Model cooperation contract between both parties 1
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
Party A and Party B shall, in accordance with the Contract Law and relevant regulations, explore the market for * * * and provide after-sales service for _ _ _ _ _ _ _ _ _ brand products on the principle of equality, mutual benefit, sincere cooperation and common development. Party B shall undertake after-sales service while distributing Party A's products. Through consultation, both parties reached the following agreement on the after-sales service of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Responsibilities and Rights of Party A
1. Party B is responsible for providing Party B with product maintenance accessories and related technical materials (travel expenses during the training period shall be borne by Party B, and accommodation shall be provided by Party A).
2. Formulate and provide Party B with the maintenance cost standard. ..
3. Check the service quality of Party B irregularly. If Party B's service quality cannot meet Party A's requirements, Party A may ask Party B to replace the after-sales service personnel or refuse to pay the maintenance fee.
4. Party A shall provide technical assistance to Party B to repair the products that Party B cannot repair.
Two. Responsibilities and obligations of Party B
1. A _ _ _ _ _ _ product after-sales service organization must be established, equipped with qualified maintenance personnel, equipment and service places.
2. Identify the person in charge of maintenance and full-time maintenance personnel, and provide Party A with the after-sales service address and telephone number. If there is any change, Party A shall be notified ten days in advance.
3. Party B must provide maintenance services for _ _ _ _ _ _ _ _ _ brand products in the distribution area, and shall not refuse to provide maintenance services for _ _ _ _ _ _ _ _ _ brand products not sold by Party B in the distribution area. In case of special circumstances, Party A shall be contacted and negotiated in time.
4. Accept the guidance and supervision of Party A, timely record the maintenance information in detail according to the format of monthly after-sales maintenance report provided by Party A, and fax it to Party A within three days of the following month.
Third, the settlement of maintenance costs.
1. Party A takes% of Party B's quarterly payment as Party B's quarterly special maintenance fee, which shall be settled once a month, accumulated monthly and settled quarterly. At the time of quarterly settlement, if the actual quarterly maintenance cost of Party B exceeds _ _% of the quarterly payment, Party B shall pay the excess to Party A in the current quarter. On the other hand, it will be moved to the next quarter, and the year-end balance can be moved to the next year, which is not used as a payment deduction.
2. This fee is dedicated to the collection of materials required for Party B's maintenance and other maintenance expenses.
3. Party A shall specify the charging standards for all maintenance materials. When Party B receives the maintenance parts, it can directly supply them within _ _% of its quarterly payment, and Party A will charge Party B the corresponding excess fee according to the charging standard of maintenance materials.
4. If the business contract between Party A and Party B is terminated, Party B's after-sales service obligation (within one year from the date of product sales) still exists. Party B may transfer the obligation of after-sales service to Party A, and both parties shall settle the corresponding maintenance expenses.
Fourth, the application and return of maintenance parts
1. In order to avoid untimely supply of spare parts and ensure timely maintenance, Party B shall plan to collect spare parts and establish a list of commonly used spare parts.
2. Party B can fill in the spare parts preparation form every month and apply for spare parts from Party A, and Party A will send them to Party B accordingly. Party B will bear the transportation difference caused by emergency spare parts (such as EMS, express train and air freight).
3. The spare parts collected by Party B shall be charged according to the maintenance charging standard set by Party A, and Party A shall check with Party B after making monthly statistics.
Verb (abbreviation of verb) rules and procedures for returning goods
1. Party A provides Party B with one-year warranty service (calculated from the date when the products are sold to customers), and does not provide return service. What Party B adds to consumers shall be cashed by Party B itself.
2. Party B shall timely check and accept the products within seven days after receiving the goods. If the product is found to be damaged (excluding packaging damage, wet products, etc.). ) or there are quality problems during transportation, which are all bad unpacking. Party B shall first repair the products with poor unpacking (the maintenance expenses shall be borne by Party A). If the product cannot be repaired, Party A can apply for a return, and the freight shall be borne by Party A. ..
3. Within fifteen days after Party B sells Party A's products to customers (the date of sale is subject to the product receipt and sales invoice), the products have quality problems, which belong to inferior quality. For the products with poor quality, Party B shall repair them first (the maintenance expenses shall be borne by Party A). If it cannot be repaired, Party A can also apply for a return, and the freight shall be borne by Party A..
4. Except for the above-mentioned cases of poor unpacking or poor quality, the return freight and product renovation cost of all returned or repaired goods shall be borne by Party B during the warranty period, which shall be deducted from Party B's special maintenance cost ... The freight returned to Party B after product maintenance shall be borne by Party A. ..
5. All round-trip freight and product renovation parts expenses for returned or repaired goods outside the warranty period shall be borne by Party B and deducted from Party B's special maintenance expenses.
6. When Party B needs to repair or return goods under special circumstances, it should first submit a written application to Party A with a detailed list, and then it can be carried out with Party A's consent ... Party A can refuse to accept the return goods (including repairs) without Party A's permission, and the losses caused thereby shall be borne by Party B. ..
7. All goods returned by Party B to Party A shall be packed completely and kept clean; Party A may refuse to accept the goods with messy and incomplete accessories. If Party B fails to provide the return form or the return form is unknown, the amount of return shall be subject to the amount actually paid by Party A. ..
The validity of this contract with intransitive verbs.
Starting from _ _ _ _ _ _ _ _
Seven. Method of dispute settlement
If there is any dispute within the validity period of the contract, both parties can solve it through consultation and supplement the agreement; If negotiation fails, a lawsuit may be brought to the Xiamen Municipal People's Court.
Eight. This agreement is made in duplicate, one for each party, and shall come into force after being signed and sealed by both parties.
Company of Party A (seal): Company of Party B (seal): _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model cooperation contract between the two parties II
1. Name, main business place and location of the partnership:
Enterprise name:
Business place and location:
Operation cycle:
Second, the business scope of the partnership:
Three. Name and domicile of the partner
Name, domicile and ID number of the partner
Four. The mode, amount and period of contribution of the partners in the partnership enterprise:
Unit: 10,000 yuan
Name of Investor% Proportion of Contribution in Other Currency and Proportion of Contribution in kind Date of Payment
Five, after-tax profit and loss sharing method
After-tax profits of enterprises are distributed in the following order:
1, make up for the loss;
2. Withdraw provident fund10%;
3. Withdraw 5% of the public welfare fund;
4. Pay dividends.
Profit or loss shall be distributed according to the proportion of capital contribution.
Implementation of partnership affairs with intransitive verbs.
The execution of partnership affairs shall be decided by all partners to entrust _ _ _ _ _ _ _ _ _ _ _ _ _
The following matters must be unanimously agreed by all partners:
1. Dispose of the real estate of the partnership;
2. Change the name of the partnership;
3. Transfer or dispose of the intellectual property rights and other property rights of the partnership;
4. Apply to the enterprise registration authority for registration of change;
5. Providing guarantee for others in the name of partnership;
6. Hire a person other than a partner as the manager of the partnership;
7. Handling disputes related to transaction execution, revocation of the entrustment of the transaction executor, change of profit distribution and loss sharing methods, and increase or decrease of investment by partners;
8. The partnership goes out of business.
Seven, join or quit.
1, admitted
(1) When a new partner joins the partnership, all partners must agree and conclude a written agreement according to law;
(2) When concluding a written agreement, the original partner shall inform the new partner of the operating status and financial status of the original partnership;
(3) The new partner enjoys the same rights and assumes the same responsibilities as the original partner;
Step 2 quit the partnership
In any of the following circumstances, the partners may withdraw from the partnership;
(1) Withdraw from the partnership with the consent of all partners;
(two) it is difficult for partners to continue to participate in the partnership;
(3) Other partners seriously violate the obligations stipulated in the partnership agreement.
One of the following circumstances, of course, quit;
(1) The partner dies or is declared dead according to law;
(2) Being declared as having no capacity for civil conduct according to law;
(three) the individual loses the ability to pay off debts;
(4) All the property shares in the partnership are enforced by the people's court;
3. Under any of the following circumstances, with the unanimous consent of other partners, it may be decided to remove the name:
(1) fails to fulfill the obligation of capital contribution;
(2) Causing heavy losses to the partnership enterprise due to intentional or gross negligence.
(3) There is misconduct in the execution of partnership affairs;
(4) Other matters stipulated in the partnership agreement.
The quitter shall be jointly and severally liable with other partners for the partnership debts incurred before his withdrawal.
When a partner withdraws from the partnership, if the property of the partnership is less than the debts of the partnership, the withdrawing partner shall share the losses in accordance with Article 5 of this Agreement.
Eight. Dissolution and liquidation of partnership enterprises
The enterprise is dissolved under the following circumstances:
1. The operating period expires.
2. All partners decide to dissolve;
3. Partners have no quorum;
4. The purpose of the partnership has been achieved or cannot be achieved;
5. Other reasons for dissolution agreed in this Agreement;
6. Other reasons stipulated by national laws and regulations.
Liquidation shall be conducted after the dissolution of the enterprise. The liquidator shall be borne by all the partners, or a third party may act as the liquidator with the consent of more than half of all the partners. After the liquidation, prepare the liquidation report, submit it to the enterprise registration authority within 15 days after being signed by all partners, handle the cancellation procedures of the partnership, and return the business license to the registration authority.
After paying the liquidation expenses, the enterprise property shall be paid off in the following order:
1, wages and labor insurance expenses owed to employees;
2. Tax arrears;
3. Corporate debt;
4. Return the capital contribution of the partners;
5, according to the agreed proportion of distribution.
Nine. responsibility for breach of contract
If the partner violates this agreement and causes losses to the enterprise, the breaching party shall compensate, and the specific amount of compensation shall be decided by the partners through consultation.
X. A valid agreement signed by all partners through consultation is a supplementary clause of this agreement.
Matters not covered in this agreement shall be implemented in accordance with the Partnership Law of People's Republic of China (PRC) and relevant regulations.
Signature of all partners:
Date of signing:
Model cooperation contract between the two parties 3
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to successfully complete the task of _ _ _ _ _ _ _ _ _ _ _ _
I. Rights and obligations of both parties (modified according to facts)
1. Rights and obligations of Party A
1) provides _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2) Party B has _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3) Assist Party B in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
4) Party B shall be provided with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
5) During the agreement period, Party A shall not cooperate with _ _ _ _ _ _ _ _.
2. Rights and obligations of Party B
1) Carry out project publicity in the name of Party A, and be responsible for market planning, publicity, expansion and training;
2) bear all expenses during the operation of the cooperative project;
3) During the contract period, Party B shall not cooperate with relevant external training institutions alone;
4) The invoices provided by Party A to Party B must be managed by the personnel designated by Party A, and at the same time bear the corresponding registration consultation and fees.
Second, the distribution of benefits and payment methods.
Party A collects consulting fees on behalf of both parties. After the consulting fee reaches Party A's account, Party B will issue a receipt of _ _ _ _ _ _% (including various taxes and fees) of the income of the cooperation project to Party A.. Party A shall provide invoices to the consultant.
3. This agreement shall come into force as of the date of signing.
Four. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Verb (abbreviation of verb) Matters not covered in this agreement shall be settled by both parties through consultation on the principle of friendly cooperation.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _.
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model cooperation contract between the two parties 4
Party A:
Party B:
In order to promote the development of Internet industry in China, promote the development of cooperative enterprises, and better serve the vast number of Internet users in the financial field, Party A and Party B reached an agreement on the cooperation intention through friendly consultation on the principles of equality and mutual benefit, common development and complementary advantages, and became partners. Party A shall provide Party B with professional information of talents in the financial industry free of charge in the form stipulated in the agreement, and Party B shall improve the channel construction to fully protect Party B's rights and interests ... The following agreement is reached on the specific matters of unilateral cooperation and the rights and obligations of all parties unilaterally:
Article 1: Party A's responsibilities
1. Provide Party B with relevant information on talents' careers in the financial industry, actively develop talents' careers information required by users in the financial industry, and provide it to Party B's website in time, including but not limited to the following contents:
Past events unrelated to talents, human resources, employment and training;
Articles unrelated to career choice, career development, interpersonal relationship, career evaluation, etc.
Articles that have nothing to do with industry comparison, enterprise civilization, enterprise employment concept, interviews with personnel managers, etc.
Articles unrelated to the development of going abroad; Articles unrelated to the training plan and training instructions;
Irrelevant talents, professional disputes of netizens, original articles;
The copyright of the above articles belongs to Party A, and Party B can only use them within the scope stipulated in this agreement.
2. Provide the above articles to Party B in the form specified in the annex to this agreement, and actively develop professional information of talents welcomed by financial users according to the feedback from financial users and Party B;
3. Set the file configuration table of Party B's channel on its website, including but not limited to the following contents: Party B's channel LOGO or text and URL link; The network path of the homepage of Party B's website; The above content is provided by Party B according to the provisions of the annex to this agreement, and Party B has the copyright and the right to modify the above content, and Party A shall provide Party B with the governance authority to modify the above content online;
4. Party A withdraws from the text link of "Partner" on the homepage.
5. Provide 468×60 pixel image files for Party A's banner advertisement. The specific release matters shall be agreed by one party and implemented in accordance with the provisions of the annex to the agreement.
6. All the above graphic logos are designed by Party B, and the copyright belongs to Party B. ..
7. Mark the copyright statement at the bottom of all pages provided by Party A, and the copyright belongs to Party A and Party B. ..
Article 2: Party B's responsibilities
1. Create an independent directory for Party A on the ""channel of Party B's website to store all articles and information provided by Party A;
2. Mark the copyright statement at the bottom of all pages provided by Party A, and the copyright belongs to both parties.
Article 3: Trade secrets
1. Party A and Party B reply unilaterally, and keep strictly confidential the business secrets that have nothing to do with the other party, and shall not disclose them to others without the prior written consent of the other party.
2. Without the prior consent of the other party, the trademark, logo, business information, technology and other materials of the other party shall not be used or copied, unless it is necessary for the work specified in this agreement.
Article 4: Declarations
1. Party A and Party B have reached a strategic partnership.
2. Party A and Party B share each other's information resources, and each party guarantees the authenticity, accuracy and timeliness of the information sources on its website.
3. Party A and Party B cooperate closely in the promotion and publicity of websites or channels.
4. Party A and Party B shall be fully responsible for their respective operations and services, and enjoy the benefits and copyrights.
5. If the website layout is updated or changed. The original link position no longer exists, and the new link placement position must be adjusted unilaterally to ensure the same effect as the original one.
6. After the expiration of this agreement, one party shall give priority to renew the cooperation agreement with the other party.
7. Unilateral cooperation is mutually beneficial, and all contents and services are provided free of charge.
Article 5: Execution Period of the Agreement This agreement is valid for years, and the execution period of the cooperation plan agreed in this agreement is from year to year.
Article 6: Termination of the Agreement. This agreement is terminated for any of the following reasons
1. This agreement expires.
2. Agree to terminate this contract through unilateral negotiation. If either party wants to terminate this contract, it needs to notify the other party one month in advance.
Article 7: Settlement of disputes
Within the terms of this agreement, if there is any dispute between Party A and Party B, it shall be settled through negotiation as far as possible. If no agreement can be reached through negotiation, it shall be submitted to Beijing Arbitration Commission for arbitration.
Article 8: Force Majeure
If one party is unable to perform its obligations under this agreement due to natural disasters such as earthquake, fire, peace, strike, power outage and government actions. If one party notifies the other party in writing, this agreement will be terminated.
Article 9: This Agreement is made in duplicate, one for each party, and shall come into force after being signed and sealed by one party. This agreement and its related annexes have the same legal effect.
Party A: Party B:
Representative signature: Representative signature:
Date: Year Month Day Date: Year Month Day
Seal: seal:
Model cooperation contract between the two parties 5
Partner: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Other partners should fill in the above items in the order)
Article 1 Purpose of partnership
Article 2 Project and scope of partnership operation
Article 3 Term of Partnership The term of partnership is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 4 The amount, mode and duration of capital contribution
1。 Partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. (Other partners are listed in the same order as above)
2。 The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _ _.
3。 The contribution of this partnership is RMB _ _ _ _ _ _ _. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be refunded at that time.
Article 5 surplus distribution and debt commitment
1。 The distribution of surplus should be based on _ _ _ _ _ _, and distributed in proportion.
2。 Debt commitment: the partnership debt is paid in priority by the partnership property. If the partnership property is insufficient to pay off, it shall be borne in the proportion of _ _ _ _ _ _ _ _ _.
Article 6 Access, Withdrawal and Transfer of Capital Contribution
1。 Occupation: ① This contract needs approval; (2) With the consent of all partners; (3) to implement the rights and obligations stipulated in the contract.
2。 Quit the partnership: ① You can quit the partnership only if there are justified reasons; (2) Do not quit when the partnership is unfavorable; (three) to quit the partnership, it is necessary to notify the other partners _ _ _ _ months in advance and get the consent of all partners; (4) After withdrawing from the partnership, the settlement shall be made according to the property status at the time of withdrawing from the partnership, and the settlement shall be made in currency no matter how the contribution is made; (5) If the withdrawal of the partnership without the consent of the contractor causes losses to the partnership, it shall be compensated.
3。 Transfer of capital contribution: allow partners to transfer their own capital contribution. At the time of transfer, the partners have the priority to be assigned. If a third party other than the partner is transferred, the third party will be regarded as joining, otherwise the transferor will be regarded as quitting.
Article 7 Rights of the person in charge of the partnership and other partners
1。 _ _ _ _ _ _ _ _ is the head of the partnership. Its functions and powers are: ① to handle foreign business and sign contracts; (2) the daily management of the partnership enterprise; (3) Selling partnership products (commodities) and purchasing commonly used commodities; (4) Paying off the partnership debts; ⑤____________。
2。 Rights of other partners: ① Participate in the management of the partnership; (two) to listen to the report on the business development of the person in charge of the partnership; Check the account books and operating conditions of the partnership; (4) * * * to decide on major issues of the partnership.
Article 8 prohibited acts
1。 Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
2。 Partners are prohibited from engaging in business that competes with the partnership.
3。 Partners are prohibited from joining other partnerships.
4。 Partners are prohibited from signing contracts with the partnership.
5。 If a partner violates the above provisions, he shall make compensation according to the actual losses of the partnership. Discourage those who refuse to listen can be decided by all partners to be removed from the list.
Article 9 Termination of partnership enterprise and matters after termination
1。 The partnership is terminated for one of the following reasons: ① the partnership term expires; ② All partners agree to terminate the partnership; (3) The partnership enterprise has been established or cannot be established; (4) The partnership enterprise is revoked in violation of laws. The court decided to dissolve according to the request of the parties.
2。 Matters after the termination of the partnership: ① Nominate liquidators immediately and invite _ _ _ _ _ _ _ _ _ intermediaries (or notaries) to participate in liquidation; (2) If there is surplus after liquidation, it shall be carried out in the order of collecting creditor's rights, paying off debts, returning capital contribution and distributing surplus property in proportion. Fixed assets and inseparable items can be sold to partners or third parties at a fixed price, and the price participates in the distribution; (3) In case of losses after liquidation, no matter how much the partners have contributed, the partnership property shall be used to pay off first, and the part of the partnership property that is insufficient to pay off shall be borne by the partners in proportion to their contributions.
Article 10 Disputes between partners shall be settled through consultation on the principle of being conducive to the development of the partnership. If negotiation fails, you can go to court.
Article 11 This contract shall come into effect and commence business as of the date of approval by the administrative department for industry and commerce.
Article 12 If there are any matters not covered in this contract, the partners shall discuss, supplement or modify it collectively. The supplementary and revised contents have the same effect as this contract.
Article 13 Other Article 14 The original of this contract is in duplicate, each partner holds one copy, and each party holds one copy.
Partner: _ _ _ _ _ _ _ _ _
Partner: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Relevant clauses of the model cooperation contract between the two parties:
★ Optimize the cooperation agreements of the five classic modes.
★ Template of partnership agreement between the two parties
★ 5 copies of the strategic cooperation agreement between the two parties.
★ Five copies of two-person cooperation agreement.
★ Five classic models of 2022 cooperation agreement
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★ Five copies of model technical cooperation agreement between the two parties.
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