Standard Product Sales Agreement (I) Seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Based on the principles of equality, voluntariness, good faith and mutual benefit, Party A and Party B have reached the following agreement on a series of cooperation matters concerning Party B's agency and sales of Party A's products in the designated area through friendly negotiation:
Article 1 Duration of authorization
Party A authorizes Party B to be the _ _ _ _ _ _ _ level agent/distributor of Party A's products.
Article 2 Rights and obligations of Party A
1. Support Party B's marketing activities and reserve the right to supervise the specific implementation of Party B's marketing activities;
2, responsible for handling user complaints about product features; Provide a hotline _ _ _ _ _ _ _ _.
3. Cooperate with Party B in marketing during the cooperation period;
4. Party A has the right to adjust the agent system, agent structure, agent price and agent discount according to the market situation and agent performance, and will inform Party B of the changed agent system and agent price information by publishing it on the website in time or by email or fax. The updated information will take effect when it is published on Party A's website or notified by email, and Party A will not notify Party B of the above changes except in special circumstances;
5. Party A shall ensure that the quality standards of the products provided meet the requirements of various standards that have passed the inspection. If there are defective products, which belong to Party A's responsibility, Party A promises to repair and replace them;
6. Party A shall notify Party B in time after adjusting the agency price according to the market situation;
7. According to the market situation, Party A regularly or irregularly holds seminars, training and other activities for agents.
Article 3 Rights and obligations of Party B
1. Party B sells Party A's products to customers, and is responsible for developing the market and developing customers by itself while maintaining Party A's brand;
2. While acting as an agent for Party A's products, it is not allowed to act as an agent for similar products of other manufacturers;
3. Ensure to provide good service to customers in agency business, and not damage the interests of customers and Party A's reputation by fraud, coercion and other improper means;
4. Party B shall not damage Party A's price policy in any form, and shall not do anything that damages Party A's goodwill and brand, and shall be responsible for keeping the contents of this agency agreement confidential; When Party B violates this obligation, Party A has the right to unilaterally cancel Party B's agency qualification; At the same time, all losses caused to Party A due to Party B's violation of this obligation shall be borne by Party B;
5. Party B shall undertake the obligation of after-sales service, explain the market reaction caused by improper use of the original products or customers, and return or repair the products, so as to maintain Hengsheng brand and the purpose of * * * serving the public;
6. Maintain Party A's corporate image and promote Party A's products and services by taking advantage of its own corporate advantages;
7. After the termination of this agreement, Party B has no right to continue to use any information of Party A, including trademarks, trade names and logos, otherwise all consequences arising therefrom shall be borne by Party B;
8. Party B shall keep confidential the information clearly indicated by Party A as confidential information.
9. Party B will be invited to attend regular or irregular seminars and trainings for agents organized by Party A. ..
Article 4 Payment/Settlement Clause
1. When Party B needs Party A's supply, it shall plan the order ten days in advance according to the official fax order, so that Party A can confirm the delivery time.
2. After receiving the delivery time confirmed by Party A, Party B shall pay the full amount based on the remittance voucher. Party A shall ensure that the delivery time does not exceed ten working days.
3. Party A shall issue an invoice for Party B as required (the total amount of the invoice shall not exceed the actual remittance amount of Party B) and send it to the registered address of Party B by registered mail; If Party B has any special requirements for invoices (such as issuing separate invoices for customers). ), should be detailed on the remittance fax.
Article 5 Liability for breach of contract
1. Party B and Party A are independent contractors. During the cooperation, they must strictly abide by the terms of this agreement. Except as expressly stipulated in this agreement, each party has independent rights and obligations. Neither party shall impose its debts on the other party or affect the rights granted to the other party. If the actions of any third party cause lawsuits and claims, the other party shall bear the responsibility independently.
2. If one party violates other terms of this agreement due to the reason of causing losses to the other party, the breaching party shall bear all the losses caused to the other party.
Article 6 exemption clause
When Party A's normal supply is affected by force majeure or unexpected events, it shall not be regarded as Party A's breach of contract, and Party B agrees. "Force majeure" refers to unforeseeable, insurmountable and unavoidable objective events, such as wars, natural disasters and government bans.
Article 7 Termination of the Contract
The Contract shall be dissolved under the following circumstances, and the party proposing to dissolve the Contract shall notify the other party in writing seven days in advance:
1. Both parties agree to dissolve this contract;
2. The term of this contract expires and both parties have not renewed it;
3. If one party's qualification disappears, is revoked or enters bankruptcy or liquidation procedures, the other party has the right to terminate the contract, except for reorganization, renaming, division or merger with a third party;
4. If one party fails to perform or violate its obligations under this contract, and fails to perform its obligations or take remedial measures after giving the other party a certain period of time, the other party has the right to terminate this contract because the expected benefits of this contract cannot be realized or it is unnecessary to continue to perform this contract;
5. Due to force majeure or unexpected events, it is impossible or unnecessary to continue to perform the contract, and both parties may request to terminate the contract. After the termination of the contract, the rights and obligations of both parties under the contract are terminated, but the obligations that one party should perform before the termination of the contract still need to be performed. Unless the contract is terminated due to force majeure or unexpected events, the party causing the termination of the contract shall compensate the other party for the losses suffered due to the termination of the contract.
Article 8 Dispute settlement
1. negotiation.
In case of any dispute arising from the performance of this contract, both parties shall first settle the dispute through friendly negotiation. If the dispute is still unresolved within 60 days after one party sends a written notice to start negotiations, either party may submit the dispute to arbitration according to the following provisions:
(1) Arbitration shall be conducted in the Arbitration Commission in accordance with its arbitration rules;
(2) The arbitral award is final and binding on both parties to the contract. Both parties agree to be bound by the ruling. Unless the arbitrator decides otherwise, the arbitration fee shall be borne by the losing party.
2. Ongoing rights and obligations.
When any dispute occurs and any dispute is being arbitrated by the arbitration tribunal, both parties shall continue to exercise their remaining relevant rights and perform their other obligations under this contract, except for the disputed matters.
Article 9 Other agreements
1. This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The above agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect after being signed and sealed by both parties. The annexes to this agreement are an effective part of this agreement, and together with this agreement constitute a complete agreement with the same legal effect;
3. Matters not covered shall be settled by both parties through consultation, and the agreed contents shall be in the form of agreement, minutes, annexes and negotiations, which shall have the same effect after being signed and sealed;
4. After the expiration of the contract, it can be renewed through negotiation between both parties.
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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Model Product Sales Agreement Standard Edition (II) Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, in order to further clarify the responsibilities, rights and obligations of Party A and Party B, safeguard the interests of both parties, and follow the principles of equality, voluntariness, fairness, honesty and credibility, Party A and Party B have reached the following agreement through friendly negotiation:
I. Authorized products, markets and settlement prices
Party A authorizes Party B to engage in _ _ _ _ _ _ _ _ _ business activities.
1. The price promised by Party A to Party B is _ _ _% of the total ex-factory price of each set. See the attachment for the quotation.
2. Party B's sales commitment.
Since the signing of this agreement, Party B has become the general agent of Party A's "authorized products". Party B promises that:
In the case of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Party B's sales reward.
Party B can enjoy the rights of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B can enjoy the rights of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. In any of the following circumstances, Party A has the right to terminate Party B's agency qualification immediately.
1. Upon confirmation by Party A, Party B cannot expand the market share of Party A's products in this area;
2. Party B sells the authorized products outside the authorized area;
3. Party B fraudulently uses the trademark of the authorized product;
4. Party B engages in activities that damage the reputation of authorized products and trademarks;
5. If Party B causes great economic losses to Party A, Party A has the right to deduct the losses from Party B's remuneration or reward.
6. Party B fails to complete the task within _ _ _ months.
7. If Party A wants to cancel Party B's general agent qualification, it shall notify Party B in writing _ _ _ _ months in advance (except the circumstances mentioned in Article 5 above).
Party B shall have at least one technician with primary maintenance ability, who can skillfully and directly provide after-sales service to customers, and Party A shall provide Party B with maintenance parts and technical support.
Three. Obligations of Party A
1. It shall not be provided directly to unauthorized customers in the authorized area.
2. Negotiate the market conflict between agents.
3. Party A shall determine the scope of price protection when adjusting the price according to Party B's shipments and market changes.
4. Party A shall provide Party B with product publicity materials, technical personnel training and related technical training.
Four. Obligations of Party B
1. Party B shall not engage in any activities that will damage the reputation of the awarded brand.
2. Without the consent of Party A, Party B shall not sell the products to other regions.
3. Party B shall mark the correct logo of the awarded brand in a prominent position in the company or store.
4. Party B has the obligation to provide Party A with the monthly market quotation questionnaire of products in this area on a regular basis.
5. Party B should take Party A's products as the leading factor, explore the local market, increase market share, and employ well-trained and experienced sales personnel needed to sell products.
6. During the validity of this contract, Party B shall respect the market price positioning of various products suggested by Party A. ..
7. During the validity period of this contract, Party B can only sell Party A's _ _ _ _ _ _ _ series products as an exclusive agent, and shall not sell other products that are the same as or similar to or competitive with Party A in any other way.
8. If Party B needs to terminate this contract in advance due to business suspension, institutional change or other reasons, it shall notify Party A in writing _ _ _ months in advance and fully perform this contract.
9. Party B must send special personnel to the manufacturer for formal training, and the after-sales service shall be arranged by the manufacturer, and Party B shall be responsible for the implementation. ..
Verb (abbreviation of verb) liquidated damages for cross-regional sales of Party B.
Without the consent of Party A, Party B sells its products to other professional markets authorized by Party A, and Party A has the right to take the following measures against Party B:
1. It is agreed that Party B will take back the products it sells to other regions, or negotiate with the local general agent to give the local general agent some economic compensation.
2. Party A has the right to stop supplying and cancel Party B's general agent qualification.
Provisions on price protection of intransitive verbs
In order to adapt to market changes, make product prices more competitive and expand market share, Party A will adjust product prices according to market conditions. In order to avoid Party B's losses due to price fluctuation, Party A will protect the price of the products ordered and shipped by Party B, and the specific methods are as follows:
1. Party A shall notify Party B in writing _ _ _ _ days before the price adjustment.
2. If both parties have signed a purchase and sale contract but have not yet executed it, it shall be executed at the original price, and the agreement after the price adjustment shall be executed at the new price after being notified by Party A in writing.
Seven, after-sales service
1. If the products provided by Party A fail due to their own quality problems, they shall be guaranteed with three guarantees (according to relevant national standards) and _ _ _ _ years.
2. Party B has the obligation to maintain the products sold. Before the equipment needs maintenance, fill in the failure statement, effective contact person and telephone number and fax them back to the company, and then carry out maintenance after confirmation by the company. After the maintenance is completed, fill in the maintenance record registration form clearly with a signature pen, and send it back to the company headquarters for filing after being signed and sealed by the person in charge. If there are parts that need to be replaced, the inventory quantity of maintenance parts can be reduced. Replaced parts shall be implemented according to the corresponding management system of the company.
3. Party B may assign at least one experienced technician to be responsible for the maintenance station, and Party A shall be responsible for the professional technical training of maintenance personnel. The training courses and contents are provided by Party A. The company provides free round-trip air tickets for maintenance personnel to come to the factory for further study, as well as living and accommodation expenses during the company's further study. After the further study, the company will issue a certificate of maintenance engineer and two sets of special maintenance clothes to each person. For the products and accessories returned to Party A's factory for maintenance, Party A is only responsible for the return freight.
Eight, product sales support
1. In order to promote Party B's promotion and sales of Party A's products, Party A shall provide product publicity color pages free of charge.
2. During the validity of this contract, Party A shall answer or support Party B's questions about product technology or sales according to Party B's requirements.
3. Party A may, according to actual needs, provide Party B with model catalogues of various products to promote their sales.
4. Supply and settlement: delivery after signing the contract.
Nine. Delivery and payment of goods
_ _ _ _% of the total order amount must be paid before placing an order, and the remaining _ _ _ _% will be delivered after receiving the account.
X. Intellectual property rights
1. Party A guarantees that its products do not infringe the intellectual property rights of third parties such as production standards, patents or copyrights in China and China.
2. During the validity period of this agreement, Party A agrees to use Party A's trademark within the scope of reasonable activities related to product sales such as sales, promotion, advertising or publicity of Party B's products.
3. Party B shall use its trademark according to Party A's instructions. Without the consent of Party A, the trademark on the product shall not be deleted, altered, tampered with or counterfeited at will, or the intellectual property rights of Party A's products shall be directly infringed in other ways.
XI。 Confidentiality responsibility
Both parties are responsible for the confidentiality of the transaction price and other activities that should be regarded as confidential in business; Both parties promise not to disclose any specific information (such as drawing specifications, technical parameters, prices, etc.). ) or other confidential contents obtained in the course of cooperation are provided to a third party, and shall not be disclosed or delivered to a third party without the written consent of the other party. This clause shall remain valid after the termination of this contract. Where losses are caused to Party A from this, Party B shall be liable for compensation, and Party A's loss expenses and related expenses include reasonable attorney's fees.
Twelve. term of validity
The term of validity of this agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If both parties fail to sign a new agreement after the expiration of the validity period, the terms of this agreement will still be extended.
Thirteen. force majeure
1. Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and inevitable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, as well as social events such as wars, turmoil and government actions.
2. Either party's failure to perform or partially fail to perform its obligations under this contract due to force majeure and no fault of its own shall not be regarded as breach of contract, but necessary remedial measures shall be taken to reduce the losses caused by force majeure when conditions permit. In case of force majeure, one party shall notify the other party in writing within _ _ _ _ _ _ _.
Fourteen Other agreements
1. In case of any conflict between the terms of this contract and national laws, regulations and policies, the latter shall prevail.
2.______________________________________________________________
Fifteen. Dispute resolution method
Any dispute arising from the performance of this contract between Party A and Party B can be settled through negotiation. Unwilling to negotiate or if negotiation fails, you may apply to the _ _ _ _ _ _ _ _ Arbitration Commission for arbitration. Party A and Party B may also directly apply for arbitration to the _ _ _ _ _ _ _ _ _ _ Arbitration Commission or bring a lawsuit to the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Sixteen. Entry into force, termination and supplement of the contract
1. This contract shall come into effect after being signed and sealed by both parties. This contract is signed in the form of _ _ _ _ _ _ _ _ _ _
2. After the rights and obligations of both parties are fulfilled, the contract is terminated.
3. After the contract comes into effect, both parties shall change or supplement the contents of the contract in written form as an annex to this contract. The annex has the same legal effect as this contract.
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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