Commissioned Production Contract (1)
Party A:
Party B:
Article 1: General Provisions
1. Based on the principles of friendly cooperation, equality and mutual benefit, both parties have entered into this Agreement after friendly consultations.
2. Based on this Agreement, Party A entrusts Party B to produce the products stipulated in the agreement. Party B accepts this entrustment and guarantees to provide Party A with qualified products.
Article 2: Scope of application of this agreement
1. This agreement applies to all specific entrusted processing orders concluded by both parties in accordance with this agreement and confirmed in writing ( See Article 3).
2. If there is any ambiguity or incompleteness in all written and signed commissioned processing orders, the relevant terms of this agreement will be implemented.
3. Any additions or modifications to this agreement must be confirmed in writing by both parties before being included in this agreement, and are equally binding as this agreement
Article 3: Entrusted processing order
1. Before each production, Party A needs to open a specific entrusted processing order. The general terms are stipulated in this agreement. The supplementary terms are stated in the order. After confirmation, signature and seal by both parties, Take effect.
2. The main content of the entrusted processing order is the name, quantity, price (including 17% value-added tax) of the goods to be processed, delivery date, delivery location, information on issuance of value-added tax invoice and specific details. requirements, etc., which shall have the same legal effect as this Agreement after being confirmed, signed and sealed by both parties.
3. The entrusted processing order is attached to this agreement, complies with the general provisions of this agreement, and is an indispensable attachment to this agreement.
4. Confirmation of the processing price of the order goods: Party B will submit a quotation based on the processing cost and profit, which will be signed and confirmed by Party A.
5. Party A is responsible for providing test fixtures and test equipment that Party B does not have. If the test fixture needs to be produced by Party B, Party B will charge a production fee (the specific price will be quoted separately by Party B).
6. Party A and Party B shall negotiate and confirm the product processing price based on each new product of different models.
Article 4: Project Agreement
1. The products Party A entrusts Party B to process and produce are GPS vehicle mounts and other series of products. Party B guarantees to deliver according to the requirements of the entrusted processing order determined by Party A and Party B. goods.
2. Party A is responsible for formulating the BOM documents of the products produced, product production process requirements, packaging and other product processing information, defining the finished product testing procedures, providing test normative documents, and Party B's engineering personnel will provide necessary technical support.
3. Party A is responsible for providing the quality inspection standards and acceptance methods of the entrusted processed finished products, which will be the only acceptance standards for the products after Party B confirms them.
4. Party B guarantees not to disclose or reveal the relationship between Party A’s products and Party B to any third party, to protect the independence of Party A’s products, and not to disclose or transfer any product-related information to a third party. Do not authorize third parties to process on your behalf.
5. When Party B processes and produces products entrusted by Party A, its product technology ownership, intellectual property rights, technical information, business information, financial information and other ownership rights belong to Party A. Party B has the obligation to keep confidential and will not Party A agrees in writing that Party B shall not plagiarize, modify or reproduce, shall not retain technical data or copies, shall not process and sell to third parties by itself, nor shall Party B use Party A's product technology to conduct research and development of similar products on its own. It may not be used in subsequent work or made known to third parties in any way.
6. Party A is responsible for providing printing stencils and molds. If Party B needs to make them for them, they are the property of Party A and the cost will be borne by Party A. Party A pays the processing fee for the first time and also pays the steel mesh and mold fees. When Party B makes steel mesh and molds on behalf of Party A, it shall submit a "Steel Mesh Mold Production Application Form" to Party A, stating the reason, quantity, and price. It can only be produced after Party A's confirmation.
7. Due to the complexity of product testing procedures, if Party B does not have the conditions to provide testing, Party A may negotiate to provide equipment and venues. Party B only needs to arrange for employees to go to the venue provided by Party A for testing.
Article 5: Product Quality Standards and Responsibilities
1. The processed finished products delivered by Party B shall be inspected and accepted by Party A according to the quality inspection standards confirmed by both parties. Product performance and quality Should comply with quality inspection standards. If the goods cannot meet the inspection standards, Party A has the right to require Party B to return or exchange the goods.
2. The material loss rate of the finished products delivered by Party B is: resistors, capacitors, diodes, transistors and other standard size 0402 components on average 0.8%, and standard size 0603 and 0805 components on average 0.5%. The average loss rate of IC and precious components with standard sizes of 0805 and above is 0.15%, the average loss rate of FPC and connectors is 0.3%, and the BGA is 0.05%.
3. ① Party B promises that the shelf life of the processed products will be 12 months
② If the product is defective due to Party B’s manufacturing reasons and is within the warranty period, Party B will be responsible for free repairs.
③If the defective product is caused by the materials provided by Party A, or due to the design of Party A, or the information provided is incorrect, Party A will pay the repair costs.
④Defective incoming materials can be exchanged one-to-one.
IV. If the product involves patents, copyrights, trademark rights and other intellectual property rights, Party A shall grant Party B a license for such intellectual property rights. Party A will be responsible for any economic disputes caused by intellectual property issues.
5. If product quality problems are caused by workmanship during the production process, Party B will compensate according to the total cost of the product or repair it free of charge; if it is a problem with incoming materials that causes abnormal quality, Party B is not responsible. Processing, but corresponding evidence should be provided. If processing is required, a certain maintenance fee should be charged.
Article 6: Ordering and Supply
1. Delivery time:
New product trial production: the 4th day after receiving technical information and materials Start delivery in batches
Normal mass production products: Start delivery in batches on the second day after receiving qualified materials
2. Order closing period: Party B must clear the remaining products in a timely manner. In the event that Party A promptly replaces the over-damaged materials, Party B shall clean up the remaining products within one week.
3. Party A will determine the quantity and processing fee of the entrusted processing in the form of entrustment order, and Party B will also determine the processing and completion time.
4. Order price: The price specified in the "Product Quotation" confirmed by negotiation between both parties shall prevail.
5. The order form signed by Party A and Party B cannot be canceled. If changes are needed, both parties must reach consensus. Party B must supply Party A according to the specified time, quantity and quality requirements.
6. Party B will inspect the appearance, screen printing, size, and deformation of the raw materials provided by Party A. No electrical inspection will be performed. If the raw materials do not meet the requirements or the quantity is insufficient, Party B shall notify Party A immediately without raising any objection. It shall be deemed that Party A has provided raw materials that meet the requirements, except for electrical defects.
7. Party B shall properly keep the raw materials, equipment, packaging and other items provided by Party A. If any damage or loss is caused, Party B shall pay for the losses.
Article 7: Packaging, transportation and delivery requirements
1. Due to the particularity of Party A’s products, special packaging materials are provided by Party A, and general turnover packaging materials are provided by Party B. supply. The packaging form of Party B’s final product must comply with Party A’s requirements.
2. The raw materials provided by Party A will be delivered by Party B to Party B’s location, and the finished products or products to be inspected will be delivered to Party A’s company by Party B.
3. Party B is required to apply for product transportation insurance for free delivery of raw materials and finished products, otherwise it shall compensate for all losses caused thereby.
Article 8: Payment method
1. The transaction price of Party A and Party B shall be determined by the "Product Quotation", "Entrusted Processing Order", "Steel The online mold production application form shall prevail.
2. Payment method: 30 days per month.
3. Party B provides a 17% value-added tax invoice. After Party B's products pass Party A's acceptance, an invoice will be issued to Party A in a timely manner.
Article 9: Liability for breach of contract
1. Party A and Party B must abide by the above terms. Anyone who breaches the contract will be punished in accordance with the terms of this agreement or the purchase order. Anything left unfulfilled will be penalized. The two parties will agree on penalties separately.
2. Penalty principle for breach of contract: The defaulter shall unconditionally compensate the other party for the direct and related losses caused by the breach of contract.
Article 10: Terms of Force Majeure
1. Neither party will be held liable for breach of contract caused by force majeure factors: natural disasters, wars, national policies, and other force majeure factors. , all parties shall be responsible for the corresponding losses.
Article 11: Arbitration Principles
1. During the execution of the agreement, including the purchase order and other relevant attachments, if a dispute arises, the two parties shall negotiate to resolve it separately. If the negotiation fails, the complaining party may file a lawsuit. The case shall be settled by arbitration by the local arbitration committee.
2. The arbitration principles shall be based on this agreement and its attachments and shall be performed in accordance with the contract.
Article 12: Validity period of the agreement
1. This agreement will take effect from the date of signature by both parties. This agreement will be valid for one year. If any party is judged during this period
2: Food entrusted processing contract
This agreement was signed by the following two parties on ____ month ____ year:
Client: ____ Co., Ltd.
Address: __ (Zip code: ______)
Telephone: (__)______
Fax: (__)______
Bank: ____________
Bank account number: ______
Value-added tax number: ______
(hereinafter referred to as "the client")
Processor: ____ Limited Company
Address: ____ (Zip code: ____)
Telephone: (__)____
Fax: (__)____
Bank ：____________
Bank account number: ____________
Entrusted production contract (2)
Ordering party (Party A): ____________________
Producer (Party B): _______ Technology Co., Ltd.
1. Product name, specification, unit, quantity, unit price, amount, delivery date Delivery date: Other instructions within the day after the contract is signed:
_______________________________
3. Acceptance standards and methods: The inspection standard is based on the sample process.
IV. Packaging requirements and cost burden
_______________________________
V. Delivery method and location: Party B is responsible for delivering to Party A’s installation location (within Beijing) .
VI. Settlement method and period
_______________________________
VII. Liability for breach of contract: Both parties shall strictly abide by the provisions of this contract, and if any problems arise, they shall bear the responsibility according to the party responsible for the problem. .
8. Methods to resolve contract disputes: Litigation in the People’s Court of the place where the defendant is domiciled.
9. Other matters: shall be resolved through negotiation between both parties.
10. Account name: _______ Technology Co., Ltd.
Account number: _______________________
Account opening bank: __________________
Custom-made party
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Producer
Unit name:
Unit name:_______ Technology Co., Ltd.
Legal representative:
Legal person Representative:
Authorized agent:
Authorized agent:
Telephone:
Telephone:
Signing the order Date: _________year_______month_______day
Commissioned production contract (3)
Contract registration number: ________
Client (Party A) ): _________
Accepting party (Party B): _________
Party A now entrusts Party B to act as the agent for Party A’s _________ (product name) "China Compulsory Product Certification" (referred to as "China Compulsory Product Certification") 3c certification"). After friendly negotiation, both parties reached the following agreement and voluntarily strictly abide by the terms of this agreement.
1. Party A must provide Party B with the basic materials required for agency in a timely manner as required by Party B, and ensure that the materials are authentic, legal and effective. Party A shall be responsible for any adverse consequences arising from the untrue, legal or invalid materials provided by Party A. Party A needs to submit the following basic materials when applying for certification:
1. Product working principle diagram, electrical circuit diagram, general assembly diagram and other structural diagrams;
2. Key components and (or) List of main raw materials;
3. Description of differences between various models of products in the same application unit;
4. Other required documents.
2. Party B is obliged to provide guidance for the establishment and operation of Party A’s system, draft relevant application materials, handle relevant procedures on behalf of Party A, and ensure adequate preparation and feasible system.
3. Party B has the obligation to keep Party A’s technical and commercial secrets, and shall not use the information provided by Party A to engage in commercial or activities detrimental to Party A’s interests through consultation.
IV. Party B charges consultation from Party A, and the agency fee is _________ yuan (in capital letters). Certification application acceptance fees, type test fees, and factory inspection fees shall be paid directly to the certification and testing agency by Party A according to the national unified pricing, and Party B shall be responsible for guidance. The food, accommodation and transportation expenses of Party B's consultants shall be borne by Party A according to the actual amount incurred.
5. The name and specific model or specification of the product to be applied for certification: _________
6. After signing the agreement, Party A will pay Party B 50% of the total consultation and agency fees. %, that is, _________ yuan, shall be used as Party B’s agency startup fee, and the balance shall be paid within three days after passing the on-site review.
7. Party B will complete the consultation and entrust matters on _________month___________, and ensure that Party A obtains the Chinese National Compulsory Product Certification Certificate. If the sample inspection items submitted by Party A are unqualified, the time for rectification and reexamination is not included in the calculation, or there is still a delay even if Party B performs the seriousness and diligence required for the profession in the normal sense (must be approved by Party A), and If there are force majeure factors, it may be postponed appropriately.
8. If Party B suspends the operation without any reason, all service fees charged by Party A shall be refunded; if this agreement cannot be performed due to Party A's reasons, the fees paid by Party A shall not be refunded.
9. This agreement will come into effect upon being signed by both parties. This agreement will automatically become invalid upon approval.
10. Handling of Disputes
1. This contract shall be governed by and interpreted in accordance with the laws of the People's Republic of China.
2. Any disputes arising during the performance of this contract shall be resolved through negotiation between the parties, or may be mediated by the relevant departments; if negotiation or mediation fails, the dispute shall be resolved in accordance with the following _________ method:
(1) Submit to _________ Arbitration Commission for arbitration;
(2) File a lawsuit in the People’s Court in accordance with the law.
11. This agreement is made in duplicate, with Party A and Party B each holding one copy.
Party A (seal): _____________ Party B (seal): _________
Representative (signature): _____________ Representative (signature): _________
Signing date: _________year___month___day
Signing location: ______ province______ city (county)