Current location - Plastic Surgery and Aesthetics Network - Jewelry brand - Model contract for entrusted processing 20 19

Party A: Party B:

After full consultation, on the basis of mutual benefit, both parties reached the following agreement on the matter that Par

Model contract for entrusted processing 20 19

Party A: Party B:

After full consultation, on the basis of mutual benefit, both parties reached the following agreement on the matter that Par

Model contract for entrusted processing 20 19

Party A: Party B:

After full consultation, on the basis of mutual benefit, both parties reached the following agreement on the matter that Party A entrusts Party B to process and produce [] series products:

Article 1 Category of processed products

1, product name:

2. The product specifications are as follows:

3. If products are added, both parties shall sign a written supplementary agreement separately.

Article 2 Entrusting processing orders

1. According to the market sales situation, Party A shall provide Party B with the next month's order in writing or by fax on the day of each month, specifying the order quantity and delivery time. If Party B has any objection, it shall raise it in writing within 1 day after receiving the order, otherwise it shall be deemed as agreement.

2. If Party B provides products according to the confirmed order, Party A may adjust the order accordingly according to the specific situation, and notify Party B to adjust the plan five days in advance, but the adjustment range (quantity) shall not exceed 25% of the plan. If it exceeds 25%, both parties shall negotiate separately.

3. Party B shall make every effort to meet the requirements of Party A's order.

Article 3 Quality and responsibility of processed products

1. Party B produces in strict accordance with the formula and technology confirmed by both parties, and the product quality meets the national food hygiene standards.

2. The name and address of Party B's factory are marked on the packaging of the processed products, and at the same time, it is indicated that Party B is commissioned by Party A to produce, and a trademark use authorization letter is attached.

3. During the warranty period, the products have batch quality problems, which are confirmed by both parties or signed by national inspection and testing institutions, and are caused by Party B's manufacturing. In addition to being responsible for this batch of products with quality problems (both parties need to count the quantity), Party B shall also compensate Party A in kind (processed products) according to 30% of the total value of this batch of products with quality problems;

4. If Party A's interests are damaged due to the quality problems of the products delivered by Party B in the market circulation, and it is the responsibility of Party B as identified by both parties or notary agencies, Party B shall bear the direct losses of Party A:

(1) With regard to complaints and compensation for processed products, Party A may pay the consumer in advance with the prior consent of Party B (subject to written consent), and the consumer will sign for confirmation, and Party B will bear the compensation and deduct it from the processing fee; When Party B disagrees with Party A's handling, Party A may entrust Party B to assist Party A in handling;

(2) At the request of Party A, Party B can assist Party A in handling quality complaints, but is not responsible for providing after-sales service to end users (that is, customers of Party A);

(3) Party B shall be responsible for replacing a few quality problems such as package damage;

(4) Party B shall not be responsible for the deterioration of products caused by improper storage after Party A's transportation or delivery.

5. Party B shall conduct random inspection and sample retention for each batch of products according to the requirements of product standards, and strictly implement the "three inspections" system.

6. Party B shall provide copies of official business licenses, production hygiene licenses and ex-factory inspection reports of corresponding batches of products according to Party A's sales needs. ..

Article 4 Supply of raw and auxiliary materials and packaging materials

1. The trademark pattern, logo design pattern and packaging design pattern of the products are provided by Party A to Party B. The intellectual property rights of these patterns and their combinations belong to Party A, and Party B shall not use them anywhere other than Party A's products or allow others to use them.

2. Party B is solely responsible for purchasing raw and auxiliary materials and packaging materials needed for processing products, and ensuring that the purchased raw and auxiliary materials and packaging materials meet the requirements of Party A's product quality standards.

3. Party B shall properly keep Party A's materials, packaging cartons, labels, etc. Do not enter the market.

Article 5 Delivery and acceptance of products

1. The products are provided by Party A, and the delivery place is Party B's factory warehouse. Party A is responsible for logistics and transportation, and Party B is responsible for loading.

2. The delivery of products shall be carried out according to the order of Party A.. If there is any change, both parties shall agree in advance.

3. Before the products leave the factory, the factory representative of Party A shall issue a quality acceptance certificate and sign Party B's outbound order. ..

4. The product acceptance is based on the quality documents confirmed by both parties and the corresponding national standards.

5. If Party A thinks that the raw and auxiliary materials, packaging materials and finished products are defective (such as unqualified raw and auxiliary materials and packaging materials, damaged finished products, etc.). ), you can raise an objection to Party B and have the right to notify Party B to stop using defective raw and auxiliary materials and packaging materials;

6. Delivery time: the goods will be delivered on the seventh day after Party B confirms the order (the planned confirmation time is within 1 day after Party B receives the fax). Daily supply quantity: the monthly order quantity is less than 10000 cases, the next day is not less than 10000 cases, the monthly order quantity is 10000 cases, and the daily order quantity is not less than 10000 cases.

Article 6 Others

1, contract termination conditions

2. Ways to solve disputes

3. Effective time of the contract

Entrusting party processing party

Representative signature: Representative signature:

Name of representative: Name of representative:

_ _ _ _ Co., Ltd. (seal): _ _ _ _ Co., Ltd. (seal):

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

extreme

ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The Contractor (Party B) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

I. Entrusting processing projects

1。 Commissioned processing products: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2。 Quantity: subject to Party A's order. ..

3。 Unit price: _ _ _ _ _ _ _

4。 Delivery time: Party B shall deliver the goods within 5-7 days after receiving the goods ... The specific time shall be subject to the order.

Second, the entrusted processing method

1。 Party B undertakes the work and materials. Party B must select raw materials according to the contract. Party B shall submit the samples of raw materials to Party A for inspection on _ _ _ _ _ _ _ _ _ _ _ _.

2。 Party A shall provide outer packaging, trademarks, tags and anti-counterfeiting marks.

Three. Quality requirements and technical standards

1。 Party B shall process in strict accordance with the quality requirements put forward by Party A, and make samples on _ _ _ _ _ _ _ _ _ _ _.

2。 Technical standards shall conform to the Detailed Rules for Enterprise Quality Issues (see Annex) and national standards. (If the enterprise quality rules and standards are lower than or inconsistent with the national standards, the national standards shall prevail. )

Four. Scope and duration of Party B's quality responsibility.

1。 Confirm the quality of fabrics and accessories;

2。 Confirm color and size specifications;

3。 Confirmation of "Weicheng" emblem embroidery technology;

4。 Confirmation of sewing process;

5。 Confirmation of other quality problems;

6。 Party B shall be responsible for the quality problems during the sales of this batch of entrusted processing products;

7。 Party B shall pay the quality responsibility deposit during the contract period.

8。 Party A allows Party B an error rate of two thousandths.

V. Technical data, drawings and confidentiality requirements

1。 Party A shall provide technical data of clothing styles, logo patterns and other patterns;

2。 Party B must keep confidential the technical information such as clothing styles and drawings provided by Party A, and shall not disclose any relevant information to anyone, nor shall Party B use the information provided by Party A to process and sell it without Party A's instructions;

3。 Without Party A's permission, Party B shall not keep clothing samples and related technical data.

Six, acceptance criteria, methods and time limit

Party A shall accept the samples strictly according to the delivery date agreed in the contract (according to the quality standard agreed in the contract), and send a salesman to follow the orders, and Party B shall be responsible for their accommodation.

Seven, packaging requirements and delivery place, mode of transportation.

1。 Party B shall carry out internal and external packaging and shipping packaging in strict accordance with Party A's requirements;

2。 Deliver the goods at the place designated by Party A..

3。 The mode of transportation is _ _ _ _ _ _ _; The freight shall be borne by _ _ _ _ _ _.

Eight. Delivery volume and sales cycle

1。 After the first delivery, the warehouse and merchandiser confirm the acceptance according to the quality standard, and deliver _ _ _ _% of the total payment;

2。 Pay _ _ _ _% of the balance during the sales period, and there is no other violation of the terms of the contract;

3。 Sales period: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Nine. settlement method

1。 After Party B delivers the goods, Party B will issue a special VAT invoice and submit it to Party A. ..

2。 Party A shall settle accounts with Party B by bank transfer. Party B's bank account is:

Bank account name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Bank of deposit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Bank account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

X. liability for breach of contract

1。 Party B must deliver the goods strictly according to the time agreed by both parties. In case of overdue delivery, Party B shall pay a penalty of 20% of the total price to Party A;

2。 When Party B conceals the defects of raw materials or uses raw materials that are not in conformity with the contract, which affects the product quality, Party A has the right to require Party B to undertake the liabilities for breach of contract such as rework, price reduction or compensation for losses.

3。 If Party B causes damage to Party A by manufacturing counterfeit products, it shall bear the compensation liability of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

4。 If Party B violates Party A's confidentiality requirements, Party A has the right to require Party B to return relevant materials and demand Party B to bear the liability for compensation according to the actual situation;

6。 Party B must strictly abide by the quality requirements and technical indicators stipulated in the contract. In case of non-conforming return, Party B shall pay _ _ _ _ _ _% of the return amount to Party A as liquidated damages;

7。 Party B has no right to sell the processed products involved in this contract. If Party B sells the processed products signed in this contract without permission, Party A has the right to terminate the contract, and Party B shall pay _ _ _ _% of the total amount of this batch of products as liquidated damages;

8。 Each product must be affixed with an anti-counterfeiting label, and Party A shall be compensated for _ _ _ _ _ _ _ _ _ _ yuan for each less piece affixed;

9。 Party B shall not directly contact Party A's customers in any way or way. If Party B does this, Party A has the right to terminate the processing contract, and if losses are caused to Party A, Party A has the right to investigate its legal liability for breach of contract.

XI。 Methods of resolving contract disputes

Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree to be under the jurisdiction of the people's court where Party A is located.

Twelve. any other business

The Detailed Rules on Enterprise Quality Issues is an annex to this contract and has the same legal effect as this contract.

Party A (seal) _ _ _ _ _ _ Party B (seal) _ _ _ _ _ _ _

Authorized representative (signature) _ _ _ _ _ _ _ Authorized representative (signature) _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Signing place: _ _ _ _ _ _ _ _ _

Tisso

Entrusted processing party:, hereinafter referred to as Party A as the producer:, hereinafter referred to as Party B.

Address for signing the contract:

This contract is signed by both parties through friendly negotiation. In order to ensure the interests of Party A and Party B and clarify the responsibilities and obligations of both parties, Party A and Party B signed the following effective contract terms based on the principles of equality, voluntariness, good faith and mutual benefit:

Article 1 Contract cosmetics projects:

1. Cosmetic project: Party A provides brands and entrusts Party B to process and produce cosmetics. Party A's brand is authorized to Party B in written form by power of attorney, which is an annex to this contract. The quality standards and grades of cosmetics meet the requirements of the current cosmetic quality and hygiene standards in People's Republic of China (PRC) and China (hereinafter referred to as "national standards") and the cosmetic quality grade standards recognized by Party A, and the cosmetic packaging is brand packaging authorized by Party A (hereinafter referred to as "OEM"). OEM cosmetics production samples, packaging samples and cosmetics transportation samples are provided by Party A with written approval; Party B independently processes and produces cosmetics within the scope entrusted by Party A. ..

2. Special quality requirements for cosmetics projects: The quality grade of cosmetics of different brands produced by Party B for Party A must reach the same quality grade as the original brand cosmetics produced by Party A. The Quality Grade Standard for Cosmetics of Different Brands (hereinafter referred to as "Processing Standards") shall be provided by Party A and signed by Party B as an annex to this contract.

3. Authorized brand production place: Party A authorizes Party B to set up a factory by Party B, and the factory address is:No. of provincial, city (county) road and street. Under the guidance of Party A's quality standards and according to the purchase order signed by Party A, Party B will process and produce cosmetics of the brand authorized by Party A, and the effective use period will be stipulated by Party A's brand use authorization. Due to the needs of Party A's production and operation, Party A has the right to adjust the brand and effective use period.

4. Party A independently owns all the rights and interests of cosmetic articles, brands and packaging patterns in the contract: Party B is solely responsible for the production and supply of cosmetics for Party A. Within the validity period of the contract, without the written consent of Party A, Party B shall not produce, distribute, give away, publicize and promote other cosmetic articles and authorized brands and packaging patterns identical or similar to those of Party A at home and abroad without authorization or through a third party.

5. Processing content, specification, quantity, price and target:

In the process of cooperation, Party B provides Party A with canned and packaged products in the production mode of processing on behalf of others, and Party A pays the related expenses according to the agreed processing price. The filled or packaged products provided by Party A to Party B shall be indicated in the purchase order of Party A. ..

Article 2 Confirmation and use of production and sales documents:

1. Legal proof of production and sales documents: Party B shall provide Party A with a copy of business license, a copy of production license, a copy of hygiene license, and relevant cosmetics certificates as annexes to this contract when this contract is formally signed. Party A shall provide Party B with copies of its registered trademark, business license and enterprise organization code certificate.

2. The signing of the purchase order shall be confirmed according to the following conditions: according to the purchase order or fax purchase order given by Party A to Party B, Party B shall confirm, sign and reply to Party A in writing within four hours on the day of receiving the purchase order. The order document shall specify the product name, specifications, unit price, quantity and delivery date, etc. Relevant management personnel of Party A and Party B must sign and seal the order documents.

3. Delivery method, delivery address and warehousing acceptance of contract performance:

(1) Party B shall be responsible for delivering the goods at the delivery address designated by Party A, and provide the original written quality assurance certificate required by Party A with the goods, such as the factory product certificate, composition test report, etc.

(2) After the production of Party B is completed, Party A shall conduct sampling inspection and measurement, and fill in the acceptance certificate and warehouse receipt. Party A's acceptance results will be used as confirmation evidence of delivery and warehousing by both parties.

(3) Party B shall deliver the goods to Party A according to the order delivery time confirmed by both parties. If Party B fails to deliver the goods within the specified delivery period, Party A will deal with Party B according to the terms of breach of contract. Where economic losses are caused to Party A's production and operation, Party B shall be liable for economic compensation.

(4) Packaging materials, semi-finished products and finished products shall be stored in Party B's independent warehouse, and Party B shall designate a special person to manage them.

Article 3. Product production quality standards, inspection and guarantee:

1. For the quality of all purchased raw materials, semi-finished products and packaging materials, Party A shall be responsible for the quality of the packaging materials provided by Party B, and Party B shall be responsible for the quality inspection and handling of the products in the process of receiving, producing and storing.

2. Party B guarantees that the quality of the products processed by it fully conforms to the industry quality standards promulgated by the state, and at the same time conforms to the enterprise production standards passed and filed by the State Municipal Bureau of Technical Supervision. If Guangzhou Municipal Bureau of Technical Supervision or Guangzhou Municipal Health Supervision Office is entrusted to conduct random inspection due to the needs of market sales and industry supervision, Party A shall assist Party B in the inspection, and the inspection expenses shall be borne by Party B. ..

3. It is judged by both parties that the product return is due to Party B's responsibility. When Party B reworks, the packaging materials can only be reused after being signed by Party A, and the losses caused by non-reusable packaging materials shall be borne by Party B. ..

4. The product quality problems caused by Party B's improper storage shall be the responsibility of Party B, which has nothing to do with Party A. ..

5. Before the cooperation, Party B shall provide Party A with the sample version (semi-finished product) of the product list in the order, and it can only be produced after confirmation. The quality of cosmetics should be produced according to the sample version confirmed by both parties. If there is any discrepancy, Party A has the right to reject the goods. Party B guarantees the stability and safety of Party B's products. If Party A suffers losses due to product quality problems, Party B shall compensate for the cost loss of the products with quality problems.

6. Party B shall provide Party A with three certificates. Due to the uniqueness of cosmetics, Party B guarantees that the products provided to Party A are exactly the same as the samples confirmed by both parties, but it does not mean that all customers of Party A will use the products without adverse reactions. If more than 5% of Party A's customers have adverse reactions after using the products produced by Party B, Party A's customers will suspend the use of such products, and can exchange the unsold and returned products of Party A for free after confirming that they are quality problems of the products themselves. Party B shall be jointly and severally liable for other indirect losses of Party A's customers. Improper use or repeated allergic reactions in seasonal and special areas are not included.

7. The shelf life of all products provided by Party B is three years from the date of packaging. Within this date, if any product is unopened and causes deterioration or seal leakage, Party B shall be responsible for replacing it free of charge.

Article 4 Loss of means of production:

1。 During the whole production process, Party B shall ensure that the use loss of semi-finished products and various packaging materials is controlled below%; Loss of low-value consumables (such as labels and seals, etc.). ) should be controlled below%. The part exceeding the above indicators shall be borne by Party B. ..

2。 After completing the production of the batch products ordered by Party A, Party B must notify Party A in writing of the scrapped materials in the production process. ..

Article 5 Composition of expenses and settlement methods:

Party B shall carry out production according to Party A's order and use it for related processing expenses (including Party B's production, inspection, storage and handling, etc. ), Party A shall timely check and pay the product processing fee according to the unit price specified in the purchase order at that time. Payment shall be made on a monthly basis starting from the average warehousing date of the month when Party A receives the warehousing receipt. Party A shall not settle the goods for which Party A has not gone through the formalities of acceptance and warehousing.

Article 6 Confidentiality clauses and commercial statements:

Party B is responsible for keeping confidential the confidential information of the products entrusted by Party A, such as the country of origin, product name, product price, product use and sales plan.

Party B is a commercial cooperative relationship, with each party independently accounting and bearing legal responsibilities. Party A is only responsible for the brand rights and interests of products authorized by Party B. This contract does not involve Party A's rights and interests, and any illegal business activities of Party B have nothing to do with Party A. ..

Article 7 Liability for breach of contract and termination of contract:

1. Party A and Party B shall abide by all national laws and regulations on cosmetic quality, packaging labeling, publicity and management. If one party violates the regulations, the other party has the right to terminate the cooperation, and the violator shall bear all economic and legal responsibilities.

2. For the products and packaging using Party B's three certificates, Party A shall have Party B review and confirm the packaging before printing.

3. If Party B uses Party A's certificate for products other than the purchase orders confirmed by Party A and Party B as stipulated in this contract, Party A will regard it as counterfeit products, and shall investigate Party B's legal liability and joint liability.

4. Party B must meet the delivery time determined by both parties through consultation. If it fails to meet the requirements, Party A has the right to choose another processing plant and hold Party B liable for breach of contract, and has the right to use up all the packaging materials with Party B's three certificates printed on them.

Article 8 Force Majeure:

If the goods are produced, transported and distributed in compliance with laws and contracts, the goods are lost, short, deteriorated, polluted or damaged due to force majeure (such as earthquake, war, flood, national policy, etc.). ), Party A and Party B shall not claim compensation after obtaining the written certificate from the national government agency.

Article 9 Changes:

If either party changes the company name, address, legal representative and contact information (telephone, fax, etc.). ), the changing party must notify the other party fifteen days before the date of change; If there is any change in the contract items, the changing party must notify the other party one month before the change date, otherwise the direct economic losses will be borne by the breaching party.

Article 10 Others:

Party A's purchase orders, receipts, brand authorization and cosmetic quality grade standards recognized by Party A have the same legal effect as this contract. Matters not covered in this contract shall be settled by both parties through friendly negotiation. In case of disputes and lawsuits between Party A and Party B, both parties agree to settle the disputes through the jurisdiction of the court where Party A is located. This contract is made in duplicate, each with three pages, and each party holds one copy. After consultation, both parties agreed to sign and affix their official seals. Party A and Party B shall provide copies of their respective business licenses, production hygiene licenses and ID cards, which shall be invalid before the completion of the contract.

The validity of this contract is from year to year.

Party A (official seal) and Party B (official seal)

Company name: Company name:

Address: Address:

Legal representative:

Legal Person Code: Legal Person Code:

Person in charge of the company: person in charge of the factory:

Telephone number:

Fax number: Fax number:

Date: Date: