Party A: (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B) meihekou city Qijia Commodity Sales Co., Ltd.
According to the Contract Law of People's Republic of China (PRC) and relevant regulations, Party A and Party B sign this contract on the basis of voluntariness, equality and mutual benefit for mutual compliance.
I. Sales of products
Daily necessities, electrical equipment, labor insurance supplies, stationery, office equipment, knitwear, kitchen appliances, daily necessities, commodity shelves, counters.
Second, the settlement method
All financial transactions between Party B and Party A can only be remitted to the account designated by Party B. ..
Third, marketing:
1: In the advertising and promotion activities operated by Party B itself, Party B shall not modify its contents or change the use of products. Party B shall bear all adverse consequences and legal responsibilities caused by exaggeration or false propaganda. 2. Party B shall not do anything that damages Party A's reputation and image, otherwise, Party A has the right to ask Party B to compensate the losses caused to Party A and cancel its agency qualification.
3: Party B shall not sell any counterfeit brand products in any form, for any reason or in any way.
Fourth, sales information:
1: Relevant information about the local sales of Party A's products (such as valid sales contracts, customer lists, sales records, sales vouchers, delivery vouchers, inventory, etc.). ) and other information about Party A belong to the business secrets of Party A's product operation, and Party B shall not disclose the above information to a third party, otherwise, once verified, this contract will be terminated immediately and all responsibilities will be borne by Party B. ..
2. Party A will regularly check the sales volume, flow direction, distribution inventory and changes in retail terminals of products operated by Party B, and Party B is obliged to provide Party A with true information.
Verb (abbreviation for verb) Ordering procedure and mode of transportation:
1: Party B shall deliver the goods within five days after receiving the order.
2: Party B shall be responsible for negotiating with the carrier for compensation for loss, shortage, damage and other accidents during the transportation of the goods. When Party A needs assistance, Party A shall actively provide relevant information. In case of overflow, breakage, wrong string, quantity discrepancy, etc., you should ask the carrier for the required records and vouchers in time, check them in detail immediately, and file a claim with the responsible party in time.
Sales responsibility: responsible for the replacement of damage.
Seven. Rights and obligations of both parties:
Rights and obligations of Party A:
1: Party A shall not sell products to non-contracted dealers without authorization.
2. If Party B violates the national laws and regulations and the stipulations of this contract, Party A has the right to terminate this contract in advance, including but not limited to verbal/written warning, suspension of contract performance, non-renewal or immediate termination.
3. During the validity period of this contract, if Party B's sales performance fails to meet the requirements of Article 8 of this contract, Party A has the right to suspend the performance of this contract.
Rights and obligations of Party B:
1: Abide by national laws and regulations and the stipulations of this contract.
2. Collect profit commission on time according to the provisions of this contract.
3. Sign this contract in person, perform the obligations stipulated in this contract according to the contract, and accept the supervision of Party A. ..
4. Party B shall not slander Party A or other contracted dealers of Party A, and shall not disturb the normal business order of Party A or other contracted dealers of Party A. ..
5: Party B agrees that Party A can make corresponding adjustments to this contract according to market conditions and national policies, including the price adjustment of Party A's products, and hereby promises to accept and abide by this adjustment.
Seven, the return system:
1: If Party B returns goods due to quality or non-quality problems, Party B shall provide a return application form and submit it to Party A for approval.
Can be returned. The freight for non-quality return shall be borne by Party B. After Party A receives the return and confirms that it conforms to Party A's return system, it will refund the purchase price and deduct 40% of the packaging loss fee.
2: For the return application form, the copy of Party B's ID card, Party B's name, telephone number, fax number, address, postal code, bank account number designated by Party B and Party B's contract number (consistent with this contract), reason for return, name and quantity of returned products shall be faxed to the fax machine designated by Party A, and the return can only be made after verification and approval by Party A..
Eight. Termination, dissolution or continuation of the contract:
1: If the contract expires and Party B has not breached the contract, Party B will give priority to the renewal. If Party B renews the contract, it shall re-sign the contract for the next year within one month before the contract is terminated.
2. If Party B fails to fully perform its obligations under this contract, including but not limited to violating national laws and regulations, Party A has the right to terminate this contract in advance and settle the creditor's rights and debts arising from the performance of this contract with Party B. ..
3. When the contract expires, if Party B is willing to renew the contract with Party A, it shall renew the contract in accordance with Party A's relevant regulations, otherwise it may bear the consequences of not being able to renew the contract on time. Party A reserves the final decision on whether to accept Party B's renewal.
4. The annual sales volume is 2 million yuan.
Party A: Party B:
Tel: Tel:
date month year
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Article 2:
General purchase and sale contract
General contract number: Zi No.
Supplier:
Demand side:
Article 1 In order to effectively implement the laws and regulations related to economic contracts and ensure the earnest implementation of purchase and sale contracts, this General Contract is specially signed. This master contract is applicable to the purchase and sale of nine categories of commodities such as daily necessities, stationery, watches and glasses, shoes and hats, textiles, knitwear, clothing, labor insurance supplies and silk. A specific category (variety) of transactions requires the signing of a specific commodity purchase and sale contract. Supply and demand sides can formulate tabular purchase and sale contracts according to their own characteristics. This master contract is the general principle for signing specific sales contracts. Matters not covered in this master contract can be signed by both parties through consultation. This master contract, specific commodity purchase and sale sub-contracts and supplementary agreements have legal effect. Supplementary agreements and specific subcontracts for the sale of goods cannot change the agreed terms of the general contract. If the supplementary agreement is inconsistent with the specific subcontract for the sale of goods, the supplementary agreement shall prevail.
Article 2 After signing this contract, both parties shall earnestly perform it. If one party really needs to change or terminate the contract due to the circumstances stipulated in Article 27 of the Economic Contract Law, it shall submit a written notice to the other party fifteen days before the expiration of the contract (including the contract change procedures). The other party shall reply in writing (or telegram) within fifteen days after receiving the notice. Failing to reply within the time limit shall be regarded as breach of contract. If any loss is caused to one party due to the modification or termination of the contract, the responsible party shall compensate it. Before a new agreement is reached, the original specific contract is still valid.
After arranging production, both parties shall strictly implement the contract and generally do not change the goods produced according to the color, variety and specification specified by the buyer. If it needs to be changed, the losses arising therefrom shall be borne by the buyer; If the supplier fails to perform the contract on schedule, in terms of quality, quantity and requirements, the losses shall be borne by the supplier.
Article 3 The prices of commodities in purchase and sale contracts must conform to the relevant state regulations on price management. For some commodities, both parties can also negotiate preferential measures or negotiate pricing.
The commodity pricing standards for contract transactions are all genuine prices. For sub-products and grade products, the price difference is priced according to the discount convention to implement the contract; Goods temporarily priced (reference price) are allowed to float within the range of 65,438+00%-65,438+05% (the floating range is specified in the specific contract). If there are differences in specifications in the contract, the unit price should be mid-range (etc. ), the actual delivery will be priced separately according to the specifications.
If the national or local administrative department adjusts the price within the delivery (delivery) period stipulated in the contract, it shall notify the buyer in writing as the pricing basis for delivery (shipment).
Overdue delivery, in case of price increase, according to the original price; When the price is lowered, the new price shall prevail. If the delivery is overdue, the new price will be implemented when the price is raised, and the original price will be implemented when the price is lowered. The difference caused by price adjustment shall be settled separately by the buyer and the seller.
Article 4 The prices of goods supplied in different places are all ex-factory prices of cars and ships, and the fees before loading and loading shall be borne by the supplier. If the shipping charges and freight charges are listed on the same document and cannot be separated, they shall be borne by the buyer; For the units that want goods in the same city (including local units in other provinces), the goods are directly allocated from the factory or delivered by the buyer. The reasonable transportation expenses charged by the carrier according to the relevant charging regulations shall be borne by the buyer. The burden of freight can also be handled by both parties through consultation.
Article 5 Where there are national or trade standards for commodity quality, they shall be implemented; If there is no such standard, it shall be implemented according to the enterprise standard of the manufacturer; If there is no manufacturer's enterprise standard, it shall be determined by both parties through consultation. The supplier shall carefully inspect and strictly control the goods to ensure the quality of the goods.
If the quality of the goods does not meet the standard, they should generally be returned. In case of special circumstances, the supply and demand sides can coordinate and solve them.
Article 6 The packaging of commodities must be firm, and the supplier shall ensure the safety of commodities during transportation. The buyer has special requirements for commodity packaging, and both parties shall indicate in the specific contract that the increased packaging costs shall be borne by the buyer.
Article 7 The delivery date of the execution contract shall be the date issued by the supplier. Goods delivered directly from the factory to stations and docks shall be subject to the delivery date of the factory. If the supply is charged within 10 days before the delivery date stipulated in the contract and within 15 days after the delivery date, it will not be regarded as early delivery or late delivery. If the buyer requests partial delivery, the supplier will balance the delivery in batches after approval.
Unless otherwise agreed by both parties, the goods supplied by the supplier in different places shall be consigned by the supplier. If the buyer wants to pick up the goods by himself, he should hold the delivery voucher stamped with the financial seal, and the delivery expenses should be borne by the buyer; In the same city, except for the part directly delivered by the factory, the buyer will pick it up within seven days after the payment is settled (postponed in case of holidays), and the buyer will be responsible for the storage expenses for the part that has not been picked up after the time limit.
If the delivery is suspended for no more than 30 days due to the influence of transportation or the buyer's request, the delayed performance of the contract will not be handled.
Article 8 If the goods with a shelf life exceed two thirds of the shelf life, the supplier may deliver the goods; If the due date is less than two thirds, the supplier shall obtain the buyer's consent before delivery.
Article 9 The supplier shall entrust the carrier to deliver the goods according to the reasonable transportation route, tools and arrival station (port) agreed by both parties, and make efforts to make up the transportation capacity or tonnage to save costs.
If one party needs to change the transportation route, tools and arrival at the station (port), it shall notify the other party in time and reach an agreement through consultation before shipment. Before reaching an agreement through consultation, the original contract should still be implemented.
The buyer proposes to change the transportation route, tools and arrival station (port), so the increased expenses shall be borne by the buyer. In case of special circumstances, both parties shall settle it through consultation. If the supplier changes the transportation route, tools and arrival station (port) without the consent of the buyer, the increased expenses shall be borne by the supplier.
Article 10 The ownership of the goods shall be transferred to the buyer when the bill of lading is obtained. In case of loss, shortage, damage and other accidents during transportation, the buyer is responsible for claiming compensation from the transportation department or insurance company, and shall not claim compensation from the supplier unless it is the fault of the supplier. However, the supplier shall actively provide relevant information and assist the buyer in claiming compensation. When receiving the goods, the buyer must send someone to the site to supervise the unloading, count the big pieces and check the packaging. If problems are found, they should ask the local transportation department for the required records and certificates in time, conduct detailed inspection immediately, and lodge a claim with the responsible party within ten days after receiving the goods. If it is the supplier's responsibility, the buyer shall lodge a claim with the supplier within fifteen days after receiving the goods. If it fails to do so within the time limit, it shall be regarded as correct acceptance. The supplier shall find out the situation and give a reply within fifteen days after receiving the notice of claim. Failing to reply within the time limit shall be regarded as compensation.
If the relevant documents fail to accompany the goods, the buyer shall first make a written acceptance to the carrier department after the goods arrive, and immediately notify the supplier, who shall reply within 15 days after receiving the notice; The buyer shall not use the goods by himself, make detailed records and keep them properly, and notify the supplier within ten days after receiving the goods, and all expenses arising therefrom shall be borne by the supplier.
The goods entrusted by the supplier to the carrier shall be covered by comprehensive transportation insurance with the People's Insurance Company. When the goods suffer losses in transit, the buyer shall apply to the local insurance company for compensation according to the procedures and time limit stipulated in the Domestic Waterway and Railway Cargo Transportation Insurance Clause (Trial).
Article 11 If the outer packaging of the goods is complete, and problems such as overflow, damage, cross-linking and quality of the goods are found when unpacking, the buyer shall make inquiries to the supplier within 90 days after the goods arrive (within 15 days if the value of a single commodity is more than 2,000 yuan); If it is found that the goods are moldy and deteriorated, it shall notify the supplier within 30 days after receiving the goods. Overdue shall be regarded as correct acceptance.
Receiving imported goods and goods transferred from foreign trade inventory to domestic sales, because it involves foreign trade inquiry, the inquiry period is 60 days after the buyer receives the goods, and the overdue supplier may not accept it.
When the buyer makes an inquiry to the supplier, he should fill in? Inquiry sheet? , single item, don't mix. ? Inquiry sheet? The contents shall include the shipping mark, product name, specification, unit price, packing list, invoice date, arrival date, quantity of surplus and shortage, damage degree, contract number, manufacturer's name, supply and delivery order number (i.e. transfer order, the same below) and other materials, and properly keep the physical objects. What should the supplier receive? Inquiry sheet? Give an answer within fifteen days. If the above contents are incomplete, or a variety of goods are mixed and not provided by the supplier, the supplier may ask the buyer to fill them in again? Inquiry sheet? .
In order to reduce part of the inquiry business, each? Supply invoice? If the loss of listed products is within 5 yuan and the damage is within 10 yuan, no inquiry will be made (except spare parts). For the inquiry of bulky goods (such as sewing machine heads, spare parts and other surplus products), the buyer will send the surplus products directly to the factory, send the inquiry sheet to the supplier, and indicate the delivery date on the form.
When the buyer finds errors (such as delivery errors, multiple pieces), no contract, serious quality problems, etc. It is the responsibility of the supplier when the goods are received. If it is necessary to return the goods, it shall notify the supplier within 30 days after receiving the goods. If it expires, the supplier may not accept it. At the same time, the buyer shall not return the goods or transport the goods back to the supplier without authorization. The supplier shall reply within fifteen days after receiving the notice, and put forward the handling opinions. If the buyer fails to reply within the time limit, it can be regarded as agreeing to return the goods. All overdue returns and returns that are not the responsibility of the supplier shall be borne by the buyer.
Twelfth commodity payment, transportation, insurance and other payments shall be settled in accordance with the provisions of the relevant settlement measures of the People's Bank of China. Payment should be made through inspection. If the buyer unreasonably refuses to pay, delays payment or defaults on payment, the buyer shall pay the late payment fee according to the regulations of the relevant banking department, and the bank will allocate the payment together with the goods to the supplier.
If the buyer changes the bank, account name and account number, it shall notify the seller in writing (or telegram) 30 days before the delivery deadline stipulated in the contract. If the settlement is affected by the failure to notify on time or the notification is wrong, the buyer shall be responsible for the overdue payment.
After negotiation between the supplier and the buyer, unless otherwise stipulated in writing, the payment shall be settled by the following methods (1. Collect and accept; 2. Payment before delivery; 3. Bank draft; 4. Commercial paper. )
Article 13 If one party breaches the contract, it shall bear the liability for breach of contract and pay liquidated damages to the other party. If the loss caused to the other party due to breach of contract exceeds the liquidated damages, it shall also compensate the insufficient liquidated damages. If the other party requests to continue to perform the contract, it shall continue to perform it.
1. If the supplier fails to perform the contract, it shall pay liquidated damages to the buyer. The penalty for general goods is% of the total value of undeliverable parts (determined between 1%-5%), but the penalty for goods with specific requirements by the buyer is% of the total value of goods (determined between 10%-30%).
2. In case of overdue delivery, the supplier shall pay the buyer liquidated damages for overdue delivery according to the regulations of the People's Bank of China on deferred payment and the total amount of overdue payment.
3. The expenses actually paid by the buyer during the storage period caused by the supplier's early delivery, overpayment or wrong delivery shall be borne by the supplier.
4. If the buyer returns goods without the consent of the supplier, it shall pay liquidated damages to the supplier. The penalty for common goods is% of the total value of returned goods (determined between 1%-5%); For goods with specific requirements, the penalty is% of the total returned value (determined between 10%-30%). Return transportation and other expenses shall be borne by the buyer.
5. In case of late delivery and payment, the buyer shall pay the seller liquidated damages for late delivery and payment according to the regulations of the People's Bank of China on late payment and the total value of late delivery and payment.
6. The buyer shall bear all losses caused by the wrong delivery place or receipt provided to the supplier; Bear all expenses paid by the supplier or transportation department for handling the wrong objection raised by the buyer; Bear the losses caused by improper storage of goods kept by suppliers.
Liquidated damages, compensation and storage fees shall be paid within ten days after the responsibility is defined, otherwise it shall be treated as overdue payment. No party may withhold or refuse to pay for the goods by itself.
Article 14 In case of disputes between the supplier and the buyer during the performance of the contract, they shall be settled through consultation in a timely manner in the spirit of taking the overall situation into consideration and mutual understanding and accommodation. If negotiation fails, either party may apply to the relevant commercial economic dispute mediation institution for mediation, or to the economic contract arbitration institution for arbitration, or bring a lawsuit to the people's court in accordance with the Interim Provisions on Mediation of Economic Disputes by Commercial Departments.
Article 15 This Master Contract is made in duplicate, with each party holding one copy.
Article 16 This Master Contract shall come into effect after being signed by the legal representatives of both parties or their entrusted agents and affixed with official seals or contract seals. The validity period is from year month day to year month day. If both parties have no objection at the expiration date, the general contract will be automatically extended for one year. Either party shall notify the other party in writing one month before the expiration of this general contract if it needs to change or terminate this general contract. However, the specific purchase and sale subcontracts signed within the validity period of this master contract shall still be subject to this master contract.
Where dates are involved in this master contract and its annexes, the date of receipt by the addressee and the date of stamp by the post office shall prevail. The calculation of time limit includes this number.
Specific commodity purchase and sale contracts generally adopt the format of one goods and one bill (see Annex 1 and 2), and can be self-made with special requirements.
19 19 mm/d.
The seal of the supplier and the seal of the buyer.
Signature of legal representative or entrusted agent
Bank of deposit: Bank of deposit:
Account number: Account number:
Address: Address:
Postal code:
Telegraph registration: telegraph registration:
Tel: Tel:
Attachment: (omitted)
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