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Party A: Hunan Liling Xiantao Chemical Manufacturing Co., Ltd.
Party B:
Hunan Liling Xiantao chemical manufacturing co., ltd.
City agency contract for "Jinpen" (brand) products
ContractNo.: 2028
Supplier (hereinafter referred to as Party A): Liling Xiantao Chemical Manufacturing Co., Ltd. (the general agent of Sichuan Province).
Sales Agent (hereinafter referred to as Party B):
Based on the principle of mutual benefit, Party A and Party B, through friendly negotiation, reached the following contract on the cooperative distribution of Party A's products and the provision of marketing and/or engineering construction guidance for their products:
I. Scope of cooperation
1 Party A authorizes Party B to act as Party A's agent in the designated area to sell "golden cans" (brand) products as follows:
1) products of authorized agents:
1. Synthetic fat powder (specification: 20kg/ bag) (hereinafter referred to as "synthetic fat powder") "Golden Pot" waterborne solid coating for interior wall.
Two. "Golden jar" water-based interior wall solid coating reinforced basic powder (specification: 20kg/ bag).
Three. Special base powder for "Golden Pot" waterborne interior wall solid coating.
2) Authorized area: Central District of Chengdu, Sichuan Province (hereinafter referred to as "designated area").
During the validity of this contract, Party B enjoys the sales and agency rights of the newly developed "Golden Pot" (brand) series products of Party A's head office.
3 The above-mentioned designated area is exclusive to Party B and enjoys the exclusive agency right.
After approval by both parties, Party B may recommend other agents outside the jurisdiction of the above-mentioned designated areas to Party A..
Second, the sales task and cooperation period
The sales task of 1 is that Party B completes the purchase quantity of synthetic resin powder 12 tons every quarter and 48 tons in four quarters of the year. The accounting start time of the sales task is 1 day of the next month after this contract takes effect.
Party B agrees that the first purchase quantity after signing this contract is 65,438+02 tons of synthetic fat powder, and the total order amount is RMB 42,000, excluding tax, transportation, insurance and other surcharges. Please refer to Annex I for detailed product prices.
Every quarter, Party A will assess the sales tasks in the area designated by Party B, and the assessment index is 80% of the purchase volume in this quarter. If the purchase volume of Party B is less than 60%( 14.4 tons of synthetic fat powder) for two consecutive quarters or less than 80%(38.4 tons of synthetic fat powder) for four consecutive quarters throughout the year, Party A has the right to terminate this contract immediately.
This contract is valid for one year. This Agreement shall come into force on xx, 2008 and terminate on xx, 2009, and shall come into force after being signed by both parties.
When Party B achieves the sales target as agreed and fulfills the relevant provisions of this contract, Party B enjoys the exclusive agency right in the designated area and the right to renew the agency contract.
Three. Rights and obligations of Party A
1 Party A shall provide qualified products to Party B at a fair and reasonable unified price, and provide documents and materials required for product sales, marketing and promotion.
Party A shall provide Party B with training and support in business negotiation, product knowledge and construction technical guidance, and assist Party B in formulating or arranging sales matters such as marketing strategy, management and operation in the designated area.
Party A has the right to request Party B to provide inventory, product flow, sales orders/sales outlets details, etc. For Party A's review and filing.
Party A shall keep the business information provided by Party B strictly confidential and shall not disclose it to a third party without Party B's consent.
Four. Rights and obligations of Party B
1 When selling, Party B must strictly abide by the relevant national and local laws, otherwise, Party B shall be responsible for all losses caused thereby.
As the agent of Party A, Party B should actively sell Party A's products in designated areas, develop potential customers, expand market share and actively expand investment business.
3. Party B shall not dump goods across regions (except the regions where the company has no agency) and/or at low prices when selling in the designated regions; Do not intentionally slander the reputation of Party A and/or other agents; Do not compete with other agents for customers outside the designated area. If there is cross-regional sales, it must be negotiated with the agents in the area under its control; If the improper behavior eventually leads the user to terminate the purchase, cancel the contract or switch to other brand products, Party A has the right to cancel the contract immediately and unconditionally require Party B to compensate all direct and indirect losses caused to Party A. ..
4 Party B shall not change the packaging and logo of Party A's products when selling; Party B shall not engage in the business activities of selling other similar brand products under the brand or name of Party A..
5 Party B shall not conduct relevant business activities in the name of Party A in other areas authorized by the Company.
When Party B needs to carry out marketing or publicity planning in the process of product sales and promotion, it must report the planning scheme and publicity materials to Party A, which can only be implemented after Party A's approval ... Without Party A's consent, Party A has the right to cancel this contract immediately.
7. In the process of product sales and after-sales service, if Party B causes customer complaints due to improper exercise or other reasons, which have nothing to do with the product quality and Party A's technical guidance under this contract, Party B shall actively and properly handle them to satisfy and convince customers and safeguard the corporate image of both parties.
Verb (abbreviation of verb) specifies the sales behavior.
1 product price
1) Party B must abide by Party A's price regulations. Please refer to Annex I for the detailed price.
2) The price regulations of Jinpen (brand) products will be reviewed at the beginning and/or the middle of each year, and Party A will notify Party B in writing according to the latest price regulations. For sales orders confirmed before price adjustment, the unit price will not be adjusted.
2 ordering process
Party B must send it to Party A in the form of standard purchase order. Each purchase order must specify the quantity, product type and delivery time. The purchase order may also be accompanied by other terms on procurement and transportation and other conditions agreed in writing in advance.
3 payment agreement
When Party B purchases goods for the first time, it shall remit the total contract price of RMB forty-two thousand Yuan only (RMB 42,000) to the account designated by Party A or pay a deposit of RMB two thousand Yuan only, and pay the balance of RMB forty thousand Yuan only (RMB 40,000) on xx 15, 2008. If Party B violates the payment agreement, it means that Party B will automatically give up the deposit and agency right. Party A has the right to cancel this contract immediately and sign another agency contract with a third party in the designated area.
4 Delivery and transportation
1) Party A shall arrange delivery within seven (7) days after receiving the full payment from Party B. The goods will be sent from the factory to the place designated by Party B, and Party B shall be responsible for the transportation and insurance surcharge. If the goods are sent to the place designated by Party B, the second transportation, loss or damage of the goods shall be borne by Party B. If there are special requirements for delivery arrangements, Party A and Party B can solve them through negotiation.
2) If the goods are lost or damaged during the transportation from the factory to the place designated by Party B, Party B shall raise an objection within three (3) days after the arrival of the goods, and Party A shall be responsible for replacing or compensating the same amount of goods. If Party B fails to provide relevant certificates within the specified time limit, Party A will not replace or compensate. In case of product quality problems caused by poor warehouse conditions of Party B, Party B shall be responsible.
5 return and exchange
When Party B sells products, if it finds quality problems, it must contact Party A to solve them through consultation, and it can unconditionally request to return them. The return regulations are as follows:
1) After receiving the returned goods from Party B, Party A shall return the original goods to Party B within three (3) days if there is no product quality problem after verification, and Party B shall be responsible for the expenses incurred before and after the return.
2) If the product quality problem is really caused by Party A, Party A shall send the same quantity of goods to Party B within three (3) days, and Party A shall be responsible for the expenses arising from the return before and after.
3) In case of product quality problems caused by damp or damaged packaging, Party A has the right to refuse to return this part of goods, and the expenses incurred before and after the return shall be borne by Party B..
6. Anti-smuggling and low-price management
1) Party B's behavior of sending Party A's products to non-designated areas (except areas without our agency) and accepting foreign orders is called cargo smuggling.
2) Party A and Party B shall record the receiving unit/agent of products in detail, so as to track the product flow and supervise the smuggling of goods.
3) Party A has the right to supervise Party B and review sales orders and delivery records. If any goods are found to be smuggled, Party A may punish Party B to compensate the infringed agent.
4) The compensation for smuggled goods will be 100% of the price of smuggled goods. According to the agency price, 50% of the fine will be paid directly to smuggled goods as compensation for smuggled goods. If Party B is impacted by foreign goods, Party B has the right to obtain the same compensation from the buyer according to Party A's regulations.
5) When proving other people's goods smuggling, Party B shall provide product purchase documents and/or other valid certificates to provide evidence objectively and honestly.
6) Party B shall sell in the designated area according to Party A's price system to prevent and stop low-price dumping.
7) In case of serious goods smuggling and low-price dumping, Party A has the right to immediately cancel Party B's agency qualification and investigate its economic responsibility.
The duty of secrecy of intransitive verbs
1 As far as this contract is concerned, Party B has only the right to consult the confidential information provided by Party A for cooperation.
Party B promises that it will not use, disclose or allow any third party to use the confidential information for purposes other than this contract, nor will it disclose any confidential information belonging to Party A to its employees unless these employees need to know the confidential information for work reasons.
3 The handing over of confidential information by Party A to Party B under this contract does not mean that Party A grants Party B any patent right or copyright, or that Party B has any other rights to the confidential information.
If this contract is terminated, Party B shall return all business documents, catalogues, advertising materials, technical materials and samples required for selling Party A's existing products within ten (10) days from the date of termination. Party B shall also provide Party A with a detailed list of customers related to Party A and corresponding reports to ensure continuous service to customers, and Party B shall not use Party A's brand or name for business activities in any way.
If Party B violates the above agreement, Party B will unconditionally guarantee to compensate all direct and indirect losses caused to Party A. ..
Seven. Entry into force and termination of contract
1 This contract shall come into effect after being signed and sealed by both parties. From the effective date of this contract, all previous oral or written contracts will be replaced.
If either party fails to perform its obligations under this contract or violates the relevant provisions of this contract, the other party shall promptly notify the defaulting party in writing to stop the behavior. If the breaching party fails to make corrections within fifteen (15) days after receiving the correction notice, the party giving the notice has the right to terminate this contract immediately and demand the breaching party to compensate for the losses caused thereby.
During the validity of this contract, either party may terminate this contract by giving a written notice to the other party three (3) months in advance. Under the following circumstances, Party A has the right to notify Party B in writing to terminate this contract at any time:
1) Party B goes bankrupt or receives a bankruptcy order, or carries out rectification;
2) Party B changes or the business of Party B is transferred to other parties.
3) If the performance of this contract is delayed or cannot be fully performed due to force majeure, either party shall notify the other party in writing within ten (10) days from the date of the event and explain the reasons, and at the same time, measures shall be taken to prevent the loss from expanding. If the loss of the other party is enlarged due to the failure to notify the other party in time or take corresponding measures, the breaching party shall be liable for compensation for the enlarged loss. If the accident cannot be eliminated within ninety (90) days after the accident, both parties may terminate this contract through written negotiation. The above force majeure refers to unpredictable and uncontrollable emergencies including but not limited to natural disasters, government actions and wars.
Eight. Dispute mediation
If any dispute arises between the two parties in connection with this contract or in the course of performance, both parties shall settle it through consultation. If negotiation fails, a lawsuit can be brought to the people's court with jurisdiction where Party A is located.
Nine. Notification address
If the address and telephone number indicated in this contract are changed, either party shall notify the other party in writing in time, otherwise the responsible party shall bear the consequences caused by the failure to deliver the relevant notice.
X. copies of contracts and annexes
This contract is made in triplicate, with Party A holding two copies and Party B holding one copy. The following annexes are an integral part of this contract and have the same effect as this contract.
Annex I, Price Terms
Annex II: Copy of business license, tax registration certificate, organization code certificate and trademark registration certificate 1 copy (with official seal).
Party A: Hunan Liling Xiantao Chemical Manufacturing Co., Ltd. (general agent in Sichuan).
Representative of Party A: ID card:
Sichuan address: XXXXXXXXX
Sichuan telephone: XXXXXXXXXXX, email: dpinfo @163.com.
Signing date: xx, 2008
Party B: XX XX ID card: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Tel: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX @163.com.
Date of signature: xx, 2008.