Commissioning party (hereinafter referred to as Party A): Agreement No.: 12-0319
Processing party (hereinafter referred to as Party B) Mold Company Signing place: Wenzhou
Party A on the design of the mold as well as the manufacture of commissioned by the Party B for processing (mold name, specifications, unit price, etc. see annex). The two sides by *** with the friendly negotiation of the cost agreement.
One, drawings and technical information provided:
1, mold design product information required by Party A to provide samples (Party B is responsible for the design);
2, three-dimensional drawings of the product needs to be confirmed by the Party.
Two, mold materials:
Mold embryo, mold core, standard accessories, etc. See attached.
Three, quality requirements:
1, the quality of all molds in this agreement must ensure that the normal production of 1 million molds. In the case of failure to meet this requirement, such as confirmed to be party B mold production problems, party B must provide free maintenance and commitment to the maintenance period;
2, by party A to provide the relevant samples and related quality requirements, etc., party B according to the requirements of party B to ensure the quality and quantity of the completion of processing on time.
Fourth, the delivery period:
1, the date of entry into force of the agreement or Party B received a good confirmation of Party A's mold drawings (time depends on the latter) from the date of Party B shall deliver the first sample of the mold production in the agreed time (see annex);
2, due to Party A's design changes, mold changes and other non-Party B reasons for the extension of the delivery period, the two sides to confirm separate consultation and sign the agreement on the repair of the mold;
3, the first sample of the mold delivery must be accompanied by self-inspection form, and the key dimensions of 100% of the map, the other dimensions of the map rate of 80% or more, otherwise it will be regarded as a failure to send samples;
4, such as Party B because of force majeure (including war, fire, strikes, earthquakes, or other force majeure as stipulated in the laws of China) caused by the delay in the delivery of the
in the case of the competent authorities to obtain Party A shall allow Party B to be partially or fully exempted from liability after obtaining certification from the relevant competent authorities. Party B shall notify Party A in writing within 48 hours of the occurrence of the force majeure, and Party B is still obliged to take necessary measures to deliver the goods as soon as possible.
Fifth, the delivery method and location:
1, Party B is responsible for the delivery of molds to the location specified by Party A (if not otherwise specified, the place of delivery is the location of Party A's company).
2, the mold in the delivery location, Party A before signing, such as Party B or Party B entrusted personnel or institutions caused by damage to the mold,
The resulting responsibility is borne by Party B.
Sixth, the payment method:
The total amount of this agreement processing twenty thousand four hundred thousand yuan (￥ 24000.00). Since the date of entry into force of the agreement, Party A within one week to pay the first installment, that is, 50% of the total amount of the contract, RMB 12,000 yuan (￥ 12,000.00); mold acceptance and transportation to Party A's factory within 15 days of the total amount of the contract to pay 50% of the total amount of RMB 12,000 yuan (￥ 12,000.00).
Seven, product design changes and mold maintenance:
1, mold in the production or use of the process, the Party put forward design changes, a single set of mold changes in the cumulative cost of three hundred yuan (￥ 300.00)
more than one set of molds, the Party shall pay the full amount of the cost of mold changes;
2, after the acceptance of the mold, due to the mold quality issues arising from the mold repair After the acceptance of the mold, due to mold quality problems caused by the repair of the mold by Party B; due to improper operation in the production of Party A
Operation or use of time beyond the life of the mold and mold repairs, Party A should also pay the corresponding repair costs.
Eight, mold repair cycle:
Mold modification (including Party A's design changes and Party B's processing is not in place caused by the mold repair) cycle, generally calculated in 7 days. In the event of special circumstances
Party B in the receipt of mold repair feedback within one day to put forward the views of the two sides after consultation to confirm the signing of a separate agreement on mold repair.
Agreement on the cycle of mold repair: Starting from the next day after Party B receives Party A's feedback on mold repair, and calculated on the day Party A receives Party B's sample after mold repair.
Nine, acceptance criteria:
Processing and delivery of molds to Party A to provide samples, mold acceptance criteria shall prevail for acceptance. There are special instructions or requirements, according to the written records signed by both parties shall prevail.
Ten, breach of contract:
1, Party B shall quality and quantity on time to complete the contract processing agreement, such as in the case of special reasons can not be completed on time, Party B need to notify Party A in advance and get the Party's consent. Both sides agreed: mold (sampling) cycle to be completed within the time specified in the contract, such as mold completion time more than the agreed time of 7 days, each extension of one day, party B according to the standard of 300 yuan per day per pair of party A compensation for loss.
2, Party B must be processed according to Party A's requirements, if reworked due to Party B's processing quality problems, all costs borne by Party B.
3, Party B in the process of processing molds for Party A in the process of all the information (including product drawings, parts drawings and samples, etc.) of intellectual property rights belong to Party A, Party B shall not be Party A's drawings and processed products to any third party or for other purposes. Otherwise, Party B shall pay liquidated damages to Party A at 10 times of the total amount of processing.
4, Party A shall pay according to the contract. In the case that Party A has not paid the payment for the mold, the ownership of the mold belongs to Party B.
5, Party A is not appropriate to take any way indefinitely without acceptance of the mold. Both sides agreed: the first sample of each payment mold submitted to Party A, Party A should be given within 7 working days to sign acceptance confirmation, and notify Party B in writing. After Party B's mold manufacturing is completed and the sample is submitted without any problem, Party A shall complete the acceptance within 30 working days, if it fails to accept within this time, the acceptance of the mold will be regarded as passed. For the molds that are not easy to accept, the two sides will negotiate to solve the problem.
6, in the mold making process, such as Party A request to terminate the contract, in principle, Party A shall pay the material costs and Party B external processing costs (such as: heat treatment costs, etc.); Party B has been finishing (fine gong, wire cutting, EDM, etc.), according to the actual situation of the two sides to negotiate pricing to solve.
Eleven, the way to resolve disputes over the agreement:
Objection due to the fulfillment of this agreement, the two parties shall negotiate to resolve. Consultation fails, you can file a lawsuit to the People's Court of Party A's location.
Twelve, the effective date of the agreement: this agreement by the two sides signed and sealed to take effect.
Thirteen, other agreed matters:
1, the contract currency are in RMB, the payment method is wire transfer.
2, this agreement in quadruplicate, each side of the two copies, with the same legal effect.
3. After this agreement comes into effect, its copy and fax have the same legal effect as the original.
4, the two sides to resolve any outstanding issues.
Party A: Party B:
Attorney-in-fact: Attorney-in-fact:
Date of Signature.