Concise version of entrusted processing agreement: 1, terms of the parties; 2. Matters entrusted for handling and disposal; 3. Rights and obligations of both parties; 4. remuneration; 5. Complete the quality requirements of the entrusted matters; 6. Time limit for completing the entrusted matters; 7. Liability for breach of contract; 8, the way of dispute resolution; 9. Other terms.
Model file of subcontracting agreement 1
Party A:
Party B:
Through friendly negotiation, Party A and Party B reach an agreement that Party A entrusts Party B to process pure cotton knitted garments. In order to clarify the rights and obligations of Party A and Party B in the process of entrusted processing, this agreement is signed by both parties through consultation in accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and administrative regulations.
I. Entrusting processing matters
1. Party A entrusts Party B to design, produce and package garments for Party A's oe50s products by using the existing production line of its factory.
2. According to the requirements of Party A, Party B shall issue a processing notice (including the details of the costs, prices and auxiliary materials borne by Party B in the whole processing process) and submit it to Party A for confirmation. Otherwise, Party B shall not misappropriate, allocate and dispose of all the goods of Party A without authorization;
3. The place of entrusted processing is in the production area of Party B's factory;
Second, the processing quality.
Party B shall process and manufacture the garments in strict accordance with Party A's requirements on technical details such as style and quality;
Third, the calculation of processing costs.
1. The processing fee of each garment shall be calculated according to the actual expenses incurred in the production process of Party B;
2. According to the unit price of garment processing fee, the value of cotton yarn invested by Party A shall be repaid with the same number of garments;
3. According to the unit price of clothing processing fee, the remaining clothing products after returning the input value of Party A will offset the processing fee of Party B;
Four, storage and transfer of processed products
The processed products are temporarily stored in Party B's warehouse, and both parties go through inspection procedures at Party B's site, and the delivery place is Party B's factory;
Verb (abbreviation of verb) intellectual property
1. Party A is responsible for designing the trademark of the products to be delivered to Party A, and Party A enjoys all the rights of the trademark;
2. Party B has the obligation to keep the business secrets of Party A during the processing;
Duration of entrusted processing of intransitive verbs This agreement shall be valid from the date of signing to the date of month, year and month.
Seven. Handling of disputes
1. During the term of the agreement, if Party B fails to perform the agreement due to force majeure, it shall immediately notify the other party of the situation in the fastest way. According to the influence of force majeure factors on the performance of the agreement, both parties negotiate whether to terminate the agreement, or partially exempt the responsibility of performing the agreement, or postpone the performance of the agreement.
2. Matters not covered in this agreement shall be settled by both parties through consultation.
Eight. This agreement is made in duplicate and shall come into force after being signed and sealed by both parties. Party A and Party B each hold one copy, which has the same effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on entrusted processing agreement II
Customer (Party A):
Processor (Party B):
On the basis of equality and voluntariness, Party A and Party B have entered into this Agreement through friendly negotiation.
I. Entrusting processing projects
Entrusted processing products: quantity of processed products: delivery date: delivery within working days after Party B receives the order.
Second, the entrusted processing method
Party B contracts packaging materials, and Party B selects raw materials according to Party A's requirements. Party B shall guarantee the quality of raw materials and bear legal responsibilities.
Three. Quality requirements and technical standards
Party B shall process in strict accordance with the quality requirements put forward by Party A. The technical standards shall be implemented with reference to the national standards or enterprise standards formulated by Party B. ..
Four, packaging requirements and delivery place
1. Party B shall pack according to Party A's requirements. When Party A has no special packaging requirements, Party B shall choose its own packaging method.
2. The place of delivery is the place designated by Party A, which is provided by Party A to Party B. ..
Verb (abbreviation for verb) expense settlement
According to the actual operation and sales of Party A, purchase cash from Party B regularly or irregularly. The purchased products shall be paid in one lump sum at the price agreed by both parties, and Party A shall provide Party B with the purchase invoice of raw materials.
Liability for breach of contract of intransitive verbs
1. Party B must deliver the goods in strict accordance with the time agreed by both parties. In case of overdue delivery, Party B shall pay Party A a penalty of 5% of the payment.
2. When Party B conceals the defects of raw materials or uses unqualified raw materials, which affects the product quality, Party A has the right to ask Party B to redo, reduce the price or compensate for the losses, and bear legal responsibilities.
Seven. Methods of resolving contract disputes
This agreement shall come into force after being signed and sealed by both parties. In case of any objection during the implementation, both parties shall settle it through friendly negotiation. If negotiation fails, the relevant provisions of the Contract Law shall apply.
Eight. Other agreed matters.
1. If there are any matters not covered in this agreement, both parties can negotiate separately and make supplementary amendments on the basis of consensus.
2. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on entrusted processing agreement 3
Party A: Company (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B)
Through friendly negotiation between Party A and Party B, based on the principle of equality and mutual benefit, and on a voluntary basis, the following agreement is reached. Party A and Party B strictly abide by it in the process of cooperation, and form an effective legal basis to clarify the responsibilities, rights and obligations of both parties.
I. Matters of cooperation
1. Party A specially processes "Healthy Power" Deyi Ginseng Health Wine and "Healthy Power" related products for Party B. Party A is responsible for the approval documents, product formula, technology, process standards, legal provisions and all matters related to product manufacturing. Party A shall organize all production matters such as raw material procurement, brewing, brewing, filling, packaging, inspection, storage and transportation in strict accordance with the standards.
2. Every time Party A delivers goods to Party B, it shall provide true, valid and clear copies of business license, production license, hygiene license, tax registration certificate, quality inspection report, health and epidemic prevention laboratory sheet and other relevant documents. At the same time, Party A shall provide Party B with convenient conditions conducive to the development of Party B's market as far as possible, and both parties shall strictly keep all business secrets for the other party and bear all losses caused to the other party.
3. Party B is responsible for the packaging, positioning, design and production of "Healthy Power" Deyi Ginseng Health Wine and "Healthy Power" related products. Party B is solely responsible for the marketing planning, sales and publicity of the products.
4. If Party A's dealer customers are interested in operating "Healthy Power" Deyishen health wine and other "Healthy Power" related products, Party A shall directly negotiate with the customers through Party B, and shall not sell or provide "Healthy Power" Deyishen health wine and related products without permission.
5. If Party B's dealer customers intend to distribute all products produced by Party A except "Health Power" series products, Party B should also negotiate with customers directly through Party A. ..
6. Party A and Party B promise not to discuss the sales of similar products with the dealer customers who have already sold each other's products. Otherwise, it will be regarded as a breach of contract. For each breach of contract, it will compensate the other party for a one-time liquidated damages of 200,000 yuan and compensate the other party for economic losses. The criteria for determining economic losses are: from the date of signing this agreement to the date of breach of contract, the distributor's customers have sold 3 times of the total amount of the other products. And immediately stop the default.
7. Party A and Party B promise not to imitate each other in packaging and decoration, otherwise the imitators shall bear all the economic and non-economic losses caused to the other party and immediately stop the breach of contract.
Second, the product price.
1. The CIF price when Party A bears all costs and expenses is as follows: (In order to ensure the quality and market competitiveness of health power products, the quality standard of packaging materials used for all health power products shall not be lower than that of the same level packaging materials in Jin Jiu).
2. If paper packages such as cartons and labels are made by Party B and the expenses are borne by Party B, the expenses for making cartons and labels shall be deducted from the product price. Take the 1 box× 24 bottles×× 1 25ml bare bottle color box as an example: the carton is calculated as 2.5 yuan/box, the bottle label is1yuan/box, and the 3.5 yuan is * * *. In other words, the carton labels are made by Party B and sent to Party A. When Party A sends the products to Party B's warehouse after the production is completed, Party B only needs to pay Party A 36.5 yuan/carton (40 yuan -3.5 yuan).
3. When two of the three main raw materials, wheat (taking wheat as reference), glass bottles and paper packaging, increase the price and decrease the price by less than 30% at the same time, Party B shall not ask for price reduction, nor shall Party A ask for price reduction. It is the general market that determines the trend of market ups and downs, not the ups and downs of specific regions. Only when both parties raise prices and reduce prices by more than 30% at the same time and maintain them for more than 30 days can both parties ask for price increase or reduction. The specific price increase and decrease standards shall be determined in writing by both parties after full consultation.
4. Otherwise, any party's unilateral forced demand for price increase or price reduction will be regarded as the unilateral breach of contract by the proposing party, and the other party has the right and right to demand the defaulting party to compensate the liquidated damages of 500,000 yuan at one time. At the same time, the breaching party shall additionally compensate the other party for all the economic losses caused by this (from the date of signing this agreement to the date of breach, Party B has sold 6 times of the total amount of "Healthy Power" German ginseng health wine and "Healthy Power" series products) and immediately stop the breach.
Third, payment and settlement.
1. Party B shall submit the production plan (at least 500 boxes at a time) to Party A, and Party A shall deliver the products to Party B within 5 days after Party B submits the production plan.
2. If Party A fails to deliver the goods on time, it shall compensate Party B for breach of contract and all economic losses according to the following standards:
(1) If the delivery is delayed for 5 days, Party B shall be compensated for the liquidated damages. The compensation standard for liquidated damages shall be calculated according to 1%/ day of the total amount of Party B's current order, and the liquidated damages shall be settled within 10 days, and the breach of contract shall be stopped immediately.
② If the delivery time is delayed for more than 10 days (including 10 days), Party B shall be compensated for the liquidated damages, and the compensation standard for liquidated damages shall be calculated at 20%/ day of the total current order amount of Party B, and the liquidated damages shall be settled within 10 days, and the breach of contract shall be stopped immediately.
③ If the delivery time is delayed for more than 15 days (including 15 days), Party B shall be compensated with a one-time penalty of 500,000 yuan, and all economic losses shall be compensated according to the penalty compensation standard. From the date of signing this agreement to the date of breach, Party B has sold 6 times of the total amount of "Health Power" Deyishen health wine, which should be settled within 65,438+00 days.
3. After the acceptance is correct, Party B shall settle the payment to Party A at one time. If Party B fails to settle the payment to Party A in a lump sum in time, it shall compensate Party A for the liquidated damages and related economic losses according to the following standards.
(1) If the payment is delayed within 5 days, Party B shall be compensated for liquidated damages, and the compensation standard for liquidated damages shall be calculated at 2%/ day of the total amount of Party B's current order, which shall be settled within 10 days, and the breach of contract shall be stopped immediately.
(2) If the payment is overdue for more than 10 days (including 10 days), Party B shall be compensated for liquidated damages, and the compensation standard for liquidated damages shall be calculated at 20%/ day of the total current order amount of Party B, which shall be settled within 10 days, and the breach of contract shall be stopped immediately.
③ If the payment is overdue for more than 10 days (including 15 days), Party B shall be compensated with a one-time penalty of 500,000 yuan, and all economic losses shall be compensated as the compensation standard for the penalty. From the date of signing this agreement to the date of breach of contract, Party B's total sales of "Healthy Power" German ginseng health wine and "Healthy Power" series products.
Fourth, product quality.
1. During the product quality guarantee period, all product quality problems and related losses arising therefrom shall be borne by Party A. ..
2. Party A shall solve the product quality problems and all related losses arising therefrom within 15 days from the date when the product quality problems are confirmed and notified to Party A. ..
Verb (abbreviation of verb) product sales
1, "Healthy Power" Deyi Ginseng Health Wine and "Healthy Power" series products are exclusively sold by Party B in People's Republic of China (PRC) and abroad. Without the written consent of Party B, Party A shall not sell or provide "Healthy Power" Deyi Ginseng Wine and "Healthy Power" series products to any unit or individual other than Party B..
2. Without the written consent of Party B, Party A sells or provides "Healthy Power" Deyi Ginseng Health Wine and "Healthy Power" series products to any unit or individual other than Party B. For each violation, Party B shall compensate the liquidated damages of 200,000 yuan in one lump sum, and compensate the economic losses according to three times the amount of the sales or provision of "Healthy Power" Ginseng Health Wine and "Healthy Power" series products. One-time fines and economic losses shall be settled within 65,438+00 days. And immediately terminate the breach of contract and stop selling or providing "Healthy Power" Deyi Ginseng Health Wine and "Healthy Power" series products to any unit or individual other than Party B. ..
Duration of cooperation of intransitive verbs
1. Both parties agree that the cooperation period is _ years. If either party fails to propose the intention to terminate or change this agreement one year before its expiration, this agreement will be automatically extended for five years after its expiration.
2. During the validity period of this agreement, neither party may terminate this agreement for any reason or excuse, otherwise the party that unilaterally terminates this agreement will be a unilateral breach of contract. The breaching party shall compensate the other party for a one-time liquidated damages of 6,543,800 yuan, and at the same time, compensate the other party for all the economic losses caused thereby. The determination standard of economic loss is: from the date of signing this agreement to the date of breach of contract, Party B has sold 6 times of the total amount of "Healthy Power" German ginseng health wine and "Healthy Power" series products (the product price is approved at 2 times of the price provided by Party A to Party B in this agreement).
3. It is used to measure and determine the specific behavior of Party A's unilateral termination of this Agreement:
(1) Party B submitted the production plan of health power series products to Party A in written form, but Party A failed to organize and implement the production according to the requirements of the production plan of health power series products.
② Although Party A organizes production according to the production plan of health power series products proposed by Party B, the delivery time exceeds 30 days (from the date when Party B puts forward the production plan of health power series products in writing to the date when Party B actually receives all the products required by Party B's current production plan of health power series products).
4. It is used to measure and determine the unilateral termination of this Agreement by Party B;
(1) When Party A sends all the qualified products required in the production plan of health power series products to Party A's warehouse according to Party B's suggestion, Party B refuses to pay the payment to Party A after the acceptance is correct.
② After Party B receives all the qualified products, it takes more than 30 days for Party B to pay off the payment for Party A (from the date when Party B actually receives all the qualified products required by the production plan of health power series products to the date when Party B actually pays off all the payment for Party A).
Seven. any other business
1. This agreement constitutes the complete interpretation of the contents of this agreement by both parties and supersedes all previous or current oral or written agreements and understandings. Both parties can only modify the terms of this agreement through a written document signed by their authorized representatives.
2. If there are any major changes, both parties shall notify each other. Changes made by both parties to the company name, registration number, domicile, legal representative, registered capital, enterprise type, business scope, business term, license validity period, business restructuring, manager, brand name, registration number, business premises, manager's name, composition form, business scope and mode, license validity period, business restructuring, manager and other related matters will not affect the continued performance of this Agreement. This agreement
3. In case of any dispute during the performance of this agreement, both parties shall settle it through friendly negotiation. If negotiation fails, both parties agree to arbitrate by Zhengzhou Administration for Industry and Commerce or bring a lawsuit to Zhengzhou People's Court.
4. Party A and Party B shall carry out the financial liquidation involved in this agreement within seven days from the date of termination of this agreement, and pay off all the money within seven days from the date of liquidation.
5. This agreement is made in duplicate, each party holds one copy, which has the same legal effect. The annexes and supplementary agreements to this agreement are an integral part of this agreement and have the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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The above is what Bian Xiao shared today, and I hope it will help everyone.