Letter of Commitment for Supply 1 In order to maintain fair competition order in the bidding market and create an honest and trustworthy bidding environment, our company voluntarily joined "xxxxxxxx" (hereinafter referred to as the supplier library) and voluntarily put our relevant information into the warehouse, and solemnly promised as follows:
1. Our company submits the information and materials in the supplier's library truly and objectively, and is responsible for the authenticity, validity and legality of the information and materials in the supplier's library and the submitted original materials, and bears relevant legal responsibilities.
2. Our unit agrees that the basic information, qualification information, personnel information, performance information and credit information of the enterprises in the supplier's library shall be subject to social supervision on the Nanjing goods bidding supervision network.
3. Our company will maintain, update and improve the information and materials in the supplier library in time to ensure the normal bidding activities, otherwise, our company will voluntarily bear all the consequences caused by this.
Four, my unit in Nanjing goods bidding and trading center to participate in the bidding process, strictly abide by the relevant laws and regulations, if there is a violation of the provisions of the punishment.
Name of unit (seal):
Date:
Both parties are willing to cooperate (project number: bidding). Based on the principle of "mutual trust, sincere cooperation and common development", the following agreement is reached on the rights and obligations of all parties through friendly consultation:
Article 1 Purpose of cooperation and nature of agreement
1. Both parties have the same goal and the same willingness to cooperate. The ultimate goal of cooperation is to give full play to their respective brand advantages, geographical advantages and technical advantages, pool excellent human resources, and comprehensively explore the relevant market of the project with the best team combination, the best cooperation scheme and the best technical products. Through the development of this market, it fully embodies the respective advantages of Party A and Party B, and lays a more solid foundation for the comprehensive development of the project market.
Everything that both sides understand. Party B fully supports Party A to participate in the project with products and services produced or represented by itself.
3. Ensure that the above-mentioned equipment and services are fully owned, and meet all requirements for equipment and services in the bidding documents.
4. Party B guarantees to provide the authorization letter issued by the manufacturer to Party A in time according to the bidding requirements before bidding.
Article 2 Term of Agreement Cooperation
Agreement cooperation period:
1. If Party A wins the bid in the bidding project, the supply period is Party A's year. According to the actual implementation of users and market changes, the validity period of supply can be appropriately adjusted through consultation between both parties. This agreement shall remain valid until the completion of the purchase and sale contract signed by both parties.
2. If Party A fails to win the bid in the bidding project, the cooperation period of this agreement will end on the date when the bidding result is announced.
Article 3 Detailed Rules of Agreement
I. Contents and scope of cooperation
1. Party A and Party B cooperate closely in the industry nationwide. In order to achieve a win-win situation, * * * jointly explore the market of this industry, and strive to improve their influence and market share in this industry by providing high-quality products and services.
2. The products signed by Party A and Party B are award-winning products authorized by Party B to participate in. In this project, Party A is the only distributor of the award-winning products in China. During the procurement and supply, Party B shall not supply products to other companies and their subsidiaries participating in this project alone.
3. Party B has the obligation to safeguard the relevant rights and interests of Party A, and Party A has the obligation to safeguard the interests of Party B.. Both parties shall not harm the interests of the other party in any form, and if they harm the interests of the other party, they shall be liable for breach of contract. The injured party may punish the other party according to the seriousness of the case until the industrial cooperation with the other party is cancelled.
Second, the product and product price
1. The bid-winning price of Party A includes the purchase price given by Party A to Party B and the profit determined by both parties through consultation. In addition to the product price, the purchase price also includes transportation and insurance before the delivery of the winning product; Installation and debugging of products; As well as technical training, after-sales service and other expenses during the product warranty period.
2. Party B guarantees that the prices of products and accessories purchased by Party A in this agreement are lower than the average market price and the delivery price (settlement price and discount price) of the highest-level distributor. If Party A reflects that the purchase price is higher than the above-mentioned price or the product configuration does not meet the requirements of the tender documents, Party A has the right to reduce the purchase price accordingly and instruct Party B to supply the products according to the lower price and the product configuration required by the tender documents, otherwise, Party A has the right to suspend the purchase of products.
3. During the validity period of the supply agreement, if the configuration of the winning product is upgraded, Party B shall promptly notify Party A of the configuration change and provide the latest configuration certificate. After obtaining the consent of Party A and keeping the product price unchanged, the supply can continue.
4. During the validity of the supply agreement, Party A will re-invite tenders according to the actual demand, and Party B will give the most favorable price support.
Three. Quality standards and guarantees
1. Party B shall guarantee that the products provided are brand-new and unused, and ensure that the products are installed correctly, run normally and have satisfactory performance within the service period.
2. Party B shall ensure that the products provided have passed the factory inspection and provide quality certificates.
3. Party B guarantees that the buyer does not infringe any third party's intellectual property rights, such as patent right, trademark right, industrial design right and use right, in the process of using its products or any part thereof.
4. If a third party accuses the buyer of infringing the patent right, trademark right, industrial design right and use right in the process of using the product or any part of the product provided by Party B, Party B will defend Party A and the buyer at its own expense, and pay all the expenses that Party A or the buyer should pay to the third party according to the final judgment of the court, and at the same time, Party B shall compensate Party A for the losses suffered.
4. The arrival of the goods and the validity period of the agreement.
1. Party B promises not to put forward terms other than this agreement in the specific sales contract and not to modify the substantive contents of this agreement. The Sales Contract signed by both parties is an annex to this Agreement and has the same legal effect as this Agreement. In case of any conflict, this agreement shall prevail.
2. Party B guarantees that since the date when both parties sign the sales contract.
3. The transportation expenses and related loading and unloading expenses shall be borne by Party B. ..
4. The validity period of the supply of this project agreement can be appropriately adjusted by both parties through consultation.
Verb (abbreviation of verb) product acceptance
1. When the products arrive at the place agreed in the contract, the buyer and the authorized unit of Party A will jointly inspect the products, and check the quantity and quality of the products item by item, and sign the product acceptance sheet after passing the inspection.
(1) The product acceptance form is in duplicate, and the buyer keeps one copy as the basis for payment; Party B shall keep one copy as a voucher for applying for payment.
(2) Party B shall provide the detailed product packing list to the buyer for confirmation.
2. If it is found that the product specifications do not meet the contract requirements or the products are in short supply or damaged during the acceptance process, Party B shall timely adjust or replace them, and deliver them to the place designated by the buyer within the time specified by the buyer, and the relevant expenses shall be borne by Party B. At the same time, Party B shall guarantee that the technical data provided to the buyer are clear, correct and complete.
3. Party B shall provide the buyer with necessary on-site technical training, so that the trainees have basic application ability and maintenance ability. During the arrival inspection, if the quantity of products is insufficient and the specifications are inconsistent with the requirements of the agreement, Party B shall make up or replace them in time. Supplemented or replaced products shall be delivered to the place designated by the user for installation and commissioning within 3 working days from the date of inspection, and relevant expenses shall be borne by Party B. ..
4. During the product warranty period agreed by Party A and Party B, if the purchaser finds that the product is inherently damaged, or the product quality does not meet the provisions of this agreement, or confirms that the product is defective (including potential defects or the use of unqualified materials, etc.). ), Party A has the right to ask Party B to replace the defective products or parts for free. Party A shall notify Party B in writing, and Party B shall replace the defective products or parts free of charge within 7 working days after receiving the buyer's notice, and the relevant expenses shall be borne by Party B. ..
Six, after-sales service
1. The after-sales service provided by Party B to the buyer shall conform to Party B's general "after-sales service" commitment to the market, and shall also include the services specifically promised by Party A in the tender.
2. If the buyer fails to operate or repair the damaged products or components according to the instructions for use, Party B will not assume the warranty responsibility, and Party B can provide replacement or maintenance services, and the expenses arising therefrom will be borne by the buyer.
3. Party B shall be responsible for any defects and failures caused by design, technology or material defects. If the products provided by Party B are defective, or the technical data provided by Party B are wrong, or the guidance of Party B's on-site technicians is wrong, so that the products can't meet the indicators and technical performance stipulated in the contract, Party B shall be responsible for repairing or replacing the defective and damaged products, so as to make the operating indicators and technical performance of the products meet the requirements of the contract, and the expenses arising therefrom shall be borne by Party B. ..
4. During the technical service and warranty period, Party B must provide the buyer with a technical service hotline (7*24 hours), which is responsible for answering the problems encountered by the buyer in the use of the equipment, and putting forward suggestions and operation methods to solve the problems in time.
5. During the technical service and warranty period, Party B must provide 5*8 hours of on-site warranty and technical support services, and provide on-site service on the second working day (on-site response within 24 hours). If the hardware fault is diagnosed, spare parts should be brought and replaced on site, and the system should be restored to normal operation in the shortest time. If the fault cannot be eliminated within 72 hours, Party B shall temporarily install a piece of equipment for use free of charge and replace it after the fault is eliminated. If Party B fails to reply within 48 hours after receiving the notice, all losses caused thereby shall be borne by Party B;
6. The product warranty period of this agreement is three years after signing the product acceptance certificate. If Party B promises more than three years when bidding, the promise shall prevail.
During the product warranty period, any spare parts installed and replaced by Party B must come from or be approved by the manufacturer of its bidding products; All replacement parts must be new, unused and unrepaired.
7. After the warranty period of the contract products expires, Party B promises to continue to provide product maintenance services for the buyer, and only charges for the maintenance and replacement of accessories.
8. During the product warranty period, Party B shall provide free door-to-door service (including door-to-door fee, spare parts fee and labor fee).
Seven. payment
After the buyer receives all the goods, Party A shall coordinate the buyer's acceptance within 5 working days, and pay 100% of the contract price to Party B within 5 working days after the acceptance is qualified and the buyer signs the acceptance sheet.
Eight. responsibility for breach of contract
1. The buyer has the right to lodge a claim against Party B according to the inspection certificate issued by the quality inspection department.
2. During the product warranty period, if Party B fails to deliver the products and provide services according to the purchase and sale contract and this agreement; Or Party B fails to supplement or replace the products within the specified time limit, or the delivery still does not meet the requirements; Or Party B fails to perform other obligations stipulated in this Agreement, Party A has the right to directly send a notice of breach of contract to Party B and lodge a claim, and Party B shall settle the claim in one or more of the following ways agreed by Party A:
1) Deliver all products and services within the extended period agreed by Party A, and bear all losses caused to Party A therefrom.
2) Party B shall, within/0/5 days after receiving the notice from Party A, be responsible for replacing defective parts, components and products with new parts, components or products that meet the specifications, quality and performance requirements stipulated in the contract, or repairing defective parts to meet the requirements stipulated in the contract, and all expenses and risks arising therefrom shall be borne by Party B.. At the same time, the quality warranty period of related products should be extended accordingly.
3) According to the poor quality and damage of the products and the losses suffered by Party A, both parties agree to reduce the price of the products or compensate Party A for the losses suffered. ..
4) Party B agrees to return the goods, and refund all the product price to Party A in the same currency as stipulated in the contract, and bear all losses and expenses arising therefrom.
3. If Party B fails to reply within 15 working days after Party A sends the notice of claim, it shall be deemed that Party B has accepted the above claim ... If Party B fails to take remedial measures by any of the above methods within 15 working days after receiving the notice of claim from Party A or within the extended period agreed by Party A, Party B shall compensate Party A for the losses caused thereby.
4. If Party B commits fraud within the agreed supply period, Party A will cancel Party B's supply qualification as appropriate.
5. From the effective date of this agreement, Party B shall notify Party A in writing of the market price changes of its bid-winning equipment every month, and Party A has the right to verify it.
6. During the validity of the supply agreement, Party A will conduct market research from time to time. Once Party B is found to have violated the requirements and commitments of this agreement, and failed to adjust the supply price and report the price changes in time, Party B will pay Party A twice the price difference of the goods as compensation, and Party A has the right to suspend or cancel the cooperation with Party B. ..
7. If Party B is found to be unable to deliver the winning products in time according to Party A's purchase price, provide services consistent with its promises or violate this agreement, Party A will suspend or cancel the purchase of Party B's products according to the seriousness of the case, provided that any remedial measures taken by Party A for Party B's breach of contract are not affected, including but not limited to the following:
(1) After receiving the buyer's order, Party B fails to supply the goods within the promised delivery time;
(2) When the shortlisted product is replaced by another new product (the replacement product cannot be lower than the original configuration), Party B raises the price without authorization;
(3) Party B fails to provide the promised services;
(4) Party B fails to abide by this Agreement and the purchase and sale contract;
(5) Party B provides fake and inferior commodities;
(6) The bid-winning price provided by Party B is higher than the market price;
(7) When the market price of the winning products and services drops, Party B fails to adjust the price.
8. During the performance of this agreement and the purchase and sale contract, if Party B may encounter any situation that may hinder the timely delivery and provision of services, Party B shall promptly notify Party A of the fact, possible delay period and reasons. After receiving the notice from Party B, Party A shall evaluate the situation as soon as possible and decide whether to agree to extend the delivery time or postpone the provision of services.
9. If one party delays the delivery or payment without justifiable reasons, and negotiation fails, the observant party has the right to claim compensation from the defaulting party, and the compensation amount shall be charged at 0.5% of the contract amount every week (part of a week is counted as one week) until the delivery or payment is completed. If the delivery is delayed or the payment exceeds the contract delivery time 15 days, the maximum penalty is 5% of the contract amount.
Nine, technical data requirements
1. Party B shall provide a detailed list of technical data before Party A bids.
2. The technical data provided by Party B shall be consistent with the equipment (including software and hardware) provided by Party B, and the technical data shall be comprehensive and detailed.
3. The technical specifications and other documents provided by Party B shall be in Chinese, which must be officially published and bound, and the copy is invalid.
4. The technical documents provided by Party B shall meet the needs of users for installation, management, operation and maintenance of the software and hardware equipment provided by Party B. The technical documents provided by Party B shall at least include:
-System documentation
-User manual (installation, operation, maintenance, troubleshooting, etc.). )
5. The technical data submitted should be shipped with each batch of goods, and the cost should be included in the basic quotation of the project.
6. For the purpose of training, Party A and the buyer have the right to copy these materials without restriction, and do not charge extra fees. Party A promises not to supply other units and individuals unrelated to this project.
7. All goods provided by Party B and the agreed suppliers shall be packaged according to standard protection measures, and the packaging shall meet the requirements of long-distance transportation, moisture-proof, shock-proof, rust-proof and rough loading and unloading, so as to ensure that the goods arrive at the designated place safely and undamaged.
8. The goods shall be accompanied by packing list, quality certificate, quality guarantee, product instruction manual and other technical materials.
Article 4 Other clauses
1. Without the prior written consent of Party A or the purchaser, Party B shall not disclose the relevant contract or any contract terms, specifications, plans, drawings, models, samples and other information provided by Party A or the purchaser to a third party.
2. Force majeure
(1) If both parties to the agreement delay the performance of the agreement or fail to perform the supply and marketing obligations under the agreement due to force majeure, they shall not be liable for overdue compensation or failure to perform the obligations under the agreement.
(2) The term "Force Majeure" as mentioned in this article refers to an objective situation that both parties cannot foresee, avoid and overcome. It does not include the default or negligence of both parties. These events include but are not limited to: war, serious fire, flood, typhoon, earthquake, etc.
(3) After the event of force majeure, the parties concerned shall promptly notify the other party of the force majeure, and notify the other party of the force majeure in writing within 3 days after the event of force majeure and provide relevant supporting documents. Both parties shall continue to perform their obligations under this agreement as far as possible, and actively seek to take reasonable measures to perform other matters not affected by force majeure. Both parties shall reach an agreement on further performance within a reasonable time through friendly negotiation.
3. The agreement comes into effect.
The following documents have the same legal effect as this agreement and are binding on both parties:
(1) tender documents (tender number:);
(2) purchase and sale contracts;
(3) Party B's final quotation sheet (including spare parts and consumables quotation sheet);
(4) List of winning products and configuration list provided by the agreement;
Supply Commitment Letter 3 Dear customers, hello!
First of all, thank you for choosing xx products. Com, China paper and paper products professional e-commerce trading platform.
Since the official release of xx network, based on the concept of convenience, mutual trust, mutually beneficial cooperation and common development, the product quality has been positioned as the core for xx network suppliers to participate in market competition.
According to the product quality requirements issued by the platform, XX.com has established a strict quality assurance system. Strictly control and manage all aspects of customer complaint handling related to product quality, and carry out secondary management on customer complaint handling: the customer complaint handling personnel of the product supplier communicate with the customer first, and if the supplier fails to handle it in time or cannot handle it, the xx network or the product manufacturer will send the customer complaint handling personnel to handle it. The company strictly controls raw materials to prevent unqualified products from flowing into the production site, and establishes a good relationship between supply and demand with suppliers, while ensuring the corresponding quality of paper ordered by customers.
Paper products published based on xx network platform belong to the basic raw materials of printing and packaging industry, and there are quality problems and various factors, which may involve the influence of all previous processes and the technological treatment of current processes. Therefore, customers are advised to:
1. First, choose a suitable paper brand according to the requirements of your own products;
2. When the raw paper enters the next process (printing machine or other machine), cut a small amount of paper and try to print on the machine. Can it meet your product needs? If you have any questions, please contact xx network platform or paper supplier in time.
3. If a customer complains about all kinds of paper, please keep the most original evidence so as to handle the customer complaint.
4. All major paper manufacturers and paper suppliers do not support the customer complaint handling method of cutting all parts to machine size before printing.
On this basis, xx. Com also makes the following promise to you: We have signed quality assurance agreements with product suppliers for all products supplied by xx. We will do a good job in after-sales service according to the requirements of the contract, technical agreement and other documents signed by both parties, as follows:
1. From the date when your company uses xx network platform to provide products, it will provide telephone or on-site after-sales service at any time to ensure timely and accurate handling of customer complaints;
2. During the warranty period stipulated in the contract and technical agreement signed with the supplier, if xx users have quality problems caused by non-man-made damage in the normal use of this product, the supplier or xx users will provide customers with complaint handling;
3. Please refer to relevant web pages for detailed customer complaint handling procedures and attention methods.
20xx year x month x day
Letter of Commitment for Supply (Note: The bidder shall make a detailed explanation according to the list of goods requirements and other requirements of this project. If the manufacturer is required to provide after-sales service, please also provide the manufacturer's after-sales service commitment letter. The letter of commitment includes the following contents (including but not limited to), and the bidder can design its own format to fill in. )
I am honored to participate in the negotiation of the procurement and installation project of indoor signs and led screens organized by your organization (project number: * * * *). Now our company makes the following commitments on the quality assurance and after-sales service of goods:
A, supply, acceptance of the time limit for a project (date), warranty period, procurement plan and other specific after-sales service plan.
Second, the payment commitment clause
Third, other preferential terms.
Four. Measures to ensure the performance of the contract and other matters that need to be explained.
Name of Bidder (official seal of unit):
Signature of legal representative or entrusted agent:
Tender date: