Cooperation Agreement 1 This agreement was reached by oriental home Co., Ltd. and the supplier through friendly negotiation in accordance with the Contract Law of People's Republic of China (PRC). The rights and obligations of both parties stipulated in the terms of this agreement will cover every commodity trading order signed by oriental home Co., Ltd. and suppliers in the future, and the original, copy or fax shall abide by the terms of this agreement.
First, the parties
Party A: oriental home Co., Ltd. (hereinafter referred to as Party A)
Office address:
Legal representative:
Bank of deposit:
Account number:
Tax number:
Post:
E-mail:
Telephone message:
Chuan Zhen:
Website:
Party B: (hereinafter referred to as Party B)
Office address:
Legal representative:
Bank of deposit:
Account number:
Tax number:
Post:
E-mail:
Telephone message:
Chuan Zhen:
The above-mentioned office address and correspondence number of Party A and Party B are the legal correspondence addresses of both parties to this agreement, and all relevant business dealings between both parties shall be subject to the relevant documents and materials delivered to the above-mentioned designated places.
Second, the credit certificate
Party B shall provide business license, tax registration certificate, registered trademark certificate, legal person power of attorney, special commodity production and sales license and other relevant legal documents, as well as its own enterprise profile, commodity catalogue and quotation.
Third, commodity information
1, advertisement
Party A will use newspapers, samples, pictorial and other advertising media to promote Party B's products. If Party B has requirements for advertising, it shall submit the artistic conception, specifications and company logo of the products provided to the advertising department of Party A for Party A's review and advertising production. Any advertising production must be agreed by both parties.
2. Publicity materials
If Party B has printed materials to distribute to consumers, it shall provide them to Party A at the same time of supply for timely distribution. If there are false words or nonstandard commodity names in the publicity materials, and there are contents that conflict with the law, Party B shall bear all the responsibilities.
3. Commodity descriptions and written warning labels
According to the relevant laws and regulations, Party B's goods shall be provided with descriptions conforming to laws and regulations and clear warning labels.
4, commodity quality certificate and inspection standard
When Party B supplies goods to Party A, it shall provide corresponding commodity quality inspection standards in the order of international standards, national standards, ministerial standards, industry standards and enterprise standards, and issue an effective inspection report by the quality inspection department as agreed during actual supply. All commodities shall be provided with quality certificates (the certificates shall indicate the production date, applicable standard codes and inspectors) or quality inspection certificates and industry licenses of commodities. If there is no clear quality inspection standard, both parties shall seal up the goods samples or take Party B's samples confirmed by Party A as the acceptance basis. Party A has the right to sample and even inspect all the goods.
5, commodity knowledge training
In order to effectively provide quality services to customers and improve commodity sales, Party B shall conduct commodity knowledge training for Party A's sales staff. The main contents of the training are:
(1) Knowledge about the characteristics, performance and application of commodities;
(2) Knowledge of the use, installation, maintenance and repair of commodities;
(3) the content of product quality assurance, warranty and replacement.
6. Trademarks and intellectual property rights
Party B shall provide the trademark right, brand, patent right, certificate of origin, customs declaration and other supporting documents it enjoys. All legal consequences and economic losses caused to Party A by any counterfeiting and infringement by Party B shall be borne by Party B. ..
7, commodity packaging
Except for bare goods, the name, specification, model, grade, color, manufacturer's name, address and telephone number of Party B's goods shall be clearly marked in Chinese.
The outer packaging of commodities shall have corresponding strength, specifications and dimensions suitable for handling, and shall be marked with warning signs such as stacking height. In addition, the commodity name, specification, model, grade, color and manufacturer's name should also be indicated.
Packaging is generally not recycled. If there are special requirements for recycled packaging, a packaging recycling agreement shall be signed separately as an annex to this supply cooperation agreement.
8. Environmental protection requirements
Party B shall provide relevant certification materials and production licenses for goods that meet the national environmental protection requirements.
Fourth, supply
1, show the sample
In order to promote the sales of goods in shopping malls, Party A is willing to provide shelves and counters in each newly opened supermarket to show samples to Party B, and Party B is also willing to provide samples to the shopping malls for free in each newly opened supermarket of Party A..
Party B can provide the demonstration samples beyond the supply quantity, but a separate sample contract is required, or Party A can show the samples for the supply. When sampling, Party A shall list the samples, which shall be confirmed by Party B..
2. commodity bar code
Party B shall attach a barcode label to the goods provided to Party A, otherwise, it shall actively apply to become a member of China barcode system.
Step 3 order
According to the terms of this agreement, both parties to the transaction stamped the legally effective seal (usually the special seal for the contract) on the order, or the contents in the order have been actually implemented, which means that Party B recognizes and accepts this transaction.
4. Price
Party A will establish a long-term cooperative partnership with Party B, and Party B will provide Party A with preferential commodity prices and support Party A's business philosophy and parity declaration policy. Party B promises that the supply price to Party A is lower than that to other distributors. With the dual development of Party A's supermarket chains, the sales of Party B's goods in shopping malls will also increase exponentially. In order to double the market share, Party B agrees to reduce the supply price with the increase of sales volume (the reduction range will be discussed separately); Party A may transfer all the reduced price of Party B to the consumers for benefit. After the supply price is lowered, the retail price of the commodity in the mall will also be reduced accordingly. If Party B violates the price commitment and causes consumers to complain about the commodity price, Party B shall solve it and compensate.
5. Changes and adjustments of commodity prices
If Party B raises the commodity price, it must notify Party A in writing 30 days in advance so that Party A can make a decision. If the price increase is accepted, Party B will receive a written confirmation from Party A indicating the effective date, but Party A's inventory goods for sale will still be executed at the original price. Otherwise, Party A will not pay the part where the actual price of the goods exceeds the order price. Party B agrees that if the price of the goods before shipment is lower than the price specified in the order, the price in the order will also be reduced to the current price.
6, the lowest supply price guarantee
Party B guarantees that the supply price provided to Party A is the lowest compared with other domestic suppliers, and the gross profit margin of Party A is above.
Step 7 reduce the price
1) The price determined by both parties is the settlement price within a period of time. When Party A finds that the supply price of Party B's products is higher than that provided by Party B to other suppliers, or Party A needs to reduce the price according to market requirements, Party B is obliged to reduce the price of the contract goods at the same time.
2) When both parties confirm to reduce the supply price, the value of unsold inventory goods in Party A's store will be reduced to the reduced price.
8. Stop production or supply.
If Party B needs to stop production, business or supply for any reason, it shall notify Party A in writing 60 days in advance so that Party A can make corresponding adjustments.
9. Commodity promotion
(1) Advertising: Party B provides advertising support for its own products, and draws up a promotion plan when signing the contract. The specific way is specified in the confirmation letter signed by both parties.
(2) In line with Party A's overall promotion policy, Party B shall, at the request of Party A, discount some or all of its products or take other measures to benefit consumers during the 3. 15, 5. 1, 1 celebrations of Party A's company and its stores.
(3) In the specific promotion process, Party A will fax the promotion plan and matters requiring Party B's support and cooperation to Party B.. If Party B fails to reply to the feedback within the time of receiving the fax, it shall be deemed that Party B fully agrees with Party A's promotion plan and requirements.
10: In the process of cooperation between the two parties, if the relevant information such as the place of origin, price and standard name of Party B's goods changes, Party B shall promptly notify the purchasing personnel of Party A in writing so that Party A can correct the corresponding information in Party A's system in time, otherwise, Party B shall be responsible for compensating the relevant customer complaints and other losses arising therefrom.
Verb (short for verb) delivery
1. Party B guarantees that the goods will arrive at the place specified in the order according to the arrival date specified in the order, with no more than two days in advance or delay. If partial shipment is required, it should be indicated on the transport document. If the delivery cannot be made on schedule, Party B shall immediately notify Party A in writing (including fax). Without the consent of Party A, Party B shall not advance or postpone the delivery. Party A has the right to refuse and cancel orders that are not delivered on time without reason.
2. Where Party A delays the delivery of goods to consumers due to Party B's delay in delivery, and causes consumers to complain for compensation for losses, Party B shall bear it, but the maximum compensation amount shall not exceed the total price of goods ordered by consumers.
3. The mode of goods transportation shall be determined by both parties through consultation. If changing the mode of transportation will increase the cost, Party A's written consent must be obtained.
VI. Acceptance and acceptance criteria
1, the quantity is accurate, and the packaging is in good condition, subject to Party A's second acceptance ... The time limit for Party A to propose the product quantity, appearance defects and internal quality is: 1: the product quantity acceptance is subject to the actual receipt. 2. The time limit for raising objections to product appearance defects is within 7 days of opening the outer packaging of the goods. 3. The internal quality problem of the product is within the warranty period of the product or within 7 days after the consumer complains.
2. Party A has the right to reject the goods that do not conform to the order, the goods that do not conform to the packing list, the goods with damaged outer packaging and the goods with unqualified quality, and notify Party B in time. In order to reduce losses, Party A can keep the goods on its behalf, and Party B shall bear the damage to the goods and the expenses arising therefrom. If Party B can't handle it properly within two months, Party A has the right to auction or sell it, and the balance after paying relevant fees will be returned to Party B. ..
3. Party A shall issue the receipt certificate for the goods that have been received in good condition, so as to facilitate Party B's accounting and settlement.
Seven. Invoicing and settlement
1. Unless otherwise agreed by both parties, Party A shall pay the payment on the 5th+00th and 25th of each month according to the terms stipulated in the order.
2. When Party A makes payment, Party B shall issue the original value-added tax invoice and other necessary documents that are unified nationwide according to the settlement amount checked by both parties. Unless otherwise agreed by both parties.
Eight. Guarantee and insurance
1. Party B shall guarantee the quality of its products and pre-sale and after-sales services, and abide by the provisions of relevant national laws and regulations.
2. Party B guarantees that the raw materials and production technology of the goods meet the legal requirements.
3. If Party B insures the subject matter of this contract, it shall provide Party A with valid certification documents.
IX. Termination of Agreement and Return of Goods
1. For quality problems found by Party A or commodity users, Party A will prompt Party B, and Party B will be responsible for returning or exchanging goods.
2. Party B agrees that Party A will cancel the order in whole or in part, give up or refuse to receive the goods, and return the goods in whole or in part, and Party B will pay the expenses incurred when Party A returns the goods:
1) Party B fails to perform or fails to fully perform the terms in this agreement and the order;
2) Party B violates the guarantee in Part VIII of this article;
3) All or part of the goods have defects that do not meet the quality inspection standards;
4) The goods shipped are less than or more than the quantity specified in the order, or are inconsistent with the sample or the order;
5) The delivery date of the goods shipped by Party B is changed without the prior consent of Party A..
3. Handling of unsalable goods
Party A agrees to promptly notify Party B of the unsalable products in the shopping mall; Party B agrees to take back the unsalable varieties from Party A or exchange the varieties needed by Party A for the same quantity of goods.
X. Party B promises
1. When Party A discovers that Party B has any of the following behaviors, Party B shall immediately terminate the agreement at the request of Party A, and Party B shall pay Party A a liquidated damages of 10 times the amount involved.
1) Party B shall not demand or give kickbacks to Party A's buyers and stakeholders in any form.
2) Party B accepts Party A's personnel or their close relatives to work in Party B or its affiliated companies.
3) Party B gives or sells the equity of Party B or its affiliated companies to Party A's personnel at a low price.
4) Other ways
2. Party B's in-store personnel in Party A shall strictly abide by Party A's Management Measures for Supplier's in-store Personnel and Employees, otherwise Party B agrees to accept compensation and punishment from Party A's Management Measures for Supplier's in-store Personnel and Employees.
3. Party B must use Party A's standard bills and forms when engaging in business activities at Party A's premises. If it is really necessary to use Party B's documents, it must be approved by Party A and go through the use procedures.
4. If Party B and its in-store personnel engage in the following activities in Party A's business premises, Party A has the right to dismiss Party B's in-store representative and require Party B to pay compensation of ten times the sales amount:
1) collect the customer's deposit, security deposit or money without returning it to Party A;
2) Recruit customers at Party A's business premises, keep contact information with each other and conduct OTC transactions;
3) The resident representative fails to sign the commodity sales contract with the customer privately according to the process of Party A;
4) Alter, cheat, forge or steal Party A's relevant documents and tickets;
5) In Party A's business premises, personnel in Party B's store steal Party A's goods;
6) Due to Party B's reasons, the commodity prices and services provided to Party A are different from other sales points of Party B. ..
5. If the goods provided by Party B are sold in the form of reverse flow or special orders, and Party B's relevant personnel deliberately transfer or induce customers to buy goods outside Party A's stores, resulting in Party A's omission of orders, Party B shall compensate Party A for a fine of ten times the sales amount.
6. Party B agrees to negotiate with Party A to sign an e-commerce service confirmation letter.
XI。 Solve consumer complaints
When consumers have complaints about the quality and price of Party B's goods, Party B shall be responsible for solving them. If Party B fails to solve the problem in time or fails to solve it, which leads to litigation or news media participation, causing economic and reputation losses to Party A, Party B shall compensate.
Twelve. Liability for breach of contract:
Any party who breaches the contract shall bear the liability for breach of contract, and the specific way to bear the liability for breach of contract is to pay liquidated damages to the observant party. The liquidated damages are 65438+ 0% of the total amount of the subject matter of the contract in breach; If one party's breach of contract causes losses to the other party, and the liquidated damages paid are insufficient to make up for the losses, it shall also be liable for compensation.
Thirteen. Conditions for termination of the contract
1. The contract term stipulated in the Supply Cooperation Agreement expires and both parties have not renewed the contract.
If one party breaches the contract, the expected purpose of the contract cannot be achieved.
3. Within the validity period of the contract, either party may propose to terminate the cooperation and terminate the contract 30 days in advance, but it needs the consent of the other party.
Fourteen Deal with the aftermath after the termination of the contract
After the termination of the contract, both parties shall settle the accounts within one month, and the last payment shall be paid within 180 days after both parties settle the accounts.
Fifteen. Annexes to this Agreement
1) Business license of Party B.
2) Tax registration certificate of Party B.
3) Power of Attorney of Party B (dealer certificate)
4) Trademark registration certificate of Party B's goods
5) Patent certificate of Party B.
6) Party B's commodity quotation (refers to the commodities provided to oriental home Co., Ltd.)
7) Party B's goods quality inspection report and applicable standards.
8) Relevant certificates shall be provided for different commodities, such as electrical product license, hygiene license and network access license.
9) Inspection and quarantine certificate, customs declaration form, certificate of origin (origin), trademark and patent certificate of imported goods, etc.
10) Confirmation of supply cooperation
1 1) sample sealing protocol
12) packaging recycling agreement
13) e-commerce protocol
14) Resident Representative Agreement
The above annexes are an integral part of the supply cooperation agreement and have the same legal effect.
XVI. Effective conditions of the agreement
This agreement shall come into effect after being signed by the legal representatives or entrusted agents of both parties and stamped with the official seals of both parties.
Seventeen. any other business
1. During the performance of this agreement, neither party may modify or delete this agreement by itself except for other terms specified in the order or otherwise agreed by both parties. Both parties confirm that this cooperation agreement is the principle of the transaction between them.
2. If Party A makes a mistake or fails to implement the terms of this agreement, Party A shall compensate Party B for the losses incurred. Due to Party B's fault, or Party B's failure to implement the terms in the agreement and order, Party B shall compensate Party A for the losses thus incurred. When Party B compensates for Party A's losses, it can be paid in cash or from relevant expenses payable by Party B, or it can be deducted from the amount payable by Party A to Party B. ..
3. Both parties agree that when the observant party claims the rights of the defaulting party, the defaulting party shall bear the corresponding expenses arising therefrom.
4. This agreement is signed in Beijing, People's Republic of China (PRC), and is subject to the relevant laws of People's Republic of China (PRC).
5. Disputes arising under this agreement shall be settled by both parties through negotiation as far as possible. If negotiation fails, it shall be settled by the corresponding people's court in Beijing through litigation.
6. This agreement is valid from (year) to (year) 65438+February 3 1.
7. This Agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which have the same legal effect.
Oriental home Co., Ltd. (Seal)
Signature of legal representative:
(or entrusted agent)
date month year
Supplier: (seal)
Signature of legal representative:
(or entrusted agent)
date month year
Chapter II of Cooperation Agreement Party A:
Address:
Telephone:
Party B:
Address:
Telephone:
In order to improve the function of _ _ _ _ _ _ _ _ _ Temple scenic spot, enrich people's spiritual life and create a harmonious society, Party A and Party B intend to invest and contract the operation of _ _ _ _ _ _ _ _.
I. Term of operation
Both parties agree that the contracted operation period of _ _ _ _ _ _ _ _ Temple is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .
Second, the contract price
1, and the total contract amount is RMB _ _ _ _ _.
2. Party B shall pay _ _ _ _ _ _ _ yuan to Party A within _ _ _ _ _ days after this agreement comes into effect, and the remaining _ _ _ _ _ _ _ _ _ _ yuan shall be paid by Party B.
Third, the ownership of property rights.
The property right of _ _ _ _ Temple belongs to Party A, and the management right under this agreement belongs to Party B during the contract period. _ _ _ months before the expiration of the contract, Party A and Party B negotiate to renew the agreement.
Four. Scope of contracted business
Incense sticks, candles, beads, Buddha statues, jade articles and jade articles in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Verb (abbreviation of verb) contracting business premises
The existing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ completed storefront shall be used by Party B alone.
Six, the rights, responsibilities and obligations of both parties during the contract period.
1. Rights and obligations of Party A:
(1) Party B shall not interfere with the daily operation and management of Party B, and shall not transfer the package to a third party without Party B's consent, so as to ensure Party B's water and electricity consumption.
(2) Party A shall supervise and manage Party B's property within the time allowed by Party B, that is, the trading accounts of all operating projects shall be included in the property management scope of Party A. ..
(3) If Party B is unable to operate due to policy factors, change of presiding officer or force majeure, Party A promises to return Party B's investment and interest at the rate of one point per month according to Party B's investment cost and interest rate standard, and Party B has the right to deduct the above expenses from Party A's total operating income in priority. ..
2. Rights and obligations of Party B
During the contract period, Party B has the exclusive right to operate the goods under this agreement, and Party B has the right to take back the property management of Party B according to the operating conditions, and independently manage the accounts and operations within the business scope. All business activities shall comply with national laws and regulations.
Seven. responsibility for breach of contract
1. Party B shall pay the contract fees as agreed. And pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Except for force majeure, Party A shall not terminate this Agreement. If this Agreement is unilaterally dissolved due to the change of president of Party A or any other reasons, Party A shall pay Party B RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Eight. Dispute mediation
In case of any dispute arising from this agreement, Party A and Party B have the right to bring a lawsuit to the people's court where Party A is located through friendly negotiation.
Nine. others
1. For matters not covered in this agreement, Party A and Party B shall sign a supplementary agreement through friendly negotiation, and the supplementary agreement shall have the same legal effect as this agreement.
2. This Agreement is signed in the form of _ _ _ _ _ _ _ _ _.
Party A (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 of the cooperation agreement contract number: 1 18223
Party A: Address: Tel: Party B: Address: Tel: Risk Warning:
There are many ways of cooperation, such as setting up a company, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different.
The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc. Both parties to this agreement follow the concept of mutually beneficial cooperation, promote strategic cooperation on the principles of giving full play to advantages, mutual promotion, long-term cooperation and mutual benefit, and strive to expand the depth and breadth of cooperation between the two parties, improve economic benefits and achieve mutual benefit and win-win results. Through friendly negotiation, the two sides reached the following strategic cooperation agreement: risk warning:
The rights and obligations of all parties to the cooperation should be clearly agreed to avoid wrangling in the actual operation of the project.
Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation.
Article 1: The two sides shall establish a mutual strategic partnership and maintain it for a long time.
Article 2: Both parties agree to publicize and promote the introduction of brand products belonging to a certain group (holding company) and its partners by Party B in a certain city, carry out in-depth and long-term cooperation, and expand and contract the scope of cooperation and increase or decrease the content of cooperation as needed.
Article 3: Both parties agree to create the most favorable conditions and treatment for each other's cooperation and jointly form new development advantages.
Article 4: Both parties shall determine the cooperation coordination office, which shall be responsible for providing cooperation materials, agreeing on cooperation matters, formulating cooperation plans, docking cooperative enterprises, coordinating cooperation matters and implementing cooperation matters.
Article 5: The term of cooperation starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 6: Both parties shall support each other's development, publicize each other's image, safeguard each other's reputation and expand the scope of cooperation as much as possible.
Article 7: Both parties shall solve the problems encountered in cooperation through consultation.
Article 8: The cooperation between the two parties is non-exclusive, without changing their independent status, and they will bear the responsibility for foreign business in their own names.
Article 9 Both parties shall jointly establish a market risk early warning, prevention and disposal mechanism to protect the interests of both parties to the maximum extent. Risk warning:
Obligations of confidentiality and non-competition should be agreed, especially for the technology and customer resources involved in the project, so as to avoid one party profiting from it outside the project or engaging in other activities that damage the rights and interests of the project.
Article 10: Both Party A and Party B have the obligation to keep confidential and shall not disclose it to either party without the consent of the other party.
The third party discloses or divulges any information related to the contents of this agreement.
Article 11: If this Agreement cannot be performed due to force majeure or other unforeseeable and inevitable factors, both parties shall terminate this Agreement through consultation, and neither party shall bear legal responsibilities.
Article 12: During the validity of the agreement, if there is any dispute between the two parties, it shall be settled through consultation on the principle of mutual understanding and mutual benefit. If negotiation fails, both parties may bring a lawsuit to the people's court where Party A is located.
Article 13: This agreement is a framework agreement, and specific cooperation matters need to be further clarified in each specific cooperation contract.
Article 14: This Agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _