact address:
Tel: Tel:
Fax: Fax: