Shandong Longkang Fruit Juice Co., ltd. Contract of Orchard Contracting and Management
Shandong
Longkang Fruit Juice Co., ltd.
Party A:
Shandong Longkang Fruit Juice Co., ltd.
Party B:
Zhaojiabuzi Zhaodeqing
This
contract is hereby made by consultation of the both parties in order to
obey:
ⅠParty A contracts
in payment to party B pear garden in Zhaojiabuzi Village of 190 mu for paid
management base production in order to provide raw fruits
materials.
Ⅱ Before the
maturity of the fruits in the contracted orchard, Party B can plant shout
straws. The income of the plantation is used for management investment and labor
remuneration. Party A shall not charge for it.
Ⅲ After the
maturity of the fruits in the contracted orchard, Party B shall charge 1,200
Yuan/mu each year to Party A for the usage of the orchard. Total charge of each
year is 228000 and it will be deducted from the amount of the raw fruits
materials handed over by Party B.
Ⅳ Both parties
agree that the period of the contract is 5 years which is from Dec. 31st, 2008
to Dec. 31st,
2013.
Ⅴ Rights and
obligations of both parties:
1 Party A
provide in payment normative orchard base (conditions: land, fruit trees, tents
and draw bench etc) to Party B for usage.
2 Party B
has the right to send managerial and technical stuffs to conduct technical
guidance, supervision and inspection for the orchard protection, geography
cultivation and field management.
3 Party A
is entitled to refuse the delivery of raw materials discovered by managers which
are not met the pollution-free demand or which are purchased from elsewhere but
served as the raw materials of the base. Loss to Party A coursed by this case
should be bared by Party B.
4 Party A
will purchase the products according to the purchase standard of the company and
the market price. The orchard contracted charge will be deducted at the
beginning of the purchase, and then the total value of the production will be
settled up.
5 Party B
should manage the orchard according to the management plan, fertilizer
application plan and pesticide application plan made by Party A. All the
investment costs during the production and management period should be bared by
Party B. Party A is not liable for it.
6 Party
should protect well all the orchard base conditions (land, fruits trees,
facilities etc.). Repairing work should be done as soon as the damages occur,
otherwise the loss shall be bared by Party B.
7 Party B
can not sell the products of the contracted to elsewhere and can not take the
products bought from elsewhere served as the products of the base, otherwise
Party A has the right not to pay or even cancel the contract.
8 Party B
should assist Party A with the related work du ring the purchasing time,
ensuring the raw materials are delivered in time to the factory.
9 Party A
has the right to settle up the loan of the raw materials to Party A according to
the contract.
Ⅵ Liability for
breach the contract:
Both
partied should strictly carry out this contract. If one party has breached the
contract then this party should be liable for all the loss caused to another
party.
Ⅶ Amendment or
cancel to the contract:
1 Each
party shall have the right to amend or terminate the contract when the contract
is failed to perform due to the change of the national policies or unpredicted
natural disasters.
2 Party A
has the right to cancel the contract if Party B does not pay the contracting
charge; Party B has the right to cancel the contract f Party A fails to carry
out the contract.
3 The
contract shall lose effect when the period of the contract is due.
Ⅷ When dispute is
arising on the contract, firstly negotiation will be taken; In case no
settlement can be reached through negotiation, the case shall then be submitted
to the local people’s court.
This
contact is in duplicate and ach party retains one copy. The contract shall come
into effect since the date it is signed.
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Party
A:
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Party
B):
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Representative:
Zhang chegnai
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Representative
: Zhao deqing
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Jan.
1st,
2008:
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