Contract for Entrustment of Production (I)
Party A:
Party B:
Article 1: General Provisions
1. Based on the principles of friendly cooperation, equality and mutual benefit, both parties hereby conclude this agreement through friendly negotiation.
2. based on this agreement, party a entrusts the products specified in this agreement to party b for production, and party b accepts this entrustment and guarantees to provide qualified products to party a.
article 2: application scope of this agreement
1. this agreement is applicable to all specific orders for entrusted processing concluded by both parties according to this agreement and confirmed in writing (see article 3).
ii. all written orders for entrusted processing, if ambiguous or not detailed, will be executed in accordance with the relevant provisions of this agreement.
iii. any additions and modifications to this agreement shall be confirmed by both parties in writing before being included in this agreement, which is equally binding with this agreement.
article iii: entrusted processing orders
1. before each production, party a shall open a specific entrusted processing order, the general terms of which shall be stipulated in this agreement, and the supplementary terms shall be stated in the order, which shall take effect after being confirmed, signed and sealed by both parties.
2. The main contents of the entrusted processing order are the name, quantity, price (including 17% VAT), delivery date, delivery place, materials for issuing VAT invoices, and specific requirements, etc. After being confirmed, signed and sealed by both parties, it has the same legal effect as this agreement.
iii. the entrusted processing order is attached to this agreement, which conforms to the general provisions in this agreement and is an indispensable annex to this agreement.
iv. confirmation of the processing price of the ordered goods: according to the processing cost and profit, Party B puts forward a quotation, which is signed by Party A for confirmation.
5. Party A shall be responsible for providing the test fixture and test equipment that Party B does not have. If Party B needs to make the test fixture, Party B will charge the production fee (the specific price will be quoted by Party B separately).
VI. Party A and Party B shall negotiate and confirm the product processing price according to each new product of different models.
article 4: project agreement
1. the products that party a entrusts party b to process and produce are GPS vehicle-mounted products, and party b guarantees to deliver the goods according to the requirements of the entrusted processing order determined by both parties.
2. Party A is responsible for formulating the BOM documents of the products produced, the production process requirements, packaging and other materials needed for product processing, defining the testing procedures for finished products, providing testing normative documents, and providing necessary technical support to Party B's engineers.
iii. party a is responsible for providing the quality inspection standard and acceptance method of the finished products entrusted for processing, which will be the only acceptance standard of the products after confirmation by party B ..
iv. party b promises not to disclose or disclose 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 relevant information of products to a third party, nor to authorize a third party to process them on its behalf.
5. The technical ownership, intellectual property rights, technical information, commercial information and financial information of the products commissioned by Party A are all owned by Party A, and Party B has the obligation of confidentiality. Without the written consent of Party A, Party B shall not copy, modify
or copy, keep technical data and copies, process and sell them to third parties by itself, or conduct research and development of similar products by using Party A's product technology. It shall not be used in the subsequent work or made known to a third party in any way.
VI. Party A shall be responsible for providing the printing steel screen and mold. If Party B needs to make it, it shall be the property of Party A, and the expenses shall be borne by Party A.. Party A pays the processing fee for the first time and also pays the steel mesh and mold fee. When Party B makes steel mesh and mould on behalf of Party A, it shall submit an Application Form for Making Steel Mesh Mould to Party A, stating the reason, quantity and price, and it shall not be made until Party A confirms it.
VII. Due to the complicated product testing procedures, if Party B has no conditions to provide testing, Party A can provide equipment and venues through negotiation. Party B only needs to arrange employees to go to the site provided by Party A for testing.
article 5: product quality standards and responsibilities
1. the processed finished products delivered by party b shall be accepted by party a according to the quality inspection standards confirmed by both parties, and the performance and quality of the products shall conform to the quality inspection standards. Where it fails to meet the inspection standards, Party A has the right to request Party B to return or exchange the goods.
second, the material loss rate of the finished products delivered by party b is: the average loss rate of resistors, capacitors, diodes, triodes and other components with the standard size of 42 is .8%, the average loss rate of components with the standard size of 63 and 85 is .5%, the average loss rate of components with the standard size of IC and valuable components above 85 is .15%, and the average loss rate of FPC and connector is .3%. BGA is .5%.
III. ① Party B promises that the shelf life of the processed finished products is 12 months
② If the products are defective due to Party B's manufacturing reasons, Party B shall be responsible for free maintenance within the shelf life.
③ if the defective products are caused by the materials provided by party a, or due to the design reasons of party a, or the information provided is incorrect, party a will pay the repair fee.
(4) exchange the defective materials one by one.
iv. if the product involves patents, copyrights, trademarks and other intellectual property rights, party a shall grant party b the license of such intellectual property rights. In case of economic disputes caused by intellectual property rights, Party A shall be responsible.
5. in case of product quality problems caused by the process in the production process, Party B shall compensate or repair the product free of charge according to the total cost of the product; If the quality is abnormal due to the problem of incoming materials, Party B shall not be responsible for handling it, but shall provide corresponding evidence. If it is necessary to handle it, it shall charge a certain maintenance fee.
article 6: ordering and supply
1. delivery date:
trial production of new products: delivery in batches will start on the 4th day after receiving technical data and materials
normal mass production products: delivery in batches will start on the 2nd day after receiving qualified materials
2. closing period: Party B must clean up the residual products in time, and if Party A makes up the damaged materials in time, Party B shall finish cleaning up within one week.
3. Party A shall determine the quantity and processing fee of entrusted processing in the following ways, and Party B shall also determine the processing and completion time.
iv. order price: the price indicated in the product quotation confirmed by both parties through consultation shall prevail.
5. The purchase order of Party A and Party B cannot be cancelled once it is signed. If it needs to be changed, both parties should reach an agreement through consultation. Party B must supply the goods to Party A according to the specified time, quantity and quality requirements.
VI. Party B shall inspect the appearance, screen printing, size and deformation of the raw materials provided by Party A, but not the electrical inspection. If the raw materials do not meet the requirements or the quantity is insufficient, it shall notify Party A immediately. If no objection is raised, it shall be deemed that Party A has provided the raw materials that meet the requirements, except for poor electrical performance.
VII. Party B shall take good care of the raw materials, equipment, packaging materials and other articles provided by Party A, and shall pay for the losses caused by damage or loss.
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 .. The packaging form of Party B's final products shall meet the requirements of Party A..
2. The raw materials provided by Party A are delivered by Party B to Party B's place, and the finished products or products to be inspected are delivered by Party A to Party A's company.
3. for the free delivery of raw materials and finished products provided by party b, it is necessary to apply for product transportation insurance, otherwise, it shall compensate all losses caused thereby.
article 8: mode of payment
1. the transaction price of party a and party b shall be subject to the product quotation, the entrusted processing order and the application form for making steel mesh molds signed by both parties.
2. payment method: 3 days per month.
3. Party B shall provide 17% VAT invoice. After Party B's products are accepted by Party A, Party B shall issue an invoice to Party A in time.
article 9: liability for breach of contract
1. both parties must abide by the above terms. anyone who breaches the contract shall be punished according to the terms agreed in this agreement or the purchase order, and both parties shall separately agree on the punishment for the unfinished matters.
second, the principle of punishment for breach of contract: the defaulter unconditionally compensates the other party for the direct and related losses caused by breach of contract.
article 1: clauses on force majeure
1. in case of breach of contract caused by force majeure, such as natural disasters, wars, national policies and other force majeure factors, neither party will pursue it, and each party will bear the corresponding losses.
article 11: arbitration principles
1. during the execution of the agreement, including the purchase order and other relevant annexes, if there is any dispute, both parties shall settle it through negotiation. if negotiation fails, the telling party may submit it to the local arbitration commission for arbitration.
ii. the arbitration principle is based on this agreement and its annexes, and shall be performed according to the contract.
Article 12: Validity of the Agreement
1. This Agreement shall come into effect as of the date of signing by both parties, and the validity period of this Agreement shall be one year. If
either party is awarded the second food processing contract
this agreement was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ ______
Bank account number: _ _ _ _ _
VAT number: _ _ _ _
(hereinafter referred to as "the entrusting party")
Processing party: _ _ _ _ Co., Ltd.
Address: _
Bank: _ _ _ _ _ _ _ _ _
Bank account number: _ _ _ _ _ _ _ _ _
Entrusted production contract (II)
Ordered party (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Unit price, amount, and delivery date: other notes within the date of signing the contract:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
III. Acceptance criteria and methods: based on sample technology.
iv. packaging requirements and expenses
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
v. delivery method and place: Party B is responsible for delivering it to the installation place of Party A (within Beijing).
VI. Settlement method and time limit
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VII. Liability for breach of contract: Both parties shall strictly abide by the provisions of this contract, and bear the responsibilities according to the problems.
VIII. Ways to settle contract disputes: litigation in the people's court of the defendant's domicile.
IX. Other matters: settled by both parties through consultation.
ten, Account name: _ _ _ _ _ _ Technology Co., Ltd.
Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Representative:
legal representative:
entrusted agent:
entrusted agent:
Tel:
Date of signing the bill: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________
Entrusted. : _ _ _ _ _ _ _ _
Acceptee (Party B): _ _ _ _ _ _
Party A hereby entrusts Party B to act as the agent of _ _ _ _ _ _ _ _ _ _ _ (product name) of Party A for "China Compulsory Product Certification" (hereinafter referred to as "3c Certification"). Through friendly negotiation, both parties have reached the following agreement and voluntarily strictly abide by the terms of this agreement.
1. Party A shall provide Party B with the basic materials required for agency in time according to Party B's requirements, and ensure that the materials are true, legal and effective. The adverse consequences arising from the untrue, legal or invalid materials provided by Party A shall be borne by Party A.. Party A shall submit the following basic materials when applying for certification:
1. Structural drawings such as product working schematic diagram, electrical circuit diagram and assembly drawing;
2. List of key components and/or main raw materials;
3. Description of the differences between products of various models in the same application unit;
4. Other required documents.
2. Party B has the obligation to guide the establishment and operation of Party A's system, draft relevant application materials, and handle relevant formalities to ensure that the preparation is adequate and the system is feasible.
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 business or activities that are detrimental to Party A's interests.
iv. party b charges party a the consulting fee of RMB _ _ _ _ _ _ _ (in words). The acceptance fee for certification application, type test fee and factory examination fee shall be paid by Party A directly to the certification and testing institutions according to the unified national pricing, and Party B shall be responsible for the guidance. The accommodation and transportation expenses of Party B's consultants shall be borne by Party A according to the actual amount.
v. Name and specific model or specification of the product to be applied for certification: _ _ _ _ _ _
VI. After signing the agreement, Party A will pay Party B 5% of the total agency fee, namely _ _ _ _ _ _ _ RMB, as the agency start-up fund of Party B, and the balance will be paid within three days after the on-site audit is passed.
VII. Party B completes the consultation on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the sample inspection items submitted by Party A are unqualified, the time for rectification and reexamination is not counted, or there is still a delay when Party B needs to be serious and diligent in fulfilling his career in the usual sense (which must be approved by Party A), and there are irresistible factors, it can be postponed appropriately.
8. if party b wins without reason.